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MARIO, SILVANI
PLAINTIFF
V.
DENEEN M. SIL V ANI
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
00-8864 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 5th day of January, 2001, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Dawn S. Suuday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburl(, PA 17055 on the 7th day of February ,2001, at 9:30 a.m.
for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference, Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order,
FOR THE COURT,
By: Isl
Da n S. Sunda
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Amerimms
with Disabilites Act of 1990, For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office, All arrangements
must be made at least 72 hours prior to any hearing or business before the court, You must attend the
scheduled conference or hearing,
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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LAW OFFICES
SNJ;LBAKER.
BRENNEMAN
Be SPARE
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MARK J. SIL V ANI,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO?JQ- <o'fJ(oi.f CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
v,
DENEEN M. SIL V ANI,
Defendant
ORDER
AND NOW, this day of ,2001, upon consideration of the
attached petition, it is hereby directed that the parties and their respective counsel appear
before , Esquire, the conciliator, at
, Carlisle, Pennsylvania, on the day of
,2001, at o'clock~,M, for a Pre-Hearing Custody
Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this
cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter
into a temporary order. All children age five or older may also be present at the conference,
Failure to appear at the conference may provide grounds for entry of a temporary or perman.ent
order.
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FOR THE COURT,
By:
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990, For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office, All arrangements must be made at least 72 hours prior to any hearing
or business before the court, You must attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE, IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GD TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
II
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
MARKJ, SILVANI,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO, rtO -'lFl.'f CIVIL TERM
CIVIL ACTION - LAW
: IN CUSTODY
Plaintiff
v,
DENEEN M, SIL V ANI,
Defendant
COMPLAINT FOR CUSTODY OF MINOR CHILDREN
AND NOW, comes the Plaintiff, Mark 1. Silvani, by his attorneys, Snelbaker, Brenneman
Spare, p, C., and avers the following:
1. Plaintiff is Mark J. Silvani residing at 112 C West Vine Street, Shiremanstown, Pennsyl 1
17011.
2, Defendant is Deneen M, Silvani residing at 7 Sherwood Drive, Mechanicsburg, Pennsylv 1
17055.
3, Plaintiff seeks custody of the following two minor children:
NAME
PRESENT RESIDENCE
AGE
Sarah Silvani 8/6/90
7 Sherwood Drive,
Mechanicsburg, P A 17055
10
Nathan Silvani 12/11/96
7 Sherwood Drive,
Mechanicsburg, PA 17055
4
The children were not born out of wedlock,
The children are presently in the custody of Deneen M, Silvani who resides at 7 Sherwood r
Mechanicsburg, Pennsylvania,
4, During the last five (5) years, the children have resided with the following persons at the
following addresses:
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PERSONS ADDRESS DATES
1. Deneen M, Silvani 7 Sherwood Drive January 2000*
Mechanicsburg, PA 17055 to present
2, Mark J, Silvani and 7 Sherwood Drive 1995 to
Deneen M, Silvani Mechanicsburg, P A 17055 January 2000**
(* Since January 2000, Children have been spending approximately five (5) overnights
with Father at his residence during a two-week cycle)
(**Mother left the marital home with the children for an approximately three (3) week
time period in or about December, 1999,)
The mother of the children is Deneen M, Silvani currently residing at 7 Sherwood Drive,
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Mechanicsburg, Pennsylvania.
She is married to Plaintiff,
The father of the children is Mark J, Silvani currently residing at 112 C West Vine Street,
Shiremanstown, Pennsylvania,
He is married to Defendant.
4, The relationship of Plaintiff to the children is that of father. The Plaintiff currently
resides with the following persons: none,
5, The relationship of Defendant to the children is that of mother. The Defendant
currently resides with the following persons:
NAME
RELATIONSHIP
Sarah Silvani
Nathan Silvani
Daughter
Son
LAW OFFICES
SNELBAKER.
BRENNEMAN
Be SPARE
6, Plaintiff has not participated as a party or witness, or in any other capacity, in other
litigation concerning custody of the children in this or another court,
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Plaintiff has no information of a custody proceeding concerning the children pending in a
court of this Commonwealth,
Plaintiff does not know of a person not a party to the proceeding who has physical
custody of the children or claims to have custody or visitation rights with respect to the children.
7, This is in the childrens' best interests because Father has been very involved in the care a d
nurturing of the children since birth. The Father can provide a loving and stable home environment (]
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the children, The best interest and permanent welfare of the children will be served by granting Plai t
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primary physical custody of the children,
8, Each parent whose parental rights to the children have not been terminated and the
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person who has physical custody of the children have been named as parties to this action, All
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other persons, named below, who are known to have or claim a right to custody or visitation of
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the children will be given notice of the pendency of this action and the right to intervene: None.
