HomeMy WebLinkAbout01-03523
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
IIIDY 4 HOGAN
,
Plaintiff
VERSUS
ROBERT HOGAN,
Defendant
AND NOW,
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PENNA.
NO.
2001-~523
DECREE IN
DIVORCE
t
~ }, I~ IS ORDERED AND
DECREED THAT
JUDY A. HOGAN
, PLAINTIFF,
AND
ROBERT HOGAN
, DEFENDANT,
ARE DIVORCEQ FROM THE SONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BE:EN RAI.SED OF RECqRD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET ElEEN ENTERED;
NONE.
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PROTHONOTARY
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JUDY A. HOGAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-3523 CIVIL TERM
ROBERT HOGAN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a
divorce decree:
1. Ground for divorce: irretrievable breakdown under !l3301(c) 3381(~ of the Divorce
Code. (Strike out inapplicable section).
,
2. Date and manner of service of the Complaint. Service was made on August 18, 2001
by Acceptance of Service affidavit signed by Defendant, Robert Hogan.
3. (Complete either paragraph (a), or (b).)
(a) Date of execution of the Affidavit of Consent required by !l3301(c) of the Divorce
Code: by the Plaintiff: March 8, 2003; by the Defendant: March 17,2003.
(b) (I) Date of execution of the Plaintiffs Affidavit required by !l3301(d) of the Divorce
Code:
(2) Date of servIce of the Plaintiff's Affidavit upon the Defendant:
4. Related claims pending: none
5. (Complete either (a) or (b);
(a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit
Record, and a copy of which is attached:
(b) Date of execution of the Waiver of Notice of Intention to File Divorce Decree as
required by !l 3301(c) of the Divorce Code: by the Plaintiff: March 8, 2003; by the Defendant:
March 17,2003. _-'-.
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Date: March31,2003
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Attorney for Defendant
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JUDY A. HOGAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION LAW
No. 01- '3$.;(3
ROBERT HOGAN, JR.,
Defendant
IN DIVORCE
NOTICE
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 may
proceed without you and a decree of divorce or annulment may be entered against you by the court.
A judgment may also 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 in the Office of the
Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
Phone: (717) 249-3166
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JUDY A. HOGAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CNIL ACTION LAW
No.OI. 3523 Cuu -J.v--
ROBERT HOGAN, JR.,
Defendant
IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) or 3301(d)
OF THE DIVORCE CODE
1. Plaintiff is Judy A. Hogan, who currently resides at 1563 Falling Spring Road, Franklin
County, Pennsylvania, since 2000.
2. Defendant is Robert Hogan, Jr., who currently resides at 1070 Roxbury Road, Cumberland
County, Pennsylvania, since 1995.
3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at
least six months immediately previous to filing of this Complaint.
4. Plaintiff and Defendant were married in November, 1978, in Hagerstown, Maryland.
5. There have been no prior actions of divorce or for annulment between the parties hereto in
this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right
to request that the Court require the parties to participate in counseling.
8. Plaintiff requests the Court to enter a Decree in Divorce.
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COUNT II: REOUEST FOR EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER SECTION 3502 Cd) OF THE DOMESTIC RELATIONS CODE
9. The prior paragraphs of this Complaint are incorporated by reference.
10. Plaintiff and Defendant have acquired property, both real and personal, during their
marriage.
11. Plaintiff and Defendant have been unable to agree to an equitable distribution of said
property.
WHEREFORE, Plaintiff respectfully requests the Court to enter an Order equitably
distributing the parties marital property pursuant to Section 3502 (d) of the Divorce Code
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I verifY that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. !i 4904, relating to unsworn
falsification to authorities.
Date:
&- 0 y, 6/
Yk{ t1 I~ V-
Judy . Hogan, Pl~tiff
....~
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By:
Karl E. Rominger, Esquire
Attorney for Plaintiff
155 South Hanover Street
Carlisle, P A 17013
(717) 241-6070
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JUDY A. HOGAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
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A complaint in divorce under S3301(c) of the Divorce Code was filef/Jn J.U.ne ~
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: NO. 01-3523 CIVIL TERM
ROBERT HOGAN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1.
2001.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree of Divorce after service of notice of
intention to request entry of the Decree.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. S 4909 relating to unsworn
falsification to authorities.
Date: .3- {-oj
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER ~3301(c) OF THE DIVORCE CODE
1. 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 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 this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. S 4909 relating to unsworn
falsification to authorities.
