HomeMy WebLinkAbout12-3355PENNSYLVANIA:
-4? I a • 3355 01 Vi 1
IN THE CIRCUIT COURT FOR CUMBERLAND COUNTY
StellarOne Bank, ? -
a Virginia corporation,
Plaintiff,
c-
:J, r ?
-=
V. ?
_ r
P.P.J.C., L.C., et aL,
Defendants.
AFFIDAVIT IN SUPPORT OF RECORDING FOREIGN
JUDGMENT PURSUANT TO TITLE 42, SECTION 4306(C)(1)
OF THE PENNSYLVANIA CONSOLIDATED STATUTES
COMMONWEALTH OF VIRGINIA,
CITY OF RICHMOND:
Before me this day came Jennifer M. McLemore, who first being duly sworn,
stated as follows:
1. My name is Jennifer M. McLemore. I am a member of the Virginia State
Bar. My bar number is 47164. I am a partner at the firm of Christian & Barton, L.L.P., a
Richmond, Virginia, law firm. I have personal knowledge of the facts in this Affidavit.
2. I make this Affidavit in support of the request by StellarOne Bank, a
Virginia corporation, to record a foreign judgment in the form of an Agreed Final Order and
Judgment entered by the Circuit Court for the City of Richmond of the Commonwealth of
Virginia on April 2, 2012.
3. The name of the judgment debtor is James Estill Cornett, III.
Mr. Cornett's social security number is 227-88-8341
Mr. Cornett's last known address
01 "'? t'-?;' ' ("I a
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is 542 Lucinda Lane, Mechanicsburg, Pennsylvania 17055. His last known business
address is 2120 Staples Mill Road, Suite 300, Richmond, Virginia 23230.
4. Mr. Cornett has property located in Cumberland County, Pennsylvania at
the following address: 542 Lucinda Lane, Mechanicsburg, Pennsylvania 17055.
5. The address of the judgment creditor herein is StellarOne Bank, a Virginia
corporation, 3900 Westerre Parkway, Suite 203, Richmond, Virginia 23233.
6. The April 2, 2012 judgment entered in the above-captioned matter by the
Circuit Court for the City of Richmond, Virginia is valid, enforceable, and unsatisfied.
MC / -
Jenmf M. McLemore
Christian & Barton, L.L.P.
909 East Main Street, Suite 1200
Richmond, Virginia 23219
Subscribed and sworn to before me, a Notary Public in and for the
Commonwealth of Virginia, on this 25th day of May, 2012.
i
tary Public
My commission expires: ,C/
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. COMfiIn SS10N
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363282
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1276?$9r?111
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CERTIFICATION OF OFFICIAL RECORD case No........ CL11 -3553
RICHMOND CIRCUIT COURT.........._ ..................................................................................Virginia.
Clerk's Attestation
I, rh,- Cleric of rhk Court_ attest that the annexed
Certification of an Agreed Final Order and Judgment entered by
the court 4/2/12.
STELLARONE BANK VS P.P.J.C., L.C., ET AL
-.1.1 --- nDv
una%,r Ir t tun yr .?•-
is an official record of this Court in my custody.
is a true, correct and complete copy of an official record of this Court in my custody and I am the
custodian of that record. The annexed copy has been examined and compared with the original.
Given under my hand the seal of this Court on
?.01.2 ............. -
EPUTY CLERK X CLERK _ - -
BEVILL M. DEAN
tJa __ .....N
............................................................. . . ..
TYPED NAME OF CLERK - ' _33 ` a
rv-f CD
Judge's Certification
I, (a) (the) Judge of this Court, certify that the above attestation of the duly qualified Clerk of this Court,
is in proper form, and that the signature thereto is genuine.
April 20, 201 2 , Judge
DATE.....
Beverly Snukals
..............................................................................................
TYPED NAME OF JUDGE
Clerks of Virginia Courts: When an original record or copy of a record is transmrttea to anotner
Virginia court, only the clerk's attestation is required. When either an original record or copy is
transmitted to a court outside Virginia, both the clerk's attestation and the judge's certification are
required.
Clerks of Other Courts: The above attestation, the affixing of the court's seal, and the certificate meet
the requirements of 28 U.S.C. § 1738, entitling the record so attested and certified to full faith and credit.
