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HomeMy WebLinkAbout04-0202CYNTHIA L. MARCHIANO, Plaintiff VS. VITTORIO G. MARCHIANO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. (~- ~-O~ CIVIL TERM : : IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT SAIDIS SItUFF, FLOWER & LINDSAY 26 W. High Street THIS AGREEMENT made th,s ~ day of ~~ , 2004, t BETWEEN CYNTHIA L. MARCHIANO, of 25 High Stree, oi ing Springs, Cumberland County, Pennsylvania, hereinafter referred to as Wife, AND VITTORIO G. MARCHIANO, of 52 East Penn, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECITALS: R.I: The parties hereto are husband and wife, having been joined in marriage on, September 2, 2003, in Sicily, Carini; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County Commonwealth of Pennsylvania, to Number 04-202, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of ali matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. NOW THEREFORE, in consideration of the covenants and promises SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fau~t divorce decree in the above-captioned divorce action, and will execute and file the necessary documents to finalize the divorce after the expiration of ninety (90) days of the service of the Complaint and the moving party shall move for the entry of the divorce decree at that time. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as ;>5 High Street, Boiling Springs, Cumberland County, Pennsylvania. Husband agrees within thirty (30) days of the date of this agreement to convey the real estate by special warranty deed to wife. Wife shall pay for all household expenses including, but not limited to, SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, wife hereby shall hold husband harmless and indemnify him from any loss thereon. (4) DEBT: A. MARITAL DEBT: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: 1: Mortgage on the marital home to Chase. Wife shall pay the obligations to the Chase Mortgage by making timely monthly payments. Wife shall pay the obligations to Citi Platinum Card by making timely monthly payments in at least the minimum amount required by the creditors until paid in full. 2: Husband shall pay, in consideration of his transferring of the pre-marital loan balance to wife's account, a weekly payment of $250.00 for 24 (twenty-four) weeks directly to Citi Platinum for a total of $6,000.00. Payments shall commence on February 1,2004. Each party shall pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on December 10, 2003, the party who 3 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Slreet Carlisle, PA incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (6) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (7) ALIMONY: WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. Notwithstanding the above, in the event that husband fails to make the $250,00 per week payment set out in paragraph 4 for any week until $6,000.00 is paid in full, that obligation shall convert to an obligation in alimony enforceable through the Office of the Domestic Relations by wage attachment. (8) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel, husband is un-represented and, has been advised that he may be represented by counsel of choice. Wife is represented by Carol J. Lindsay. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for ail legal services rendered or to be rendered on his or her behalf. (9) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to SAIDIS SHUFF, FLOWER & LINDSAY 26 W~ High Street Carlisle, PA time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (10) INCOME TAX: A: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B: Wife agrees, upon the request of Husband, to join in the filing of a 2003 joint federal, Pennsylvania income tax returns. If husband asks wife to file a joint return, he shall pay any tax, which remains due to the federal government. In the event that refund is owed the parties will equally divide the refund. Husband will bear the expense of preparing all joint tax returns. (11) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the SAIDIS SHUFF, FLOWER & L1NDSAY other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. Specifically, husband's obligation to pay $250.00 per week to wife pursuant to paragraph 4 this agreement is in the nature of spousal support and is not dischargeable in bankruptcy. (12) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (13) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (14) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between SAID1S SHUFF, FLOWER & LINDSAY 26 ~t. High Street Carlisle, PA the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce, (15) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all dghts or claims: (1) to take against the other's will; (2) under the laws of intestacy; 8 SAIDIS SEIUFF, FLOWER & LINDSAY 26 W. High Sireet Carlisle, PA and (3) to a family exemption or similar allowance; (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, ~iabilities and obligations adsing under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (16) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (17) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof, (18) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party, in the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (19) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (20) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: lO CYNTHIA L. MARCHIANO, Plaintiff vs. VITTORIO G. MARCHIANO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 04 °202 CIVIL TERM : : IN DIVORCE SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA DEFENDANT'S AFFIDAVIT OF CONSENT UNDER ~3301('c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed January 15, 2004. