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HomeMy WebLinkAbout95-02565 ~ -s 'C C,.f .JJ ! j 1 'I 'I I ., " ~ " . .. '! ~ ..9 I I' " . .- oJ ..J I 1 I " , , , 1:1 , I o < ;1 , ;.1 , , , , , , " " , .' I, . ,ROPIRTY BITTLEMINT AORIIMINT THIS AGJ{EISMENT, made this ~ day ot _ IHnn,l) 19J: by and between WENDY LEIBFJ{IED, hereinatteJ:" called "wUe", and ltONALD LEIBFJ{IEO, JR., hereinafter called "Husband". , WIT N ! 8 8 I T HI WHEJ{EAS, Husband and Wife were legally married on October 21, 1989, WHEREAS, two children were born of this marriage, WHEREAS, differences have arisen between Husband and wife in consequence of which they desire to live separate and apart from each other; and WHEREAS, HUBband and Wifo dosirf! to settle and deter- mine their rights and obligations. NOW THEREFORE, in consideration of the premises and covenants oontained horein, it is agreed by and between the parties hereto thatl 1. ~ratiQn - It shall be lawful for eaoh party at all times her~after to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. Interferences - Each party shall be free from interferenoe, authority and control by the other, a8 fully a8 if he or ehe wore single and unmarried, exoept ae may be neoe~lary to oarry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or mallgn the other, nor in any other way inter- fere with the peaoeful existence, separate and apart from the othsr. Eaoh of the parties hereto oompletely understand and agree that neither shall do or Bay anything to the child of the parties at any time which might in any way influence the child adversely against the other party. 3. DlvieJ,on of Real lX9perty - Wife agrees to transfer all her right, ti~le and interest in and to the 1986 mobile home situated at 87 Regency Wood North, Carlisle, Cumberland County, Pennsylvania, now titled in the name of llu~band and Wife and agrees to immediately execute now or in the future any and all deeds, doouments or paperR neoessary to effect such transfer to title upon request. Wife further aoknowledges that she haR no claim, right, interest, or ~itlo whatsoever in said property and further agress never to assert any claim to said property in the future. said transfer shall be effective upon the signing of this agreement and shall be binding regardless of the marital status of the parties. Husband agrees to indemnify and hold Wife harmless on the existing mortgage on the real estate. Husband further agrees to give Wife one-half of the proceeds if he ever decides to sell the mobile home. 4. Division of Personal Pro~~ - The partiee have - 2 - divided to their Inutual satisfaQtion, all personal property Qwned by them during the marriage inoluding, but not limited to, hou.ehold goods and furnishings, personal effects and other property used by them in common and neither p~rty will make any claim to any of the personal property presently in the posDession of the other. (See Exhibit "A" attached hereto). Should it become necessary at any time for either party to execute any titles, deeds or similar doouments to give effect to this para- graph, it shall be done i~nediately upon request of the other party. 5. Vehicles - The parties acknowledge that they are the joint owners of a 1987 Toyota pickup Truck and a 1992 Dodge Spirit. Husband and Wife agree that the 1992 Dodge Spirit will be transferred to the Wife and will become the Wife's sole responsibility and the 1987 Toyota Pickup Truck will be trans- ferred to the Husband and will become the Husband's sole respon- sibility. 6. Pension PIau - Ronald Leibfried, Jr. agrees to relinquish all rights, title, and interest he may have in any and all of Wendy Leibfried's ponsion(s) or in any other monies Wendy Leibfried is or may be entitled to receive now or in the future. Wendy Leibfried agrees to relinquish any and all rights, title or lnterest she may have in any pensions or other monies that Ronald Leibfried, Jr. may be entitled to now or in the future. 