FORM CC-1030 PDF (MASTER) 6106
Va. Code §§ 8.01-389 & 8.01 -391;
U. S. Const.'an. IV, Sec. 1;
28 U.S.C. § 1738
V
1
VIRGINIA:
RC REIV T C0 -
bPR 0 2 2012 <g,
IN THE CIRCUIT COURT FOR THE CITY OF RICHMO av,
John Marshall Court Building
Stell4rOne Bank,
a Virginia corporation,
Plaintiff,
V.
P.P.J.C., L.C., et al.,
Defendants.
Case No. CLII-3553-00
AGREED FINAL ORDER AND JUDGMENT
This cause arises out of a promissory note dated August 8, 2008 given by P.P.J.C.;
L.C. ("PPJC") payable to the order of Plaintiff, StellarOne Bank, a Virginia corporation
("Plaintiff'), the repayment of which was secured, in part, by guaranties executed by J.
Philip Cornett, Pamela Hoag, James E. Cornett, III, and Cynthia Edwards (collectively,
the "Guarantors") (PPJC and the Guarantors are collectively referred to as the
"Defendants"). Upon the motion of the parties, by their respective counsel, this Court
rubs as follows:
(1) that Plaintiff shall have a judgment for money, and judgment is hereby
ENTERED in the principal amount of $570,751.03, plus attorneys' fees and costs in the
amount of $45,085.00, for a total of $615,836.03, jointly and severally, against PPJC, J.
Philip Cornett, Pamela Hoag, James E. Cornett, III, and Cynthia Edwards; and
(2) that in addition to the amount set forth in paragraph (1) above that is
jointly and severally due by Defendants, the Plaintiff shall have a separate judgment for
L
money, and judgment is hereby ENTERED in the principal amount of $100,000.00 solely
against PPJC; and
(3) that post judgment interest on the principal sums awarded in paragraphs
(1) abd (2) above shall accrue from the date of this judgment at the judgment rate until
paid.
It is so ORDERED.
There being nothing further, this matter is stricken from the docket. The Clerk
shall send a certified copy of this Order to all counsel of record.
ENTER: ?-/ / a /2012
.ti
ba?ff& L ,_ B o 71177)
R. Gaines Tavern r ( B No. 16086)
CHAISTIAN & BARTON, L.L.P.
909 East Main Street, Suite 1200
Richmond, Virginia 23219-3095
Tel.: (804) 697-4100
Fax: (804) 697-4112
Counsel for Plaintiff
#1239822
ircuit iourt dge
J,, e
Tea-a.7 BE ILL iii. J CLERX
SEENMLNID AGuwAGn1 D. C.
Rex L. Edwards, J . SB No. 31212)
Davies, Barrell, Will, ellyn
& Edwards, PLC
122 West Cameron St.
Culpeper, Virginia 22701
Tel.: (540) 825-6000
Fax: (540) 825-1989
Counsel for Defendants
2
PENNSYLVANIA:
IN THE CIRCUIT COURT FOR CUMBERLAND COOtr-V -? - ,'' '.
StellarOne Bank,
a Virginia corporation,
Plaintiff,
V.
P.P.J.C., L.C., et aL,
Defendants.
Case No. 2012-03355
NOTICE OF FILING OF JUDGMENT AND CERTIFICATE OF MAILING
Pursuant to Title 42, Section 4306(c)(2) of the Pennsylvania Consolidated
Statutes, I hereby give notice that I, Jennifer M. McLemore, as counsel to StellarOne
Bank, a Virginia Corporation and Judgment Creditor, mailed on this day by Regular
United States Postal Service a copy of this document and the Agreed Final Order and
Judgment entered on April 2, 2012 by the Circuit Court for the City of Richmond
(attached hereto) (the "Judgment") to James Estill Cornett, III, the judgment debtor, at the
following addresses: 542 Lucinda Lane, Mechanicsburg, Pennsylvania 17055 and 2120
Staples Mill Road, Suite 300, Richmond, Virginia 23230. The Judgment was recorded in
the Circuit Court for Cumberland County, Pennsylvania, on May 29, 2012.