Date: j - J - 0 ~
MAR 1 0 lOr3
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JUDY A. HOGAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-3523 CIVIL TERM
ROBERT HOGAN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under S3301(c) of the Divorce Code was filed on June 7,
2001.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree of Divorce after service of notice of
intention to request entry of the Decree.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the pe es 0 Pa.C.s. S 49 9 relating to unsworn
falsification to authorities.
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
DECREE UNDER ~3301(c) OF THE DIVORCE CODE
Date: MAR J ': 2003
1. 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 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 this affidavit are true and correct. I understand that
false statements herein are made subject to the penal' f 18 Pa.C.S. S 09 relating to unsworn
falsification to authorities.
Date:
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JUDY A. HOGAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO. 2001-3523
CIVIL TERM
ROBERT HOGAN, JR.,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion
of the Pa..'iicipant's benefits under the hlgerso!l-Rand Company Defined Contribution PI~n(s) as
stated in the Section (l) below and and is entered pursuant to the authority granted under the
applicable domestic relations laws or community property laws ofthe Commonwealth of
Pennsylvania.
This Order relates to the provisions of: (please check appropriate box)
o Child Support
o Alimony Payments
!El Marital Property Rights
Section (1) - Plane Name(s)
The Name of the Plan(s) to which this Order applies is/are:
!El Savings & Stock Investment Plan (SSIP)
Section (2) - Participant Information
Plan Paitbip:::!"!
Robert 1. Hogan, Jr.
Name
03/27/46
Date of Birth
215-46-4418
Social Security Number
1070 Roxbury Road
Newburg, P A 17240
Mailing Address (street. city, state, and zip code)
Telephone Number (optional)
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Section (3) Alternate Payee Information
Alternate Payee
Judv A. HOll:an
Name
June 15. 1948
Date of Birth
212-50-9469
Social Security Number
5368 Philadelohia Avenue
Chambersburg, PA 17201
Mailing Address (street, city, state, and zip code)
Telephone Number (optional)
has an interest in the Participant's vested balance under the Planes) as named in Section (1) of
this Order.
An "Alternate Payee" as defmed by Internal Revenue Code Section 414(p)(8) is a spouse, former
spouse, child or other dependent of the Participant.
NOTE:The Alternate Payee shall be responsible to notifY the Plan Administrator in writing of
any changes in his or her mailing address subsequent to the entry of this Order.
Section (4) - Amount Assigned to the Alternate Payee
Provide a specific amount OR percentage to be assigned to the Alternate Payee from each
designated Plan
o Specific Amount of $
OR
!El 50% (fifty percent) of the vested account balance as of December 21. 2001 (Allocation
Date) .
NOTE: The amount specified above is subject to the value of the account and in no event may be greater
than the amount otherwise held for the benefit of the Participant under the Plan(s). Vnless otherwise stated,
the Plan balance to which this Order applies will be the Participant's otherwise held Plan balance minus the
value of any outstanding loan balances.
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Section (5)
- Commencement of Benefits
Upon receipt of this properly completed Qualified Domestic Relations Order, the Alternate
Payee's assigned benefit will be processed as soon as practical following the 30 day appeal
period or upon receipt of a properly completed Waiver of Appeal form. The Alternate Payee
will be contacted by the Plan Administrator for specific information required to set up a separate
account and to provide information regarding the distribution options, Upon receipt of the
required information from the Alternate Payee, the record keeper will establish a separate
account for the Alternate Payee's exclusive benefit.
Section (6) . Understandings & Conditions
I, Change in Plan-Sponsor-Changes in Plan Sponsor, Plan Administrator or Plan Name shall not affect this
Order.
2. Death of the Alternate Payee-In the event of the Alternate Payee's death prior to the distribution of the
assigned benefit, the amount assigned will be paid out to his/her estate.
3, Name and Address-The Participant and the Alternate Payee must advise the Plan Administrator of any
changes in the mailing addressees) or legal name(s) as previously set forth in this Order.
4. Notice of Prior Order-By the submission of this Domestic Relations Order, the interested parties in this
Order certify that they are not aware of any prior Orders which purport to dispose of the benefits described
herein, Should a prior Order exist, it is the responsibility of the interested parties to advise the Pan
Administrator prior to the Plan Administrator's determination of the "qualified status" of this Order.
5" Qualified Domestic Relations Order-This Order is interned to fulfill the requirement of a Qualified
Domestic Relations Order pursuant to Section 4l4(p) of the Internal Revenue Code, and as such, this Order
is not intended to require the Ingersoll-Rand Company Defined Contribution Plan(s) to provide any
increased payments over those due the Participant under the Plan.
6. Tax Basis-The tax basis of the distribution to the Alternate Payee must be on a pro-rata basis pursuant to
Internal Revenus Code Section 72(m)(10).