7. Child Support - Husband agrees to pay to Wife for - 3 - the ~upport of their two minor ohildren the sum of $100.00 per we.k. The parties acknowledge that they believe that this amount of support is fair and reasonable based upon ourrent oiroumstano- ... However, both parties reserve the right to have the matter of ohild support reviewed in the future in the event of substan- tial ohanges in oircumstances. B. ~edical Insura~ - Wife ahall provide medical insurance and extended benefits BS supplied by her employer for her minor children. 9. Custogy - Husband and Wife shall havs shared legal custody of the parties' children. Wife shall have primary physical oustody of the ohildren. Husband shall have temporary physical custody at suoh times BS the parties' mutually agree. 10. ~LJitA.te Income 'r'ax Return - 'l'he parties agree that they will file joint income tax returns for 1995. If there is a refund or tax due as a result of filing the joint federal and state income tax returns for 1995, the refund(s) or tax due will be divided equally. Wife will be entltled to the deductions for the children for all future federal income tax returns. 11. Breach - If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for suoh breach. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or - 4 - ber rights under this Agreement, or seeking suoh other remedy or relief 4B may be available to him or har. 12. MJ.....DJ.Jl!l.l.g.!lJu:,!~ - HUBband and Wife eaoh reprellent and warrant to the other that he or. aho haa made a full and oomplete diaclosure to the other of all aaeets of any nature whataoever in whioh such party of every type whataoever and all other faots relating to the aubjeot matter of this Agreement. 13. Additional.lJ1linunftll.t - Eaoh of the parties shall on demand exeoute and deliver to the other any deeds, bills of sale, assignment, oonaenta to ohange of bonefioiary on insuranoe polioies, tax returna and other documenta and do or oaused to be done any other aot or thing that may be necessary or desirable to the provisions and purposes of this Agreement. If either party fails on demand to oomply with thia provision, that party shall pay to the other all attorneYB' feeB, COBtB and other expenBeB reaBonably incurred aB a reBult of such failure. 14. Wife'B Debts - Wife repreaents and warrants to Husband that sinoe the partieB' Beparation she has not and in the future she will not contraot or incur any debt or liability for which Husband or hiB estate might be reBponsible and shall indemnify and save HUBband harmleBs from any and all claims or demands made againBt him by reason of debtB or obligationB in- curred by her. 15. HYAP-and'B DebtB - HUBband repreBentB and warrants to Wife that sinoe the partieB' Beparation he has not and in the - 5 - futu~e he will not oontraot or inour any debt or liability for whioh Wife or her eetate might be reeponeible and ehall indemnify and eave Wife harmleee from any and all olaime or demande made againet her by rea eon of debte or obligationa incurred by him. 16. MaritaLllv.tY - 'l'he parties have agreed to divide the marital debts in aocordanoe with Exhibit "B" attaohed hereto. 