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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF ~~ PENNA.
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DECREE IN
DIVORCE
AND NOW, ' , , , , , , , ,:-?:,:,,~, , , ,z, ,~~~ '. J 9 ,~" , '. it is ordered and
decreed that.., ..~~~,i,~7, ~"..~?!".,...................,....... plaintiff,
and, " , , , ,'!-'!I,~"!~~, ,~', ,~?.Y: , , , , , , , , , , , , , , , , , , , , , , . , , , , , . , , , , " defendant.
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
The parties' Property Settlement Agreement, dated
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PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made thiS$ day of {)ctD~r ,1998, is by and
between:
THOMAS L. HOY, of 1377 Baltimore Road, Shippensburg, Cumberland County.
Pennsylvanie, party of the first part, heroin attar referred to as "Husband": and
DENISE J. HOY, of
Pennsylvania, party of the 8acond part. hereinafter referrad to as "Wife."
WITNESSETH:
Iqf1, WHEREAS, the parties hereto are husband and wife, having been married on 14 July
~ (~nd are the parents of two minor children: Thomas L. Hay, Jr" born 6 February
j 1981. and Tara Leigh Hay. born 25 July 1985 (hereinafter referred to as "children"): and
WHEREAS, cartain difficulties have arisen between the parties hereto which have
made them desirous of living separate and apart from one another and Wife has initiated an
action in divorce filed to No. 98-620 Civil Term before the Court of Common Pleas of
Cumberland County, Pennsylvania;
WHEREAS, the parties hereto, Wife being represented by Bradley L. Griffie, Esquire,
and Husband by Samuel L. Andes, Esquire, have each exchangad full and complete
information as to the property, assets, and liabilities owned and owed by each and have
disclosed to each other and to their raspective attorneys full information as to the financial
status of both parties hereto; and
WHEREAS. the parties hereto hava mutually entered into an agreement for the
division of their assets, the provision for their children and for their rights and
responsibilities in and toward such children, the provision for the liabilities they owe, and
provision for the resolution of their mutual differences, after both parties have had full and
ample opportunity to consult with their respective attorneys, and the parties now wish to
have that agreement reduced to writing.
WHEREAS, the parties hereto have mutually entered into an agreement for the
division of their assets, the provision lor tho liabilities they owe, and provisiori for the
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resolution of their mutual differences, after both parties have hod full and ample
opportunity to consult with their respective attorneys, and the parties now wish to have
that agreement reduced to writing.
NOW. THEREFORE, the parties hereto, in consideration of the above recitals, the
mutually mede and to be kept promises set forth hereinafter, and for other good and'
valuable considerations, and intending to be legally bound and to legally bind their heirs,
successors, assigns. and personal representatives, do hereby covenant. promise. and agroe
as follows:
1. Legal custody of the parties' children, as that term is defined by the Joint
Custody and Grandparents Visitation Act, and expressly including the right to make
decisions regarding the child or children and their education, religious upbringing, and
health and health care. shall be shared by the parties and the parties agree to cooperate
with each other fully in making all such decisions about the children. The parties
aCknOWledge that there will be times when decisions must be made about the children and
there will be insufficient time, due to urgent circumstances, for both parents to be
consulted. in which case the parties consent to such a decision being made by either of the
parents on behelf of both of them.
2. The parties agree that, pending further mutual agreement between the parties or
the entry of en order by a court of appropriate jurisdiction, Husband shall have primary
physical custody of the parties' son, Thomas l. Hoy, Jr.. and Wife shall have primary
physical custody of the parties' daughter, Tara Leigh Hoy. Each party shall have reasonable
and liberal periods of temporary custOdy with tho child in the primary custody of the other
party and each parent shall have liberal access to the children, by telephone or otherwise.
This agreement, however. shall not set II specific schedule for p~riods of temporary
custody and each party reserves unto themselves the right to have a court of appropriate
jurisdiction set such a schedule, if necAssary, in the future.