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WHEREFORE, Plaintiff requests this Court to grant Plaintiff primary physical custody of
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the children with liberal partial physical custody of the children with Mother.
SNELBAKER, BRENNEMAN & SPARE, p, C,
By ~~IT
44 West Main Street
Mechanicsburg, P A 17055-0318
(717) 697-8528
Attorneys for Plaintiff, Mark J. Silvani
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
Date: December 28, 2000
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LAW OFFICES
SNEL..BAKER,
BRENNEMAN
& .sPARE
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VERIFICATION
I verifY that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa, C,S, 9 4904
relating to unsworn falsification to authorities.
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Mat ilvani
Date: December 28, 2000
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MARK J. SILVANI,
Plaintiff
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IN THE CXlURT OF CXlMMON PLEAS OF
CUMBERLAND CXlUNTY, PENNSYLVANIA
.
.
.
.
vs.
: NO. 00-8864 CIVIL TERM
.
.
DENEEN M. SIL VANI,
Defendant
:
CIVIL ACTION - LAW
IN CUSTODY
.
.
OODER OF <JOURT
AND Nail, this Z 0 ~ day of rd"",a.,
consideration of the attached Custody Conciliation Report,
and directed as follows:
, 2001, upon
it is ordered
1. The parties shall submit themselves, their minor Children, and any
other individuals deemed necessary to a custody evaluation to be performed
by Stanley Schneider or other professional selected by agreement of the
parties. The purpose of the evaluation shall be to obtain independent
professional recommendations concerning ongoing custody arrangements which
will best serve the interests of the Children. The parties shall sign any
authorizations deemed necessary by the evaluator in order to obtain
additional information pertaining to the parties or the Children. All
costs of the evaluation shall be shared equally by the parties.
2. The Father, Mark J. Silvani, and the Mother, Deneen M. Silvani,
shall have shared legal custody of Sarah Silvani, born August 6, 1990, and
Nathan Silvani, born December 11, 1996. Each parent shall have an equal
right, to be eXElrcised jointly with the other parent, to make all major
non-emergency decisions affecting the Children's general well-being
including, but not limited to, all decisions regarding their health,
education and religion.
3. pending further agreement of the parties or Order of Court, the
parties shall ha~e physical custody of the Children in accordance with the
following biweekly schedule:
A. WEEK I: During the first week of every 2 week cycle, the
Father shall have custody of the Children after work on
Wednesday through Friday before school and the Mother shall
have custody at all times not otherwise specified for Father.
B. WEEK II: During the second week of every 2 week cycle, the
Father shall have custody of the Children from Wednesday after
work through Thursday morning before school and from Friday
aftElr work through the following Monday before school, and the
Mother shall have custody at all times not otherwise specified
for Father.
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C. In order to trade weekends under the alternating weekend
schedule to accomodate the Mother's schedule, the Father shall
have an additional weekend period of custody immediately
following his first regularly scheduled weekend in March,
unless the parties agree to exchange weekends earlier. The
weekend periods of custody shall alternate thereafter on an
ongoing basis.
4. Within 2 months following receipt of the evaluator's custody
recommendations, in the event the parties are not then able to establish
ongoing custody arrangements by agreement, counsel for either party may
contact the Conciliator to schedule additional proceedings.
5. This order is entered pursuant to an agreement of the parties at a
CUstody Conciliation Conference. The parties may modify the provisions of
this order by 1IRltual consent. In the absence of 1IRltual consent, the terms
of this order shall control.
BY THE COURT,
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Philip H. Spare, Esquire - Counsel for Father
Stephen J. Dzuranin, Esquire - Counsel for Mother
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MARK J. SIL VANI, : IN THE CXlURT OF OJMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
vs. . NO. 00-8864 CIVIL TERM
.
:
DENEEN M. SILVANI, : CIVIL ACTION - LAW
Defendant . IN CUSTODY
.
CUSTODY CCIiICILIATICl!i SUMMARY REPCRr
IN AC<Jt:1mANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Sarah Sil vani
Nathan Silvani
August 6, 1990
December II, 1996
Mother/Father
Mother/Father
2. A CUstOdy Conciliation Conference was held on February 8, 2001,
with the following individuals in attendance: The Father, Mark J. Silvani,
with his counsel, Philip H. Spare, Esquire, and the Mother, Deneen M.
Silvani, with her counsel, Stephen J. Dzuranin, Esquire.
3. The parties agreed to entry of an order in the form as attached,
with the exception of the Sunday overnight periods of custOdy for the
Father which is the recOImnendation of the Conciliator pending an agreement
of the parties or additional order following the custody evaluation. It
should be noted that the Mother had proposed decreasing school night
periods of overnight custOdy for the Father and the Father had proposed an
equally shared physical custOdy schedule. The temporary arrangements
recOImnended by the Conciliator reflect the schedule the parties had been
following at the time of the CUstOdy Conciliation with the addition of the
overnight Sunday periods.