17. ~aiver8__~j~-^9D~}~ Eetatee - Exoept ae herein otherwiee provided, eaoh party may diapoae of his or her property in allY way, and eaoh party hereby waivea and relinquieh- es any and all rights he or ehe may now have or hereafter ao- quire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a reeult of the marital relationship, inoluding without limitation, dower, ourtesy, statutory allowanoe, widow's allowanoe, right to take in intestacy, right to take against the Will of the other, and right to aot as administrator or executor of the other's eetate, and each will, to the request of the other, execute, aoknowledge and deliver any and all instruments whioh may be necessary or advis- able to carry into effect this mutual waiver and relinquishment of all suoh interests, rights and claime. lB. Representation - It is fully underetood and agreed that eaoh party has the right to have advice of independent oounsel prior to the signing of this Agreement. By the signing of this Agreement, the parties reoognize that he/ahe fully understande the legal impaot of thie Agreement and waivee hie/her - 6 - right to have the Agreement reviewed by an attorney of hio/her ohoosing, and further intendo to be legally bound by the termo of thio Agreement. 19. EfhaUve Aoroement; - 'rhis Agreement ohall bind the partieo, their heir.o, exeoutoro, adminiotratoro and aooigno. 20. Voluntarv Exeaution - The provioiono of thio Agreement are fully underotood by both partieo ~nd eaoh party aoknowledges that this Agreement is fair and equitable, that it io being entered into voluntarily and that it is not the reoult of any duress or undue influence. 21. Entir.e A9ree~ - Thio Agreement oontains the entire underetanding of the partiee and there are no representa- tions, warranties, oovenanto or undertakingo other than thooe expresoly oet forth herein. 22. Prior Aoreement - It io underotood and agreed that any and all property settlement agreemento whioh mayor have been exeouted prior to the date and time of thio Agreement are null and void and of no effect. 23. MsLdification and Waiver - Any modification or waiver of any provioion of thio Agreement ohall be effeotive only if made in writing and executed with the ~ame formality as this Agreement. The failure of either party to inoiot upon striot performance of any of the provisiono of this Agreement ohal1 not be oonstrued as a waiver of any suboequont default of the Bame Qr similar nature. - 7 - 21.. g.QvornllJ(T I,dW, - 'L'his Agreement shall be governed by and shall be oonstrued in aooordance with the laws ot the Commol1wealth of Pennsylvanla. 25. 11ll1m:l.!Wmmt 6eDlU.~t.9 Covelll1r1Y. - It is IIpecifioal- ly understood and agreed by and between the parties hereto that eauh paragraph hereof shall be deemed to be a aeparato and independent oovenant and agreement. 26. Void Clau~ - If any term, oondition, clause or provision of this Agreement shall be determined or deolared to be void or invalid in law or otherwise, then only that term, oondi- tion, clause or provision shall be stricken fr.om this Agreement and in all other. respsots this Agreement shall be valid and continue in full forne, effeot and oporation. 27. Entrv as Part of Deor.eo - It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated, but not merged/ in any final Decree in Divorce. 28. Waiver ~ldiwA - With the exception of the speoific terms of this Agreement, the parties waive any claims they may have against the other under the Divorce Code of the Commonwealth of Pennsylvania including, but not limited to, alimony, alimony pendente lite, counsel fees, costs and expenses - 8 - IXKIIIT "A" Wendy Leibfded 1. 2. 3. 4. 5. 6. 7. B. 9. 10. ll. 12. 13. 14. 15. 16. Per.onal dooument. rolating to her.elf and children Hou.ehold applianoes, etove, refrigerator, washer/dryer VCR Kitchon Table and ohairs crrlltal Al other homs interior piotures and deoorations Family photo albums Children's furniture and belongings Outdoor furniture, swing set Small kitohen applianoes, blonder, orook pot, pot. & pan. Single waterbed Jewelry Camoorder Filing oabinet Children's toys, bikes, tramp, ball. Fil."e Safe RQnald Leibfried. Jr. 1. Gun Cabinet 2. 