J 3. This agreement makes no provision for the payment of child support by one
perent to the other. Each of the parties reserves unto themselves all claims to support
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from the other party for the child in their custody and all defenses to such clilims by the
other partY.
4. Wife covenants and agrees to convey to Husband, as his sole and sepilrate
property, tho roal os tate presently owned by the parties hereto as tenants by the entireties
and being known as 1377 Baltimore Road, Shippensburg, Cumberland County,
Pennsylvenla, subject, however, to all liens. encumbrances, easements, and restrictions
presently existing thereon. In furtherance of this Agreement, Wife represents that she has,
as of the data of this Agreement. executed, acknowledged. and delivered to her attorney, a
deed to said realestete, conveying the same as above described to Husband. and agrees
that said deed shell be held in escrow by her attorney pending the filing by both parties of
the consents and other documents necessary to conclude the divorce, action between the
parties, at which timo Wife's attorney shall, without further direction or authorization from
Wife, deliver the said deed to Husband's attorney or such other person as Husband may
designate, so that the deed can be recorded at or shortly before the time of entry of a final
decree in divorce.
5. In consideration of the conveyence of real estate as above described, Husband
hereby covenants and agrees to assume and pay in full the remaining balance of the
mortgage and home equity loans now existing and presently constituting liens upon and
encumbering the same premises, in eccordance with the terms and provisions of the
mortgage and home equity loan, such mortgage i1nd home equity loan being owed and
payable to Orrstown Bank, and Husband further agrees and covenants that he will
indemnify and save Wife harmless from any and all liability, expense. cost, or loss
whatsoever as a result of his non-payment of or non-performance of said mortgage and
home equity loan and their conditions.
6. The pertiea acknowledge that Husband is an owner in various real estilte and
business properties and entities. with Husband's brother. Jilmes E. Hay. Those properties
and antities are:
A. Park Lanes, a 16-lane bowling center in Shippensburg; and .
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S. Sunshine Lanes, a business entity that operates a 24-lane bowling
cen er in Waynesboro, Pennsylvania; and
C. A tract of land in Shippensburg, Pennsylvania. containing
app oXimately 3 acres and improved with a cOmmercial building; and
0_ A property at 211 North Queen Street in Shippensburg,
,
Pennsylvllnia, which is improved with seVen apartments; and
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I E. A tr~ct of land in Mainesvil/e, Pennsylvania. Containing
approximately 2 acres of ground on which a former school building and mobile
home are situate; and
F. Hay Vending Compeny, a partnership which owns vending
machines, bank aCCOunts, and the like; and
G. Various bank accounts, stocks, bonds, mUtual funds, and other
investments which represent the remaining proceeds of their sale of a former
bar and restaurant business known as .WlS'S.; and
H. Checking aCCOUnts and other deposits which they Use to Operate
and manage the properties and business entities described in this paragraph,
The parties further acknOwledge that Husband and his brother OWe Various bank loans and
other debts resulting from their ownership and operation of the above business entities and
reel estate. Wife acknowledges that information about these various assets and liabilities
has been provided to her by Husbend and his attorney and that she has the right to engage
in full, formal diSCovery to Obtain further information about the assets, and their values,
and the debts and ob/igetions, and that Wife has elected not to do so. In consideration of
the ottier payments to be made to her pursuant to this agreement, and the other assets
transferred to her pursuant to her pursuant to this agreement, Wife does hereby waive,
release, remise, and quitclaim any right. title, or interest in or to. and any claim against, the
assets Owned by Husbend and used by Husband and his brother in their various business
enterprises and real estate projects and does hereby waive the right to have further
information about them, to have tho court divide them, or to litigate her Claims against
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such assets as part of the equitable distribution provisions of tho Pennsylvania Divorce
Code. In coneideratlon therefore, Husbond does hereby agree to pay, in accordanco with
their tarms, all of the debts which encumber the various entitles and assets and any other
debts arising out of Husbsnd's ownership and operation of those assets and entities with
his brother and to indemnify ond save Wife hermless from any loss. cost, or liability which t
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may be imposed upon her as a result of his failure to pay and satisfy such obligations as
they fall or become due. '/11
7. The ~arties agree that Wife shall become the owner of the 199~ .tq\t,:J. ~
~motor vehicle. Further, Husband agrees that he shall, within fifteen (151
days of the data of this agreement, pay in full the debt or loan which encumbers the title of
the vehicle so that such encumbrance can be removed and Wife will be the owner of the
vehicle free end clear of that debt.