Date: June 6, 2012 Respectfully Submitt ,
4Jen fer M. McLemore
Christian & Barton, LLP
909 E. Main Street, Suite 1200
Richmond, Virginia 23219
Telephone: (804) 697-4129
Facsimile: (904) 697-4129
Counsel to StellarOne Bank, a rirginia
Corporation
1278510
RECEIPT FOR PAYMENT
-------------------
-------------------
Cumberland County Prothonotary's Office
Carlisle, Pa 17013
STELLARONE BANK (VS) PPJC LC ET AL
Case Number 2012-03355
Received of PD BY ATTY MCLEMORE
BH
Total Non-Cash..... +
Total Cash......... +
Change ............. -
Receipt total...... _
33.50 Check#
.00
.00
$33.50
Receipt Date 5/29/2012
Receipt Time 10:34:43
Receipt No. 275815
429340
------------------------ Distribution Of Payment ----------------------------
Transaction Description Payment Amount
EX RECORD/SAT 19.00 CUMBERLAND CO GENERAL FUND
SATISFACTION 9.50 CUMBERLAND CO GENERAL FUND
AUTOMATION FEE 5.00 CUMBERLAND CO AUTOMATION FUND
$33.50
' MAY 11 zoiz
Christian & Batton, LLP.
PENNSYLVANIA:
4(a-3355 C-01
IN THE CIRCUIT COURT FOR CUMBERLAND COUNTY
StellarOne Bank, r '
a Virginia corporation, ,-==
Plaintiff, :n r7 rv
<
V. Q _Z
P.P.J.C.
et al
L.C. c o , c
,
,
,
Defendants.
AFFIDAVIT IN SUPPORT OF RECORDING FOREIGN
JUDGMENT PURSUANT TO TITLE 42, SECTION 4306(C)(1)
OF THE PENNSYLVANIA CONSOLIDATED STATUTES
COMMONWEALTH OF VIRGINIA,
CITY OF RICHMOND:
Before me this day came Jennifer M. McLemore, who first being duly sworn,
stated as follows:
1. My name is Jennifer M. McLemore. I on a member of the Virginia State
Bar. My bar number is 47164. 1 am a partner at the firm of Christian & Barton, L.L.P., a
Richmond, Virginia, law firm. I have personal knowledge of the fads in this Affidavit.
2. I make this Affidavit in support of the request by StellarOne Bank, a
Virginia corporation, to record a foreign judgment in the form of an Agreed Final Order and
Judgment entered by the Circuit Court for the City of Richmond of the Commonwealth of
Virginia on April 2, 2012.
3. The name of the judgment debtor is James Estill Cornett, III.
Mr. Cornett's social security number is 227-88-8341. Mr. Comett's last known address
S° PA C,
4A 3yo
a7s$ts
VkhktP %ftikp_
is 542 Lucinda Lane, Mechanicsburg, Pennsylvania 17055. His last known business
address is 2120 Staples Mill Road, Suite 300, Richmond, Virginia 23230.
4. Mr. Cornett has property located in Cumberland County, Pennsylvania at
the following address: 542 Lucinda Lane, Mechanicsburg, Pennsylvania 17055.
The address of the judgment creditor herein is StellarOne Bank, a Virginia
corporation, 3900 Westerre Parkway, Suite 203, Richmond, Virginia 23233.
6. The April 2, 2012 judgment entered in the above-captioned matter by the
Circuit: Court for the City of Richmond, Virginia is valid, enforceable, and unsatisfied.
A4c-
JennifWNI. McLemore
Christian & Barton, L.L.P.
909 East Main Street, Suite 1200
Richmond, Virginia 23219
Subscribed and sworn to before me, a Notary Public in and for the
Commonwealth of Virginia, on this 25th day of May, 2012.
tary Public
My commission expires: Ju n? 30? ?p/?
38
12?? ? ? 1 III,,
2
CERTIFICATION OF OFFICIAL RECORD Case No....... CL1173553
RICHMON.D.CIRCUIT COURT ..Virginia.
. .
Clerk's Attestation
I, the Clerk of this Court, attest that the annexed
Certification of an Agreed Final Order and Judgment entered by
the court 4/2/12.
STELLARONE BANK VS P.P.J.C., L.C., ET AL
DESCRIPTION OF ORIGINAL RECORD OR COPY
? is an official record of this Court in my custody.
is a true, correct and com lete copy of an official record of this Court in my custody and I am the
custodian of that record. t annexed copy has been examined and compared with the original.
Given under my hand the seal of this Court on
2.01.2 ..............
