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,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
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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
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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
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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
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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.
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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
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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
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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(,\,
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~. t.A.JJJ ('l" ) (c. J.
H. WBINSTOCK
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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
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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.
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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
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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
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TWl'HclNlt (711).a3&1651
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