8. Tho parties acknowledge that Wife, during the term of the marriage. has been
employed by verious amployers, including, but not Iimitad to, the County of Cumberland,
and that, as a result of such employment, she has accrued certain retirement or pension
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benefits. Husband acknowledges that he is aware generally of those pension benefits and
he acknowledges he hOB the right to full and complete disclosure about those assets and
their value and further has the right to compel the production of information about those as
part of the pending divorce action. Being 50 aware, Husband does hereby waive. release,
remise Bnd quitclaim any lInd all claim to or interest in such retirement or pension benefits
held b Wife or owed to Wire as a result of her employment during the marriage.
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10. As part of the equitable distribution o'-;;;arital property between the partIes.
Husband ahall pay to Wife, Withi~ days of the date of this agreement, the sum of
One Hundred Eighty-Four Thousand Six Hundred ($184,600.00) Dollars. The parties
acknowledge that. to maka such payment. Husband will have to refinance the debt owed
on the marital residence and various other assets in which Husband owns an interest by
virtue of his business relationShip with his brother and the parties agree that both of them
will make, execute, aCknowledge and deliver any and all documents necessary to permit
Husband to refinanco those assets to permit him to make the payment to Wife. To the
extent that deeds, releases, or other documents ere required to enable Husband to pledge
such assets as security for loans. Wifa agraes that she will make, execute, acknowledge
and deliver such documents and cooperate fully with Husband and his attorney to provide
such documents, and to take such other actions, as are required to allow Husband to
obtain such financing.
11. The parties aCknowledge that they are aware of the income, education, income
potential, and assets and holdings of the other or have had full and ample opportunity to
become familiar with such items, Both partias acknowledge that they are able to support
and maintain themselves comfortably, without contribution from the other beyond that as
provided for in this Proparty Settlement Agreement, upon the income and assets owned by
each of them. The parties hereby accept the mutual covenants and terms of this
Agreement and the benefits and properties passed to them heraunder in lieu of any and 011
further rights to support or alimony for themself. counsel fees, and alimony pendente lite at
this timo and during any and all further or future actions of divor~e brought by either of the
parties hereto and the partias do hereby remise, release, quit claim, and relinquish forever
any and all right to support, alimony, alimony pendente lite, counsel fees and expenses
beyond those provided for harein, during the pendency of or as a result of any such
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actions, as pro Ided by tho Dlvorco Code of Pennsylvania or any other applicable statute, at
this time end a any time in the futuro.
12. ho parties 'acknowledge that each of them have had a full and ample
opportunitY to onsult with counsel of their choice regarding their claims arising out of the
marriage and divorce and that they have specifically reviewed their rights to the equitable
distribution of marital property, including rights of discovery, the right to compel a filing of
an Inventory end Appraisement, and the right to have the court review the os sots and
claims of the parties and decide them as part of the divorce action. Being aware of thoso
rights, and being aware of the merital property owned by each of the parties. the parties
hereto, in consideration of the other terms and provisions of this agreement, do hereby
waive, raleese and quitclaim any further right to have this court or any other tribunal
equitably distribute or divida their nlarital property and do heraby further waive. release and
quitclaim any and all claim against or interest in assets now currently in the possession or
held in the name of the other, it being their intention to accept the terms and provisions of
this agreement in full satisfaction of all of their claims to the marital property of the parties
and the equitable distribution of the some.
