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MICHAEL J. KANE,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE NO. S~S~ -11411
YVETTE KANE,
Defendant
OUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, this -s:..- day of ~ ' 195f, Yvette Kane
and Michael J. Kane stipulate to the following facts:
1. The parties hereto were formerly husband and wife
having been divorced on November 14, 1997, by this Court pursuant
to a marital settlement agreement which provides for this Court to
retain jurisdiction over enforcement of the Equitable Distribution
Agreement.
2. Michael J. Kane (Social Security Number 136-42-1090),
is hereinafter referred to as "Plaintiff" or "Participant"
3. Yvette Kane (Social Security Number 437-88-84991, is
hereinafter "Defendant" or "Alternate Payee., has raised claims
for, inter alia, equitable distribution of marital property
pursuant to the Pennsylvania Divorce Code.
4. The parties have agreed pursuant to an Equitable
Distribution Agreement executed November 11, 1991, that the SUlll of
Nine Thousand One Hundred Ninety-Four ($9.194.001 Dollars shall be
paid to Defendant subject to the terl\lll and provisions of thia
Order, and at Defendant's eleetion _y be paid directly to an
eligible Individu41 Retirement Account.
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5. Plaintiff I s current and last known mailing address is
4182 Antelope Court #117, Mechanicsburg, Cumberland County,
pennsylvania 17055; and
6. Defendant' s current and last known mailing addresS is
401 Huron Drive, Mechanicsburg, Cumberland county, pennsylvania
17055; and
7. The balance of the aforementioned account on March
24, 1997, was Thirty One Thousand One Hundred Seventy TWo
($31,172.43) Dollars and 43/100 Cents.
IT IS ORDERED, ADJUDGED AND DECREED as follows:
1. 1\. portion of the aforementioned Cash Management Class
1\. IRA account in the name of Michael J. Kane is marital property
subject to distribution by this Court.
:I. The sUIII of Nine Thousand One Hundred Ninety-Four
($9,194.00) from the account is awarded to the Alternate Payee,
yvette Kane and is to be segregated and paid directly to yvette
Kane or, at her electiOn, to be transferred to an Individual
Retirement Account in her name. The participant Michael J. Kane.
is awarded the remainder.
3. The payment shall be a lump SU\'ll payment to be
commenced immediately.
4. This payment shall not be subject to the premature
distribution penalty as provided in I.R.C. S72(t} (2) (CI. In the
event that this payment is rolled over into an Individual
Retirement Account, this rollover shall not be subject to the
premature distribution penalty and the rollover shall be considered
a tax free rollover of the benefits/amounts distributed.
5. The Plan to which this Order applies is the American
Express Cash Management Class A IRA account in the name of Michael
J. Kane, bearing client #1526-8802-4-001.
6. Any reasonable costs incurred by the Plan
Administrator to effectuate the terms and provisions of this
Qualified Domestic Relations Order shall be assessed such that the
Participant, Michael J. Kane, pays one hundred (100') percent of
the costs.
7. The parties shall promptly notify the Plan
Administrator of any change in their addresses from those set forth
above in this Order.
8. The partiea shall promptly submit this Order to the
Plan Administrator for determination of its atatus as a Qualified
Domeatic Relationa Order.
9. Neither party shall encumber. transfer, pledge, or in
any way dispoae of any portion of this pension plan until such time
aa the Plan Administrator has qualified thia Order. after which
.
.
DETERMINATION AS TO QUALIFICATION OF DOMESTIC RELATIONS
ORDER, NOTICE TO PLAINTIFF (PARTICIPANT) AND DEFENDANT (PAYEEI
AND AGREEMENT TO COMPLY WITH ORDER
Pursuant to the requirements of the Retirement Equity Act
of 1984, the Plan Administrator, and any successor, hereby states
as follows:
1. The attached Order of the Court of Common Pleas of
CUmberland County, Pennsylvania, dated
1997, is a Qualified Domestic Relations Order; and
2. The Plaintiff (Participant) and Defendant (Payee) are
hereby notified as to the qualification of said Order; and
3. The undersigned will comply with all of the terms and
conditions of said Order.
Dated this
day of
, 1997.
By:
Plan Administrator
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF '* PENNA.
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Michael J, Kane,
Nil. 5454
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Plaintiff
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Yvette Kane,
Defendant
DECREE IN
DIVORCE
AND NOW, .\\J~ r L1.. 19 ~tl..
it is ordered and
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decreed lhat .... . Michae 1. J, . Kane.
and . . . . . . . . . . . Yvet.te. .K.ane.
are divorced from the bonds of matrimony.