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in 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 te the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, 4904 relating to unsworn falsification to authorities. Vittorio G. Marchiano DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 6 3301 ¢c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice, 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. 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. ! verify that the statements made in this ~,ffidavit 2re truc and cor~'ect tc the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities Vittorio G. Marchiano CYNTHIA L. MARCHIANO, Plaintiff VS. VITTORIO G. MARCHIANO, Defendant : IN THE COURT OF COMMON PLEAS OF : CI~MBERLAND COUNTY, PENNSYLVANIA : : CML ACTION - LAW : NO. 04-202 CIVIL TERM : : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the coud for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) 3301(d)(I) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Defendant was served via Acceptance of Service signed by Vittorio G. Marchiano on January 22, 2004 and filed with Prothonotary on February 9, 2004. (copy enclosed) 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff May 12, 2004; by the Defendant May 31, 2004. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Related claims pending: None' Resolved by Marital Property Settlement and Separation Agreement dated February 2 2004 Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: May 19, 2004. Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: June ~ , 2,004. ~,~ .~ Supreme Cob,.d ID ~693 SaidJs, Shuff, FToW~er & Lindsay 26 West High Street Carlisle PA 17013 Phone: 717.243.6222 Attorney for Plaintiff IN THE COURT OF COMMON CYNTHIA Lc ~RCHIANO OFCUMBERLAND COUNTY STATE OF ~~ PENNA. Plaintiff NO. 04-202 VERSUS VITTO~O G. MARCHIANO Defendant DECREE IN DIVORCE PLEAS AND NOW, DECREED THAT Cynthia L. Marchiano AN D Vittorio G. Marchiano ARE DIVORCED FROM THE BONDS OF MATRIMONY. , 2~'~, it ~s ORDERED AND , PLAINTIFF, , DEFENDANT, 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; NONE: The terms of the marital settlement agreement of February 2, 2004 are incorporated but not merged into the Decree in Divorce. BY THE ATTE~ PROTHONOTARY' CYNTHIA L. MARCHIANO, Plaintiff VS. VH-DORIO G. MARCHIANO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 0 ~1~- c~. f--)o~ CIVIL TERM . : 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, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High S~eet Carlisle, PA SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: ~J~~q uire 26 West High Street Carlisle, PA 17013 (717) 243-6222 CYNTHIA L. MARCHIANO, Plaintiff VS. VITTORIO G. MARCHIANO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. O/.~ - ~oj. CIVIL TERM IN DIVORCE COMPLAINT SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA CYNTHIA MARCHIANO, Plaintiff, by her attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is CYNTHIA MARCHIANO, who currently resides at 25 High Street, Boiling Springs, Cumberland County, Pennsylvania, where she has resided since July 2003. 2. The Defendant is VlTTORIO G. MARCHIANO, who currently resides at 52 East Penn, Carlisle, Cumberland County, Pennsylvania, where he has resided since December I 0w, 2003. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 2, 2003 in Carini, Sicily. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. Date: SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: C Esquire ID # 44693 26 West High~'~reet Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. Cynthia Marchiano Date: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA JAN ! ~ ~ CYNTHIA L. MARCHIANO, Plaintiff VS. VlTFORIO G. MARCHIANO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : .o. oF- ,.;0~cIviL ~ERM : : IN DIVORCE ACCEPTANCE OF SERVlCF I, VITTORIO G. MARCHIANO, Defendant above, accept service of the Complaint in Divorce in the above captioned matter. Date Vittorio G. Marchiano SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA CYNTHIA L. MARCHIANO, Plaintiff vs. vfn'ORIO G. MARCHIANO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 04 -202 CIVILTERM : : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER ~3301(c) OF THE DIVORCE CODE AND WAIVER OF COUN-~;ELING A Complaint in Divorce under {}3301 (c) of the, Divorce Code was filed January 15, 2004November 19, 2003. The marriage of plaintiff snd defendant i~ irretrievably broken and ninety days have elao~ed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. 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: ~'~- ~ ""'b "O ~ ~4.~,~ 1 ~/~(~ ~=~ ~'-C~ Cyn t liaV[~ 'M':4rchian~, 01aCntiff PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 lc) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. I understand that I may lose rights concerning alimany, division of property, lawyer's fees or expenses if I do not claim them before a divorce is 9ranted. 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 this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities Cynt~i~ L. Marohiano, Plaintiff © IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : File No. Defendant : Plaintiff Vs IN DIVORCE NOTICE TO RESUME PRIOR SU~LNAME Notice is hereby given that the Plaintiff/defendant in thc: above matter, [select one by marking "x"] __ prior to the entry of a Final Decree in Divorce, or /'-. after the entry of a Final Decree in Divorce dated '-J o~e q ~ 0l~ hereby elects to resume the prior surname of ~ ~-~ ~._~<; , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. /' ' signature gnature olname oeing resumea COUNTyCOMMONWF-~tLTHoF~~Z~t~;~OF PENNSY,~LVANIA ) Onthek~/- /"/ 'a ' // - L/~ day of ~ff)(0~''~ , 2004, before, me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. ,,. ,cI CLAUD?A ~REWBAKER, NOIARYPUBL | Car,i~le Bo~'o Cumberland County ~ My ~ommisSio'n Expires April 4, 2005 ] Prothonotary or Notary Public