357 Hand Gun, Rifles, Bullets 3. Fishing Equipment 4. Hunting Equipment 5. Personal doouments 6. Beer Steins 7. Iroll SkillElts B. Extra Pionio Table 9. King Si2e Waterbed with sheets and blankets 10. Jewelry 11. Personal photo album and books 12. Colored Television 13. Small Dresser 14. Eagle Plaoque, Eagle Statue, home interiQr eagle picture .et 15. Coffee Maker 16. Some dishes, glasses, utensils for housekeeping 17. Dart board lB. Tools 19. J5 mm camera 20. Microwave 21. Entertainment Center 22. Fish Aquarium 23. Grill (gas) 24. Picenic Table 25. Lawn mower and weed trimmer 26. Standing Lamp 27. Telephone 2B. Free2er - 11 - to , , \ i'l " ~.', II , , . ~ .1'" . r'" ) ,~ , ~B " 1./", ,!J ' , II -,' . ,1,(.\\ , . ), . ': ) ,~~ , " ! fr, I ", I~ ~~ " ..... ..... .... '-" , I \ /) ,I , 9. I ~ . , I (.) ~~ 'H ~ ~ p: 'H I'l ~ ~ ~ 'rl III ~ ~ ~ '" ~~ a ~ E-o g ii 0 'rl I o . I1l '~ i ~~ ~ .... . f-o " . ~ fJ Q ~~~~I~t I ~ . ~ E" 8::l z H ~ ~ ~rE fZ IXl 0 ~ if j al H E-o 8 I tJ H ~ W W .0: H ~ ~ ~H i l-< r :>< ~ <( z~o~ ~ IlC: ... H ZU P4 p. - , , , , , , ''I , . , ,I , , I " . ~. 1 ,:1 I ) ',J " , JIll 'I} " F" " ; I 'I, ", WBNDY LBIBFRIBD, I IN TilE COUR'r OF COMMON PLEAS I CUHBERLAND COUNTY, PBNNA. plaintiff , I I ve. I No. 95 - 2565 I RONALD LBIBFRIED, I I Defendant. I tlvil Action - Divoroe mEeIP. TO TRAlfSKIT....BI.!:lQJUl TO THI PROTHONOTARY I Transmit the reoord, together with the following information, to the Court for entry of a divorce decreel 1. Ground for divorce I irretrievable breakdown llhder SectiQn 3301(0) of the oivcroe Code. 2. Date and manner of service of the Complaint I Served by Registered Hail, Return Receipt Requested, Restricted Delivery on May 19, 1995. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Ccdel by Plaintiff on Haroh 5, 19961 by Defendant on Harch 1, 1996. 4. Related ol~ims pending I None. IRA H. "BINSTOCK, P.C. 800 North Seoond Street Harrisburg, PA 17102 Phone I 717-238-1657 By I ~ l(,\, I ) ~. t.A.JJJ ('l" ) (c. J. H. WBINSTOCK ", " , I \ ~....., '"'j,, 'Ij ,.", ' ',", " " "1 ) ....) \") ...... ....! ~ I '.......... , I ~ I>(") -.!.j \\ '") ....... I,"X .~ " ~ .. ,~~~' 'i--J' ~ f,-.d "~ - ~ .'~ ......, ~ ' '"--. '~G ~:; .:-.. ".1 '.,' ';r ,,", ., .., - '~ " I ~ I h : t~lii!~~ ~ 1m tiD ~ a ~ "cl h . I I . < III . ~ ~ tl III i ~ . 'U i-' ~, rt h; HI . il I II .,' I ' -. I I , ... I . ' " ... ,. . ~ "< f;; hJ ~ gj . Q ~i~ ~. ~a g ~8 @ n~ o ~ ~~ ~ ~I ~ ~~ M . ~ . WENDY LEIBFRIED, I IN TUB COURT OF COMMON PLBAS I CUMBERLAtlD COUNTY, PENNA. Plaintiff, I I /) ) I) I: I) (. /, ,1, (' '.,)1 , VI. I No. II' I RONALD LBIBFRIED, I I Defendant. I CIVIL ACTION - IN DIVORCB NOTICI TO DEFEN~M RIQHlI YOU HAVI BIEN SUED IN COURT. If you wiah to defend againat the olaims aet forth in the following pageu, you must take prompt aotion. You are warned that if you fail to do so, the oase may prooeed without you and a decree of divoroe or annulment may be entered against you by the Court. A judgment may also be entered againllt you for any other olaim or relief requested in these papers by the Plaintiff. You may loae money or property or other right a important to you, inoluding oustody or visitation of your children. When t.he ground for the divorce ia indignitiea or irretrievable breakdown of the marriage, you may requeat marriage oounseling. A liat of marriage oounselora ia available in the Office of the Prothonotary, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPIRTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORC" OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THmK. 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 GRT LRGAL HILP. Court I\dminiatrator Cumberland County Courthouae 1 Courthouae Square, 4th Floor Carliale, Pennaylvania 17013 Phonel 717-240-6200 . WINDY LI!IBII'IUED, I IN TUB COURT OF COHMON PLBAS Plaintiff , I CUMBBRLAND COUNTY, PBNNA. I v.. I No. I RONALD LBIBII'RIBD, I Defendant. I civil Action - In Divorce ~);.AI"'J! 1. Plaintiff, Wendy Leibfried, is an adult individual residing at 87 Regency Wood a North, Carlisle, cumharland county, Pennsylvania, 17013. 