. . . . . .. . . .. . .. '. 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 nol yet
been entered; ~
. the attl\cl1e<\ property seUlelllentaS\reelllent ill hereby. incorporated. ioto "
the divorce decree.
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MATRIMONIAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this
1997, by and between Yvette Kane of 401 Huron Drive, Mechanicsburg,
Cumberland County, Pennsylvania ("Wife"), and Michael J. Kane of
4182 Antelope Court N117, Mechanicsburg, Cumberland County,
Pennsylvania ("Husband").
I J t/J day of
Nol
Recitals:
A. The parties hereto, being Husband and Wife, were
lawfully married on September 18, 1982.
B. Differences have arisen between Husband and Wife in
consequence of which they have begun to live separate and apart
from each other.
C. Husband and Wife acknowledge that they both have
consulted their attorneys and have been advised by their attorneys
of all of their rights and duties or have had the opportunity to
consult independent legal counsel and have wilfully, knowingly and
voluntarily waived the right to consult an attorney.
NOW, THEREFORE, in consideration of the mutual promises,
covenants and undertaking herein contained, the parties, each
INTENDING TO BE LEGALLY BOUND, agree as follows:
1. Recitals. The Recitals set forth above are
incorporated herein by reference.
~. Divorce. It Is specifically understood and a9reed by
and betveen the parties, and each party does hereby warrant and
represent to the other that, as defined in the Divorce Code, thelr
marriaqe is irretrievably broken. Husband has filed an action in
the Court of Common Pleas, Cumberland County, Pennsylvania. The
parties agree to take all legal steps (including the timely and
prompt submission of all documents and the taking of all actions)
necessary to assure that a divorce pursuant to 23 Pa. C.S.A. ~ 3301
as amended of the Divorce Code is entered as soon as possible.
This Agreement and any ancillary or supplemental agreements shall
be incorporated by reference and merged into the proposed Divorce
Decree presented to the Court.
Husband and Wife shall at all times hereafter have the
right to live separate and apart from each other and to reside from
time to time at such place or places as they shall respectively
deem fit, free from any control, restraint or interference
wh.~.gever by ..oh gther. N.ither par~y .hall mol..t the g~h.r in
any way whatsoever nor endeavor to compel the other to cohabit or
dwell with him or her by any legal or other proceedings. The
foregoing provision shall not be taken to be an admission on the
part of either Husband or Wife of the lawfulness or unlawfulness of
the causes leading to their living apart.
3. Marital ProDertv.
(a) Personal ProDertv. Husband and Wife acknowledge
that they shall divide the personal property acquired during their
marriage as set forth on Exhibit "A". Husband hereby relinquishes
all right, title and Interest in Wife's personal property and Wife
hereby relinquishes all right, title and interest in Husband's
personal property.
(b) Retirement. Pension. 401-K Plan. Husband hereby
relinquishes all right, title and interest in Wife's retirement,
pension and/or 401-K Plan, if any, and Wife hereby relinquishes all
right, title and interest in Husband's retirement, pension and/or
401-K Plan, if any.
(c) Real Estate. Husband hereby waives and relinquishes
any right, title, or interest in the home located at 401 Huron
Drive., Mechanicsburg, PA, title shall rest solely in Wife's name.
The parties agree to execute any deeds or instruments of
conveyance necessary to accomplish the within.
Wife agrees to waive and relinquish any right, title, or
interest in any real property that husband may obtain by legal or
eqyitable tiUe or: r:ivht and that any suoh pr:operty shall r:est
solely in Husband's name. The parties agree to execute any deeds
or instruments of conveyance or waivers of rights necessary to
accomplish the within.
(dl Division of Prooertv. Husband and Wife agree to the
entry by the court of a Qualified Domestic Relations Order by which
Husband agrees to pay the sum of Nine Thousand One Hundred and
Ninety Four Dollars ($9,194) to Wife as a final lump sum payment
regarding the equitable distribution of marital property,
specifically equalizing the assets which each party has retained.
Wife agrees that, in the event that the distribution pursuant to
such Qualified Domestic Relations Order is deemed to be subject to
a premature distribution penalty as provided in The Internal
Revenue Code. wife shall pay such penalty or reimburse husband for
sallie.
4. pebts and Obliaations.