EPUTY CLERK 7f CLERK
DEAN
-' "'
BEVILL
M
.
,
T
_
c?a
..
.......
.
...................... ?
.
.
..
TYPED NAME OF CLERK
..
...
p
1
lr:,
Judge's Certification
I, (a) (the) Judge of this Court, certify that the above attestation of the duly qualified Clerk of this Court,
is in proper form, and that the signature thereto is genuine.
April 20, 20.1.2 ..... , Judge
............DATE ..... .......
Beverly Snukals
..............................................................................................
TYPED NAME OF JUDGE
Clerks 4f Virginia Courts: When an original record or copy of a record is transmitted to another
Virginia court, only the clerk's attestation is required. When either an original record or copy is
transmitted to a court outside Virginia, both the clerk's attestation and the judge's certification are
required.
Clerks of Other Courts: The above attestation, the affixing of the court's seal, and the certificate meet
the requirements of 28 U.S.C. § 1738, entitling the record so attested and certified to full faith and credit.
FORM CC-1030 PDF (MASTER)606
Va. Code it 8.01-3894 8.01-391;
U. S. Can&`am IV. Sec. 1;
28 U.S.C.1 1738
RECEIVED ivF14 E?'
CIRCUIT COURT
VIRGINIA: PR 0 2 2012 g:y?
BEVILL ,?EApt.GDJDJ
IN THE CIRCUIT COURT FOR THE CITY OF RICHMO
John Marshall Court Building
SteylorOae Bank,
it is corporation,
Plaintiff,
V.
P.PJ.C., L.C., a a&,
Defendants.
Case No. CL113553-00
This cause arises out of a promissory note dated August 8, 2008 given by P.P.J.C.,
L.C. ("PPJC") payable to the order of Plaintiff, StellarOne Bank, a Virginia corporation
("Pllaim in, the repayment of which was secured, in part, by guaranties executed by J.
Philip Cornett, Pamela Hoag, James E. Cornett, III, and Cynthia Edwards (collectively,
the "Guarantors") (PPJC and the Guarantors are collectively referred to as the
"Mfbndants") Upon the motion of the parties, by their respective counsel, this Court
rules as follows:
(1) that Plaintiff shall have a judgment for money, and judgment is hereby
EI MED in the principal amount of $570,751.03, plus attorneys' fees and costs in the
amount of $45,085.00, for a total of $615,836.03, jointly and severally, against PPJC, J.
Philip Cornett, Pamela Hoag, James E. Cornett, III, and Cynthia Edwards; and
(2) that in addition to the amount set forth in paragraph (1) above that is
joinly and severally due by Defendants, the Plaintiff shall have a separate judgment for
i
i
money, and judgment is hereby ENTERED in the principal amount of $100,000.00 solely
against PPJC; and
(3) that post judgment interest on the principal sums awarded in paragraphs
(1) ahd (2) above shall acmue from the date of this judgment at the judgment rate until
paid.
It is so ORDERED.
There being nothing further, this matter is stricken from the docket. The Clerk
shall send a certified copy of this Order to all counsel of record.
ENTER: '7 / a /2012
O#dge
?- CLMX
D.C.
ba?ff& L =(QJIB o 71177)
R. Oaines T(VSB No. 16086)
C*STIAN & BARTON, L.L.P.
9" East Main Street, Suite 1200
Richmond, Virginia 23219-3095
Tel.: (804) 697-4100
Fax: (804) 697-4112
C el for Plaintiff
Ubm
Rex L. Edwards, J SB No. 31212)
Davies, Bartell, Will, llyn
& Edwards, PLC
122 West Cameron St.
Culpeper, Virginia 22701
Tel.: (540) 825-6000
Fax: (540) 825-1989
Counsel for Defendants
2
PENNSYLVANIA:
IN THE CIRCUIT COURT FOR CUMBERLAND COUNTY
StellarOne Bank,
a Virginia corporation, -:
Plaintiff, r ;
V.
P.P.J.C., L.C., et aL, c-,
erg -,? _.
Defendants.