, 3. Except as herein otherwise provided, each party hereto may dispose of his or
her property in any way, and oach party hereby expressly waives nnd relinquishes any and
nil righta he or sha may now have or hereafter acquire, under the present or future laws of
any jurisdiction, to shara in the property or the estate of the other as a result of the marital
relationship, including, without limitation. the right to equitable division of marital property,
elim'ony, alimony pendente lite, and counsel fees, except as provided for otherwise in this
Agreement, dower, courtesy, statutory allowance. widow's allowance, right to toke in
intestacy, right ta take against the will of the other, and right to act as administrator or
executor of the other's estate, and each will, at the request of the other. execute,
acknowledge, and deliver any and all instruments which may be necessary or advisable to
carry into effect this mutual waiver and relinquishment of all such interests. rights, Bnd
claims.
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14. Husband rcleases his inchoate intestate rights in the ostate of Wifo and Wifo
releases hcr Inchoate Intestato rights in tho estate of Husband, and each of the parties
hereto by theso presents for himself or horself, his or her heirs. executors, administrators,
or assigns, does remise, release, quit claim, and forever discharge the other party hereto.
his or her heirs, executors, administrators. or assigns. or any of thorn. of any and all claims,
demands, damages, E1ctions, causes of action or suits of law or in aquity, of whatsoever
kind or nature, for or bccause of any matter or thing done, omitted. or suffered to be done
by such other party prior to the date hereof: except that this release sholl in no way
cxonerate or discharge either party hereto from the obligations and promises made and
imposed by reason of this sgreament and shall in no way affect any cause at action in
absolute divorce which either party may hove against the other.
15. The parties hereto mutually represent to the other than neither of them has
incurred any dabts in the nome of the other not previously disclosed or provided for in this
agreement. Each of the partiaa hereby represents to the other that neithar one of them
hove incurred or contracted for debts in the name of the other or for which the other is or
would be legelly liable from and after the date of the parties' separation. Both parties
hereto mutually agree and promise that neither will contract or otherwise incur debts in the
other's or joint names without the prior permission and consent of the other party hereto.
Both parties hereto represent and warrant to the other perty that they have not so
contracted any debts unbeknownst to the other up to the time and date of this Agreement.
16. Frpm the date of this Agreement, Husband and Wife may and shall continue to
live separate dnd apart from each other; and neither party shall compel the other to live
with him or her, nor shall either party molest or trouble the other, Neither party shall
interfere with the rights, privileges. or actions of the other. end each party shall be at
liberty to act and to do as he or she sees fit.
17. In the event that any of the provisions of this agreement are breached or
violated by either of the parties, the other party shall be entitled to enforce this agreement
by an appropriate action in low or in equity or to taka any other action to which they are
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lawfully entitled to enforce this agreement or othorwise protect their rights. In the evont
that such action Is commenced by one of the parties end the other party is found to have
breached or violated any of the terms and provisions of this agroement. the party having so
violated or breached the agreement, shall be responsible for and shall promptly pay upon
demend the reasonable attorney's fees incurred by the other party to enforce their rights
hereunder _
18. The parties acknowledge that this agreement is made in contemplation of the
conclusion bV both of them of an action in divorce which has been filed or will be filed
shortly by one of the parties hereto. Both of the psrties hereto agree that they shall,
contemporaneously with the execution of this agreement. execute and deliver to their
respective ettorney or attorneys. en Affidavit of Consent under Section 3301 (c) of the
Divorce Code. consenting to the entry of e final decree in divorce, and e Waiver of further
notice for the entry of such decree. Both parties agree that they shall accept the terms and
provisions of this agreement in full satisfaction of any claims they may have under the
Divorce Code of the Commonwealth of Pennsylvania. including, but not limited to, alimony,
alimony pendente lite, counsel fees, equitsble distribution, and the like,
19. Esch party does hereby waive. relinquish, and release any claim they have
egainst the other for bank accounts, stocks, bonds, and other and similar investment
assets which arc now owned by or in possession of the other. regardless of whether such
assets were owned by the parties jointly or separately prior to the date of this agreement.
Each party hereto does hereby waive and release any claim they may have under the laws
of the Commonwealth of Pennsylvania for the equitablo distribution or the other division of
such assets or any claim to them as marital property.