(a) Individual debts/obliaationS. Each of the parties
shall assume all debts and obligations presently in their
individual names and shall indemnify, defend and hold the other
harmless from said debts and obligations, whether incurred prior
to, during, or subsequent to the marriage. This shall include all
personal, individual credit cards and personal individual loans by
either party except as otherwise set forth herein. Each party
hereby agrees to pay and hereby agrees to hold the other harmless
from any and all personal debts and obligations incurred by him or
her on or after the date of this Agreement. If any claim, action
or proceeding is hereafter brought seeking to hold the other party
lla~le on accQunt of any such debts and obl19atlons, su~h party
will at his or her sole expense defend the other party against any
such claim, action or proceeding, whether or not well-founded, and
indemnify the other party against any loss resulting therefrom.
(b) Joint debts/nbliaations. Husband and Wife
represent that there are no 10int debts or other debts incurred by
either of them, except the obligation encumbering the automobiles,
currently outstandlng with respect to which the other party may
incur any liability now or in the future.
Each party otherwise hereby expressly agrees to
indeanify, defend and hold hanaless the other frea any and all
liability, direct or indirect, including attorneys' fees and costs,
which may arise in connection with an obligation, 10int or
ot.herwise, for which the party has agreed hereunder to bear sole or
partial responsibility, or which the party has failed to disclose
and provide for herein.
5. Leaal Fees. Each party agrees that they shall be
responsible for their own legal and other fees incurred by them in
connection with this domestic relations matter unless otherwise
specified herein or otherwise agreed to by them.
6. Automobiles. Upon execution hereof, the parties agree
that the 1993 passat GL automobile shall become the sole free and
clear property of Wife, and that Wife shall insure and assume all
liability for the loan encumbering said automobile therefor except
as otherwise set forth herein. Husband waives any right, title or
interest he may have in and to said automobile and shall promptly
execute any title or transfer documents necessary to fulfill this
provision.
Wife agrees to waive any right, title or interest she may
have in and to the 1991 Plymouth Voyager which Husband has in his
possession. Wife shall promptly execute any title or transfer
documents if necessary to fulfill this provision. Each party
shall, after execution hereof, maintain their own automobile
insurance in their separate names.
7. Other Writtnas. Each of the parties hereto agrees to
promptly execute any and all documents, deeds, waivers, bills of
sale, tax returns or other writings reasonably necessary to carry
out the intent of this Agreement.
8. custodv/SuDoort. The parties agree that Husband and
Wife shall share legal custody of the P<lrttes' two children,
Madeline F. Kane and Kathleen Y. Kane. Wife shall have physical
custody of botll children. Husband shall pay to Wife the amount of
Eight Hundred and Seventy Five Dollars ($875.00) per month as child
support on the first day of every month hereafter. Husband may
deduct the sum of Ninety Dollars ($90) from the December, 1997,
January 1998 and February 1998 payment to repay advances previously
made by him to wife.
The parties shall equally divide all
extraordinary personal or medical expense,
including by
illustration, but not limitation, summer child care expenses,
orthodontic expenses, major surgeries, psychological counseling and
other such matters not covered by insurance, so long as both
parties reasonably agree that the expense, procedure or treatment
is reasonably necessary. Such agreement will not be unreasonably
withheld.
Release of claim to ExemDtion. Wife agrees to
unconditionally release any claim of Federal and State income tax
exemption for Madeline Francis Kane for all future years, and shall
execute IRS Form 8332, Part II to accomplish same.
Child Visitation. Commencing on November 7, 1997
Husband shall have visitation with the children on alternate
weekends from Friday at 6:00 p.m. until Sunday at 6 p.m. and shall
further have visitation on Wednesdays commencing at 6:00 p.m. until
8:30 p.m.. Husband shall have the option of keeping the children
at his home overnight on such nights. Ih...h-I.d ..han pick up -~i
ekll.F9ft A~ vitA'. ~~.e to at6rt said ,isit.tiQft. An~ VI'A .hall ~~~
pie" ..... "hlldu:n at: HUSDan(J'. I~.. "!."'" \';UAlpleteu. If either child
shall remain overnight with Husband, he shall be responsible for
transporting said child to school.
Husband shall have
temporary custody
for one
uninterrupted week during the children's summer vacation. Such
temporary custody shall extend no later than seven (7) days prior
to the first scheduled school day of any child. Husband shall
provide notice to Wife prior to June " of each year the week in
which he wishes to have temporary custody.
Regardless of any provision set forth above, custody of
the children shall be divided as follows:
a. temporary custody shall be provided to Husband
on Father's Day, and to wife on Mother's Day.
b. Husband and Wife will be provided custody of
the children on alternating holidays. Said holidays shall be
considered as Memorial Day, Independence Day, Labor Day,
Thanks,ivin" Gh~i.~.a. C~e,innin, a~ ilOO p... De8..~e~ 34\h an.
extending to 10:00 a.m. December 26th), New Year's Day and Easter
Sunday. Husband will be provided temporary custody on Christmas,
1997 and holidays shall alternate thereafter.
c. Husband and Wife will alternate yearly
birthdays of the children, Husband being provided temporary custody
of the children for all birthdays occurring in 1998, and
alternating yearly thereafter.