7. Terms-The terms used in this Order shall have the same meaning as in the Ingersoll-Rand Company Plan
Docwnent(s) tc which it applies.
8. Valuation-Accounts are valued on a daily basis, The Alternate Payee's assigned portion will be taken
proportionately from all available funds in which the Participant has a vested account balance.
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IT IS SO ORDERED, this 2. '5" day of
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Signature
Date:
/0 - :3 1- O;;L
Date:
NO" 1 0 2002
Print Name and Mailing Address
Thomas S. Diehl. Esquire
One West High Street. Suite 208
P,O. Box 1290
Carlisle, PA 17013
(717) 240-0833
Telephone Number
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Alternate Payee-
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Date:
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Attorney for Alternate Payee
Signature
Date:
Print Name and Mailing Address
Telephone Number
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WAIVER OF RIGHT TO COUNSEL
I, Judy A. Hogan, have been advised by Thomas S. Diehl, Esquire, that he
is the attorney representing my husband, Robert J. Hogan, Jr., in the matters of
our separation, property settlement, divorce and all issues surrounding these. I
have bee advised by Attorney Diehl that he cannot and will not represent me in
any of these matters.
I have been advised that it might be in my best interest to hire my own
attorney and to have an attorney of my choosing review any documents before I
sign them,
Should I proceed without counsel to represent me, I do so voluntarily and
with knowledge of my rights.
Date:
It) -41-0;:'
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Jugy A. H~gan
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Cumberland County Prothonotary's Office
Civil Case Inquiry
2001-03523 HOGAN JUDY A (VS) HOGAN ROBERT JR
PYS510
Page
1
Reference No. . :
Case Type.....: COMPLAINT - DIVORCE
Judgment. . . . . , .00
JVdge Assigned:
Dlsposed Desc. :
------------ Case Comments -------------
Filed........:
Time..,...... :
Execution Date
Jury Trial. . , .
Disposed Date.
Higher Crt 1.:
Higher Crt 2.:
6/07/2001
1:58
0/00/0000
0/00/0000
********************************************************************************
General Index Attorney Info
PLAINTIFF
ROMINGER KARL E
HOGAN JUDY A
1563 FALLING SPRING ROAD
CHAMBERSBURG PA 17201
HOGAN ROBERT JR
1070 ROXBURY ROAD
NEWBURG PA 17240
Zu.v ~ ~ ~ flr'I"JJ/
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DEFENDANT
********************************************************************************
* Date Entries *
********************************************************************************
6/07/2001
n/25/2002
3/17/2003
3/17/2003
3/17/2003
3/17/2003
4/09/2003
6/23/2003
- - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - -
COMPLAINT - DIVORCE - 1 ADDL COUNT - EQUITABLE DISTRIBUTION
-----------------------------------------------~-------------------
QUALIFIED DOMESTIC RELATIONS ORDER - DATED 11/25/02 - BY THE COURT
EDGAR B BAYLEY J COPIES MAILED
AFFIDAVIT OF CONSENT - DEFENDANT
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DECREE-DEFT
AFFIDAVIT OF CONSENT - PLAINTIFF
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DECREE-PLFF
-------------------------------------------------------------------
ACCEPTANCE OF SERVICE FOR COMPLAINT IN DIVORCE - BY ROBERT HOGAN
JR DEFT
-------------------------------------------------------------------
PRAECIPE TO TRANSMIT RECORD
- - - - - - - - - - - - - - LAST ENTRY
********************************************************************************
* Escrow Information *
* Fees & Debits Beq Bal Pvmts/Adi End Bal *
*****************************************~**************************************
DIVORCE
TAX. ON CMPLT
SETTLEMENT
MASTER'S FEE
DIV PA SURCHG
JCP FEE
ADD'L COUNTS
JCP FEE
35.00
.50
5.00
125.00
10.00
5.00
10.00
5.00
35.00
.50
5.00
125.00
10.00
5.00
10.00
5.00
.00
.00
.00
.00
.00
.00
.00
,00
195.50
195.50
.00
********************************************************************************
* End of Case Information *
********************************************************************************
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JUDY A, HOGAN,
Plaintiff
: IN THE COURT OF COMMON PlEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2001-3523
CIVIL TERM
ROBERT HOGAN, JR.,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ACCEPTANCE OF SERVICE
I, Robert Hogan, Jr., Defendant in the above-captioned matter, hereby accept service of
the Complaint in Divorce in full satisfaction of the Pennsylvania Rules of Civil Procedure.
DATE:August 18, 2001
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