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Dawn S. Sunday, Esquir
CUstody Conciliator
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OCT 0 3 2002
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MARKJ. SILVANI,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 00-8864
CIVIL TERM
DENEEN M. SILVANI,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this -+... day of Ot.k btA
, 2002, upon consideration of the
Child Custody Agreement dated the 7'h day of January, 2002, a copy of which is
attached hereto as Exhibit A and is incorporated herein by reference, the said Child
Custody Agreement is hereby approved and adopted as an ORDER OF COURT.
BY THE COURT:
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MARKJ. SILVANI,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00-8864 CIVIL TERM
DENEEN M. SIL V ANI,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
CHILD CUSTODY AGREEMENT
THIS CHILD CUSTODY AGREEMENT ("Custody Agreement") is made as of
the th day of January, 2002, by and between Deneen M. Silvani (the "Mother") and
Mark J. Silvani (the "Father"), Mother and Father are the parents of two minor
children, Sarah Silvani (born August 6, 1990 - age 11) and Nathan Silvani (born
December 11, 1996 - age 5) (the "Children"), Mother and Father hereby agree to the
following parenting plan for the custody of the said Children:
1. The parties shall have joint legal custody, as defined in 23 Pa, C,S. 9 5302,
of the minor children; legal custody being defined as the legal right to make
major decisions affecting the upbringing of the Children, including but not
limited to medical, religious and educational decisions. The parties agree to
discuss and consult with one another on these decisions with a view to
adopting a harmonious policy calculated to promoting the Children's best
interests. Both parties shall have the right to share in major parenting
decisions affecting the health, education, welfare and religious activities of
the Children.
2. Mother and Father shall share physical custody of the Children on an
alternating week basis, each week to be from Monday at approximately
7:30 a.m, until the subsequent Monday at 7:30 a.m. When there is no
school on Monday, the party receiving the Children shall be responsible
for their care. If school is cancelled because of an emergency (such as a
Exhibit A
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snow day), the transfer shall take place as soon as practical under the
circumstances and the party ending the week shall be responsible for the
Children until the transfer can occur. If the parties mutually agree, the
transfer can take place at 8:00 p.m, on the Sunday evening before the end
of a week,
3, The non-custodial parent (Le, the parent who does not have the week),
shall have the Children on Thursday evening from approximately 5:30
p.m. until 8:00 p,m, During the Father's weeks, Mother will pick up Nathan
from day care and Sarah from Father's house and will drop both Children
off at Father's house. During Mother's weeks, Father will pick up Nathan
from day care and Mother will pick up both Children from Father's house
at 8:00 p,m. The parties agree to cooperate with each other in the event
one of the parties wishes to have one-an-one time with either of the
Children on the Thursday visit. The parties agree to give as much
advance notice as possible of the desire to exercise such one-an-one
time,
4. Notwithstanding the above schedule, the following shall also apply as to
both Children:
a. Mother shall have every Mother's Day and Father shall have every
Father's Day, from 8:00 p.m. on the Saturday before the day until 8:00
p.m. on the day,
b, On each child's birthday, the non-custodial parent shall have both
children from 5:30 p,m. until 8:00 p.m.
c, The parties shall alternate the holidays of Memorial Day, Fourth of
July, Labor Day, and Easter. In 2002 and all even numbered years,
Mother will have Memorial Day and Labor Day and Father will have
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Fourth of July and Easter. In 2003 and all odd numbered years, Father
will have Memorial Day and Labor Day and Mother will have Fourth of
July and Easter. The holidays shall be from 6:00 p.m. on the evening
prior to the holiday until 6:00 p.m. on the day of the holiday.
d. The Thanksgiving holiday will be divided into two parts: Part A will
consist of from 6:00 p.m. on the day before Thanksgiving until 6:00
p,m. on the day of Thanksgiving and Part B will consist of from 6:00
p.m. on the day of Thanksgiving until 6:00 p.m. on the day after
Thanksgiving. Father will have Part A and Mother will have Part B in
2002 and all even numbered years and Mother will have Part A and
Father will have Part B in 2003 and all odd numbered years,
e, The Christmas holiday will be divided into two parts: Part A will consist
of from 2:00 p.m, on December 24 until 2:00 p,m. on Christmas Day
and Part B will consist of from 2:00 p,m, on Christmas Day until 5:30
on December 26. Mother will have Part B and Father will have Part A
in 2002 and all even numbered years and Father will have Part Band
Mother will have Part A in 2003 and all odd numbered years,
f. The New Year's holiday will be divided into two parts: Part A will
consist of from 2:00 p.m, on December 31 until 2:00 p.m, on January 1
and Part B will consist of from 2:00 p.m. on January 1 until noon on
January 2, Mother will have Part A and Father will have Part B in
2002/2003 and Father will have Part A and Mother will have Part B in
2003/2004 and the parties will alternate thereafter.