2. Defendant, Ronald Leibfrl.ad, is an adult individual residing at 87 Regency WoodB North, Carlisle, Cumberland county, Pennsylvania, 17013. 3. The Plaintiff has been a bona fide resident of. the Commonwealth of Pennsylvania for at Leaat six months iwnediately previous to the filing of this complaint. 4. The Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least aix months immediately previous to the filing of this complaint. 5. The Plaintiff and the Defendant were married on October 21, 1989 in New Cumberland, cumberland County, Pennsylva- nia. 6. There have been no prior actions of divorce or annulment of marriage between the parties. 7. The Defendant is not a member of the Armed Services of the United states of America or its Allies. 8. The marriage is irretrievably broken. l"," , I II, .. . 1" ," I I'.' . \ ' ',' \ ~ ,: , I , " , " . :, I \l I ... ~ ~ I ~ B~nH I !~ : I ~. e 2l >< ~ &; .rl~ 1~IUa~; IiJ ~D: 8 '" ~ ~ Hen !.il I HId o Ul fil 1 . ~ 8t-'l ~ l tJ ~o ~ ~ rn - - ':;l I'" ~ '1:l H I ~, o - 8 ~ ~ "d~ r ~ t:I ~, I~ HI . HI - .~ , \ , Ii " , 1.1 " ' 1'1.1 ....'1 ,I . . ., .... ,. .. - WBNPY L1UBFRIISP, I IN THB COURT OF COMMON PLBAS I CIJMBBRLANP COUN'rV, PENNA. Plaintiff , I I VII. I No. 95 - 2565 I RONALP LBIBFIUBP, I I De fendan t. I civil Aotion - Divoroe APrlDAVIT 0' BIRVICI Ira H. Weilllltock, Ellquire, being duly IIworn aOQording tQ law, depollell and lIaYII that he mailed a true and correct copy of the complaint in Divorce upon the Defendant on May 19, 1995, by depolliting it in the United statell mail, return reoeipt requested, relltricted delivery addreued all folloWlI1 Mr. Ronald Leibfried, 87 Regency Wood II North, Carlillle, Pennsylvania, 17013. The return reoeipt lIigned by the Defendant is evidence of deliv- ery to him and is attached hereto all Exhibit "A". I verify that the IItatementll made in thill Affidavit are true and correot. I underlltand that falBe BtatementB herein are made lIubject to the penaltioB of 18 Pa.C.S. 54904 relating to unllworn falllification to authoritieB. WENDY LEI13l"IUl!:O, I IN THE COURT OF COMMON PLEAB I CUMBERLAND COUNTY, PENNA. plaintiff, I I VB. I No. 95 - 2565 I RONALD LEI13FRIED, I l Defendant. I CIVIL AC'rIOtl - IN PIVORCB Ar'IDAV~-9~KS~KT 1. A Complaint in divoroe under Bection 3301(0) of the Divoroe Code waB filed on May 11, 1995. 2. The marriage of Plaintiff and Defendant i. irre- trievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of di- voroe. 4. I understand that I may lose rights conoerning alimony, division of property, lawyer's fees or expenses if I do not olaim them befor.e a divorce is granted. I verify that the statements made in this Affidavit are true and correot. I understand that false statements herein are made subjeot to the penalties of 18 Pa.C.B. 54904 relating to unsworn falsifioation to authorities. Datedl ~':l '1(,- " , , ,I; , , . , " I r;, " I h , ," , I " ! , j, " I I I , !,I " , " I I r' , I " , ,,,I '; 'II 'I, I , I , " " " " '" 'I " , ',I. " "1, ifl", \1. "', li'i " I' >'1 ',I , ,C; , , V!/.I','l:l.',';:\~ 1\1 \)/\'r,'-"'I :'" ", """ry) , ~, " ~ ' , I' r., , \ I .. , , ,Z~ Ie !:,I 61 :r:ll % ^bV.LWUi~i,I'J,rd :.;11, ;10 801.:l;jO'CJ~liJ , 'I, . , , ' " " CUMBERL NO COUNTY, NO. 95 ~ 2565 CIVIL ACTION ~ IN DIVORCE WENDY LEIBFRIED, na:l.nUff, VI. 'RONALD LEIBPRIED, Defendant. AF~IOAV:iT 0' cO.811ft L4wom_ , IRA H, WltlNSrOCK, P.C. $lInlOO BOO 1'1, 5ICOND 11NIiT HAP_.JlIINIot, PfNNSYLVANfA 17102 - TWl'HclNlt (711).a3&1651 ... " I II I, ", " ","', I"~ ,r, \,,;11 1/1 l rfl'\~' " ,,\ 1//,1 ", "1" I' ' I I ' tI,~11 J" " Ii': ,I ,I, ,'>' i'W1:lrN,',! 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