20. Both parties reprosent that they hove consulted with on attorney prior to
signing this egreement and have either reviewed this written agreement or the terms and
provisions hereof with an attorney of their choice, or hove had full and ample opportunity
to do so and chosen not to do so of their own free will. Both parties enter into this
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agreement of tholr own free will and without ony coercion or thruat from the other and
rclying upon no promises or reprcsentations except thosa cxpressly set forth herein.
21. This Agreement shall be interpreted, applied and enforced in accordance with
the laws of, and by tho courts of, the Commonwealth of Pennsylvania.
22. If for any reason whatsoever any part of this Agreement shall be declared void
or invalid, only such part shall be daemed void and In all other respects this Agrccment
shall remain valid and fully enforceable.
23. The waiver of any term, condition. clause, or provision of this Agreement shall
In no way be deemod or considered II waiver of any other tcrm, condition. clause or
provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and yeer first ebove writtan.
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COMMONWEALTH OF PENNSYLVANIA )
( 55.:
COUNTY OF CUMBERLAND I
On this, the.)J.4I:: day of &~ ,1998, before me, the undersigned officer,
personslly appearad THOMAS L. HOY known to me (or satisfactorily proven) to bo tho
person whoa8 name Is subscribed to the within instrument, and acknowledged that said
person executed same for the purposes tho rein contained.
IN WITNESS ~HEREOF, I hereunto set my hand snd official seal.
. - NOTAR\Al.lIEAI.
JOJTlfi\ L OIIWlT. NaIIry PutlIIc
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COMMONWEALTH OF PENNSYLVANIA )
( SS.:
COUNTY OF CUMBERLAND )
On this. the.,1l...c day of d~ , 1998. before me, the undersigned
officer, personally appeared DENISE J. HOY known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument, and acknowledged that said
person executed same for the purposes therein contained,
IN WITNESS WHEREOF, I hereunto set my
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DENISE J. HOY,
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION. LAW
: SW- /.;;20 CIVIL TERM
: IN DIVORCE
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Plaintiff
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THOMAS L. HOY, SR.,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take prompt action. You are warned that if you fail to do
so, the case will proceed without you and a decree in divorce or annulment may be entered
against you for any other claim or relief requested in these papers by the Plaintiff. You
may lose money or property or other rights important to you, including custody or
visitation of your children,
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available
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in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse
Square, Carlisle, Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU
SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
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Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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DENISE J. HOY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
THOMAS L. HOY, SR., : 98-620 CIVIL TERM
Defendant : IN DIVORCE
V5. : CIVIL ACTION _ LAW
ACCEPTANCE OF SERVICE
I hereby acknowledge that I am authorized to accept service on behalf
of the Defendant, Thomas L. Hoy, Sr., a certified and true copy of a NOTICE
TO DEFEND AND CLAIM RIGHTS and COMPLAINT IN DNORCE in the
above-captioned action.
DATE: 2:0 f~,~~
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525 North 12th Street
Lemoyne, PA 17043
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
DENISE J. HOY,
PlaintilT
THOMAS L. HOY, SR.,
Defendant
98-620 CIVIL TERM
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301 (C) OF THE DIVORCE CODE
I, I consent to the entry of a final decree in divorce without notice,
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted,
3, I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary ,
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMENTS
HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa, C,S, 4904
RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES,
DATE: 1-/'1 JCjq
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DENISE J. HOY,
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: IN THE COURT OF COMMON PLEAS OF
: CUMDERLANDCOUNTY, PENNSYLVANIA
: CIVIL ACTION . LAW
vs.
THOMAS L. HOY, SR"
Defendant
: 98-620 CIVIL TERM
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301 (C) OF THE DIVORCE CODE
I. I consent to the entry of a final decree in divorce without notice,
2, I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary,
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE ANp CORRECT. I UNDERSTAND THAT FALSE STATEMENTS
HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa, C,S. 4904
RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES,
DATE: ,"1/1 /91
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