AFFIDAVIT IN SUPPORT OF RECORDING FOREIGN
JUDGMENT PURSUANT TO TITLE 42, SECTION 4306(C)(1)
OF THE PENNSYLVANIA CONSOLIDATED STATUTES
COMMONWEALTH OF VIRGINIA,
CITY OF RICHMOND:
Before me this day came Jennifer M. McLemore, who first being duly sworn,
stated as follows:
1. My name is Jennifer M. McLemore. I am a member of the Virginia State
Bar. My bar number is 47164. I am a partner at the firm of Christian & Barton, L.L.P., a
Richmond, Virginia, law firm. I have personal knowledge of the facts in this Affidavit.
2. I make this Affidavit in support of the request by StellarOne Bank, a
Virginia corporation, to record a foreign judgment in the form of an Agreed Final Order and
Judgment entered by the Circuit Court for the City of Richmond of the Commonwealth of
Virginia on April 2, 2012.
3. The name of the judgment debtor is James Estill Cornett, III.
Mr. Cornett's social security number is 227-88-8341. Mr. Cornett's last known address
is 542 Lucinda Lane, Mechanicsburg, Pennsylvania 17055. His last known business
address is 2120 Staples Mill Road, Suite 300, Richmond, Virginia 23230.
4. Mr. Cornett has property located in Cumberland County, Pennsylvania at
the following address: 542 Lucinda Lane, Mechanicsburg, Pennsylvania 17055.
5. The address of the judgment creditor herein is StellarOne Bank, a Virginia
corporation, 3900 Westerre Parkway, Suite 203, Richmond, Virginia 23233.
6. The April 2, 2012 judgment entered in the above-captioned matter by the
Circuit Court for the City of Richmond, Virginia is valid, enforceable, and unsatisfied.
G , ??-
Jennif M. McLemore
Christian & Barton, L.L.P.
909 East Main Street, Suite 1200
Richmond, Virginia 23219
Subscribed and sworn to before me, a Notary Public in and for the
Commonwealth of Virginia, on this 25th day of May, 2012.
e 1??
tary Public
My commission expires: Ju. he,?
_
o : COMMIS ION • Z
a 0- NUMBER
3-' 363282
ACTH 0*
12'?6??$?1111{11
2
CERTIFICATION OF OFFICIAL RECORD Case No....... CL1 1-3553
RICHMOND C . .IRCUIT.000.RT „Virginia.
.......R ......................................
Clerk's Attestation
I, the Clerk of this Court, attest that the annexed
Certification of an Agreed Final Order and Judgment entered by
the court 4/2/12.
STELLARONE BANK VS P.P.J.C., L.C., ET AL
DESCRIPTIOTIO ORIGINALRP. RnnR CnPV
? is an official record of this Court in my custody.
is a true, correct and complete copy of an official record of this Court in my custody and I am the
custodian of that record. The annexed copy has been examined and compared with the original.
Given under my hand the seal of this Court on
1...2D.,201.2 ..............
ATE EPUTY CLERK X CLERK
W
BEVILL M. DEAN
................................. ...............:..
TYPED NAME OF CLERK _ • -'
L7 ? N
-< V0
Judge's Certification n CD E3 "-r`
I, (a) (the) Judge of this Court, certify that the above attestation of the duly qualified Clerkbf this Court,
is in proper form, and that the signature thereto is genuine.
April 20, 2012 Judge
...................................... 6zi
DATE
Beverly . Snukals
..............................................................................................
TYPED NAME OF JUDGE
Clerks of Virginia Courts: When an original record or copy of a record is transmitted to another
Virginia court, only the clerk's attestation is required. When either an original record or copy is
transmitted to a court outside Virginia, both the clerk's attestation and the judge's certification are
required.
Clerks of Other Courts: The above attestation, the affixing of the court's seal, and the certificate meet
the requirements of 28 U.S.C. § 1738, entitling the record so attested and certified to full faith and credit.
FORM CC-1630 PDF (MASTER) 6106
Va. Code §§ 8.01-389 & 8.01 -391;
U. S. Cant art. IV, Sec. 1;
28 U.S.C. § 1738
RECEIVED
RCU T COURT
VIRGINIA:
IN THE CIRCUIT COURT FOR THE CITY OF
John Marshall Court Building
StellarOne Bank,
a Virginia corporation,
Plaintiff,
V.
P.P.J.C., L.C., et a4
Defendants.