Either party may elect to have a vacation week during that party's normal
week (thereby eliminating the Thursday evening visit, provided that the
electing party notifies the other party at least thirty (30) days in advance
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and that each party shall have the option no more than three (3) times in a
calendar year. In no event shall either party make such election if such
will interfere with a holiday schedule set forth herein,
5. The parties agree that if either party moves from the Mechanicsburg area to
either the Halifax, Pennsylvania area or to not more than 20 miles or one-half
(1/2) hour of average drive time, whichever is greater, from their present
residence, such move shall not constitute a relocation for child custody
purposes and shall not otherwise interfere with the above schedule except as
follows:
a. The party moving shall provide at least thirty (30) days advance notice
of the move and shall provide the other party of the moving party's new
address and home telephone number.
b. Provided that at least one of the parties continues to reside in the
Mechanicsburg Area School District, the Children shall attend that
school district. This provision shall not apply if both parties move from
the said school district and the Children attend school in another
school district.
c. If either party moves outside the boundaries of the Mechanicsburg
Area School District, the moving party shall be responsible for
transportation to and from school and to and from all other activities
during the moving party's custodial week and for transportation to the
non-custodial parent's home (or other mutually agreeable location) for
the Thursday custody set forth in paragraph 3 hereof.
6, Except as otherwise specifically set forth herein, the party responsible for
receiving the Children shall provide the transportation.
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7. The parties agree that the holiday and Mother's Day/Father's Day schedule
will supercede the weekly and/or Thursday evening schedule and that the
regular weekly schedule will resume (but otherwise be unaffected thereby)
thereafter.
8, Each parent is entitled to receive information concerning the Children directly
from schools, health care providers, or other relevant sources.
9. Each parent shall encourage the Children to comply with the parenting
agreement and shall attempt to foster in the Children a positive view of the
other parent.
10, Each parent shall keep the other parent informed with an address and
telephone number at which the Children will be while in their custody. Each
parent shall be entitled to reasonable telephone contact with the Children
while the Children are in the custody of the other parent.
11, The parties may decide different time arrangements other than those
provided for in the Custody Agreement and make decisions for the Children
whenever they mutually agree to do so. Nothing in this Custody Agreement is
understood to limit or restrict the ability of the parties to mutually agree on
alternative parenting arrangements. If for any reason the parties cannot
agree, the terms of this Custody Agreement will be followed,
12, During any period of custody or visitation, the parties shall not possess or use
any controlled substance, nor shall they consume alcoholic beverages to the
point of intoxication, or subject the child to any unlawful activities, The parties
shall use their best efforts to assure that other household members and/or
houseguests comply with this prohibition.
13. The parties further agree to, and do hereby submit to the jurisdiction of the
courts of the Commonwealth of Pennsylvania for purposes of the instant
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matter, and that the Commonwealth of Pennsylvania shall be the "home
state" of the child for all purposes.
14. The parties agree that this Stipulation shall be made an Order of the Court.
IN WITNESS WHEREOF, and INTENDING TO BE LEGALLY BOUND hereby,
Mother and Father have executed this Custody Agreement as of the day and year first
above written.
WITNESS:
MOTHER:
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WITNESS:
FATHER:
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Ok,>(:>tii N
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On this, the q day of ~ ~"l:l..v- 2002, before me, a Notary Public,
the undersigned officer, personally appeared Deneen M, Silvani, known to me (or
satisfactorily proven) to be the person whose name is signed to the foregoing
instrument and acknowledged that she executed the same for the purposes therein
expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
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ary Pu IC
My Commission Expires:
(SEAL)
NoIlIrial Seal
Denlae B WIlHamson. Notary Public
HarrtsbU!ll. DaupIlln county.
MV Commls8lOn ExpIres May 1, 2004
MtmllII, l'InnaylvanIal\8llOCl8llOllClNallullie
COMMONWEALTH OF PENNSYLVANIA
SS,:
COUNTY OF
On this, the t).rJfh. day of Stjr~k~002, before me, a Notary Public,
the undersigned officer, personally appear d Mark J. Silvani, known to me (or
satisfactorily proven) to be the person whose name is signed to the foregoing
instrument and acknowledged that he executed the same for the purposes therein
expressed,
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
L- f, .~
Notary Public \ .
My Commission Expires:
(SEAL)
Notartal Seal Public
Busaft L Zych. ~iand County
~Boro,vun_ ^"~
~ Commls8lOll Explre8 Nov, 24, """"
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