9. Further Debt.
(a) Wife shall not contract or incur any debt or
HabUity for which lIusband or his property or estate might be
responsible and shall indeanify and save harmJes. Husband froe any
and all claims or demands, Including attorneys' fees and costa,
made against him by reason of debts or obligations Incurred by her.
lb) ttuaband shall not contract or incur any debt or
liability for which Wife or her property or estate might be
responsible and shall indemnify and save harmless Wife from any and
all claims or demands, including attorneys' fees and costs, made
against her by reason of debts or obligations incurred by him.
10. Mutual Release. Except as otherwise provided herein
and so long as this Agreement is not cancelled by subsequent
agreement, the parties hereby release and discharge, absolutely and
forever, each other from any and all rights, claims and demands,
past, present and future, specifically from the following: alimony
pendente lite; alimony; spousal support; division of property;
claims or rights of dower and right to live in the House; right to
act as executor or administrator in the other's estate; rights as
devisee or legatee in the Last Will and Testament of the other; any
claim or right as beneficiary in any life insurance policy of the
other unless specifically named otherwise or as required herein;
and any claim or right in the distributive share or intestate share
of the other party's estate, all unless specified to the contrary
herein or in a subsequent writing signed by the parties hereto.
11. Tax Return. The parties have elected to fUe
separate individual income tax returns beginning with tax year
1997. Each party shall be solely liable for any tax liability from
that period forward and shall indemnify, defend and hold the other
haraless from and against any sueh liability.
12. Medical/Health Insurance. Upon execution hereof,
each party shall be responsible for their own llIedical/health
insurance and the _lntenanee thereof, if any. WU. shall maintain
health Insurance for the children, providin9 covenoe equivalent to
that provided to Commonwealth of Pennsylvania employees.
13. Entire Aoreement. 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.
14. Leoallv Bindino. It is the intent of the parties
hereto to be legally bound hereby, and this Agreement shall bind
the parties hereto and their respective heirs, executors,
administrators and assigns.
15. Full Disclosure. Each party asserts that she or
he has fully and completely disclosed all the real and personal
property of whatsoever nature and wheresoever 10Qated belonvinv in
any way to each of them; of all debts and encumbrances incurred in
any manner whatsoever by each of them; of all sources and amounts
of income received or receivable by each party; and of every other
fact relating in any way to the subject matter of this Agreement.
These disclosures are part of the consideration made by each party
for entering into this Agreement. Each party further represents
and warrants that there are no undisclosed debts or obligations for
which the other party may be liable, and each party shall indemnify
and hold haI1llless the other party from any such liabUittes,
including attorneys' fees and costs.
16. Costs to Enforce. In the event that either party
defaults In the performance of any duties or obligations required
by the teras of this "gre_ent, and leqal proceedings are oOlfmenced
to enforce such duty or obligations, the part.y found to be in
default shall be liable for costs. If either party shall be found
to have acted in bad faith with respect to such duty or obligation
or the enforcement thereof, said party shall be liable for the
other's reasonable attorneys' fees, incurred as a result of such
proceedings.
17. Aoreement Voluntarv and Clearlv Understood.
Each party to this Agreement acknowledges and declares that he or
she respectively:
(a) Is fully and completely informed as to the
facts relating to the subject matter of this Agreement
and as to the rights and liabilities of both parties;
(b) Enters into this Agreement voluntarily after
receiving the advice of independent counselor, having
been advised to consult independent counsel, has
knowingly and voluntarily chosen to forego such
consulta tion;
(cl Has given careful and mature thought to the
making of this Agreement;
(dl Has carefully read each proviSion of this
Agreement; and
(e) Fully and completely understands each provision
of this Agreeaent, both as to the subject utter and
legal affect.
18. All\endaent or ......ification. This Agreeaent uy be
amended or .edified only by a written instrument signed by both
partiea.
19. !oDUcable La". This Agreeaent ahall be governed,
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construed and enforced under the statute and case law of the
Commonwealth of Pennsylvania.
20. Soousal Suooort. In consideration of the terms
hereof, Husband and Wife mutually agree to waive any claim either
may have for alimony or spousal support.
21. Counteroarts. This Agreement may be executed in
separate counterparts, each counterpart deemed an original and when
combined represents the legal binding intent of the parties hereto.