Case No. CL1I-3553-00
AGREED FINAL ORDER AND JUDGMENT
MIR 0 2 2012 g: y
This cause arises out of a promissory note dated August 8, 2008 given by P.P.J.C.;
L.C. ("PPJC") payable to the order of Plaintiff, StellarOne Bank, a Virginia corporation
("Plaintiff"), the repayment of which was secured, in part, by guaranties executed by J.
Philip Cornett, Pamela Hoag, James E. Cornett, M, and Cynthia Edwards (collectively,
the "Guarantors") (PPJC and the Guarantors are collectively referred to as the
"Defendants"). Upon the motion of the parties, by their respective counsel, this Court
' rules as follows:
(1) that Plaintiff shall have a judgment for money, and judgment is hereby
ENTERED in the principal amount of $570,751.03, plus attorneys' fees and costs in the
amount of $45,085.00, for a total of $615,836.03, jointly and severally, against PPJC, J.
Philip Cornett, Pamela Hoag, James E. Cornett, III, and Cynthia Edwards; and
(2) that in addition to the amount set forth in paragraph (1) above that is
jointly and severally due by Defendants, the Plaintiff shall have a separate judgment for
i
money, and judgment is hereby ENTERED in the principal amount of $100,000.00 solely
against PPJC; and
(3) that post judgment interest on the principal sums awarded in paragraphs
(1) and (2) above shall accrue from the date of this judgment at the judgment rate until
paid.
It is so ORDERED.
There being nothing further, this matter is stricken from the docket. The Clerk
shall send a certified copy of this Order to all counsel of record.
ENTER: `7 1 a /2012
-ASK FOR THIS:
B. B o 71177)
R. Chines Taveni B No. 16086)
CHRISTIAN & BARTON, L.L.P.
909 East Main Street, Suite 1200
Richmond, Virginia 23219-3095
Tel.: (804) 697-4100
Fax: (804) 697-4112
Counsel for Plaintiff
#1239822
umut:?o?rt e
M • ?D cr?tc
D.C.
Rex L. Edwards, J . SB No. 31212)
Davies, Barrell, Will, llyn
& Edwards, PLC
122 West Cameron St.
Culpeper, Virginia 22701
Tel.: (540) 825-6000
Fax: (540) 825-1989
Counsel for Defendants
2
COMMONWEALTH OF PENNSYLVANIA-
COUNTY OF: cUMBERLANn ^~•
.-LI-~~-;~.~
Magisterial District Number:
MDJ Name: Hon
Address:
Telephone: ( )
,~_ ~~ ~ ..
~_. ;"
t1~ ~ k, ,R
REQUEST FOR ENTRY
OF SATISFACTION
CREDITOR
PI~4INTIFF: NAME and ADDRESS
rStellarOne Bank, a Virginia corporation
3900 Westerre Parkway, Suite 203
Richmond, Virginia 23233
J
V$.
DEFENDANT: NAME and ADDRESS
' James Estill Cornett, III
452 Lucinda Lane
Mechanicsburg, Pennsylvania 17055
L_. J
DocketNo.: 12-3355 Civil ~
Date Filed: 5/22/2012
#%X7C% ~ ~7m[7~7@t7tif7BC
StellarOne Bank, a Virginia corporation, requests that the Clerk of the Cumberland County Court for the
Commonwealth of Pennsylvania release the judgment entered on May 22, 2012, in the above-captioned matter.
1112~~ i 2.
Date
COMMONWEALTH OF VIRGINIA
CITY/C9FFH'gY OF ~ctin~OrcD TO WIT:
~~,~~e. t,A+~1!?po~~~~~
The aforesaid instrument was acknowledged before. ~`~~'~~, ~~Giay of~~Yeh'-b!/L_, 2012, b ,~qni -.Cti,,, ,
counsel for StellarOne Bank, a Vir inia co
9 rpo~t~an;.,!43i~~lia. ~'Far~ the Bank. /(/l,µ ~MD/L
m
My Commission Expires: ~ ~ ~ l ao~5 :~:~ "~_~t ~.
Registration N~o.:I QUO ~ C ~ ~ ~~`r"''~' ~ .-1; a
O `' .
Notary Public ~ ~''~ ~~,^`~ ~-\;~~
Date °fr:~,..:a~~.~'° .Magisterial District Justice
My commission expires first Monday of January, SEAL
~t ~~ ~~
Sign Requestor
AOPC 3168-05