22. Severabilitv. If any part of this Agreement is
determined to be invalid by a court of competent jurisdiction, such
determination shall not invalidate the entire document but shall
apply only to that phrase, sentence, paragraph or section. The
remainder of the sentence, paragraph, section and Agreement shall
continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written:
WITNESS:
WIFE:
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WITMUS:
HUSBAND:
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: I N TilE COUIlT O~' COHMON I'I.I;^S
Nichae 1 J. Kane, :
Plaintiff : CUHOERLAND COUNTY. PENNSYLVANIA
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VS. : CIVIL DIVISION
.
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Yvette Kane, . NO.96-5454 CIVIL TERM
.
Defendant :
PRAECIPE TO TRANSHIT RECORD
To the Prothonotary:
Transmit the record, together vith the following infor.ation to
the court for entry of a divorce decree:
I. Ground for divorce: irretrievable breakdown under S3301(c)
~of the Divorce Code. (Strike out inapplicable section).
2. Date and manner of service of tho complaint: October 31, 1996
Personally handed to Defendant who accepted service
1. Complete either paragraph (a) or (bl.
(a) Date of execution of the affidavit of consent required
by SllOI(c) of the Divorce Codo: by plaintiff November 11, 1997
by defendant November 11, 1997
(b)(l) Date of execution of the affidavit required by S330l(d)
of the Divorce Code: : (2) Date of fi11ng and
service of the plaintiff's affidavit upon tho r~spondent:
4. Related claias pending: None
~. co.pleto either (a) or (b).
(a) Date and ~nner of service of the notice of intention to
fUe praecipe to tran_it record. a copy of which is attached:
(bt Date plaintiff's Waiver of NOtice in IJJ01(c) Divorce va.
Ck led vilh the Prothonotary: :'\on'lllb.-r . \,,1(17
Date defendant's Waiver of Notice in 13J01(0) Divorce v..
rUed with the Prothonotary: Nol,,,,,,,,"'r . 14'~;
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In the Court of Common Pleas of
Cumberland County, Pennsylvania
Michael J. Kane, )
Plaintiff )
) No. of 1996
vs. ) 91.. S"IS~I ~,~,'l Ii IZ. "/
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Yvette Kane, )
Defendant )
COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE
1. Plaintiff is Michael Joseph Kane, who currently resides
at 4182 Antelope Court, N111, Mechanicsburg, Cumberland County
Pennsylvania since September 13, 1996.
2. Defendant is Yvette Kane, who currently resides at 506
Partridge Court, Mechanicsburg, Cumberland County, Pennsylvania
since August of 1991.
3. Plaintiff and Defendant have been bona fide residents in
the Commonwealth for at least six months previous to the filing of
this Complaint.
4. The Plaintiff and Defendant were married on September 18,
1982 at Littleton, Arapahoe County, Colorado.
5. There have been no prior actions of divorce or for
annulment between the parties.
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 for participate in counseling.
8. Plaintiff requests the court to enter a decree of
divorce.
I verify that the statements make in this Complaint are true
and correct. I understand that false statements herein are made
subject to penalties of 18 Pa.C.S. S 4904, relating to unsworn
falsification to authorities.
Date: ~ ) r ,ol1t.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE NO.
MICHAEL J. KANE,
Plaintiff
YVETTE KANE,
Defendant
NO. 96-5454
WAIVER 01' NOTICE 01' INTENTION TO REQUEST ENTRY
01' A DIVORCE DECREE UNDER SECTION 3301(c)
01' THE DIVORCE CODE
1. I consent to the entry of a final Decree of
Divorce without notice.
2. 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.
3. 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. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S.A. Section 4904,
relating to unsworn falsification to ~uthorities.
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In the Court of Common Pleas of
Cumberland County, Pennsylvania
Michael J. Kane, )
Plaintiff )
) No. 96-5454
VB. ) Civil Term
)
Yvette Kane, )
Defendant )
ACCEPTANCE OF SERVICE
I accept service of the COMPLAINT UNDER SECTION 3301(c) OR
3301(dl OF THE DIVORCE CODE. I certify that I am authorized to
accept service on behalf of defenda t.
/O/~lly(,
Date
506 Partridge Court
Mechanicsburg, PA 17055-2597
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MICHAEL J. KANE,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
IN DIVORCE NO. 96-5454
YVETTE KANE,
Defendant
PRAECIPB TO ENTER APPEARANCB
TO THE PROTHONOTARY:
.
Please enter the appearance of John R. Fenstermacher,
Bsquire and the Offices of Fenstermacher and Associates, on
behalf of Yvette Kane in the above matter.
Respectfully submitted,
AND ASSOCIATES
er
DATED: /lINIn
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