HomeMy WebLinkAbout00-02520
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
JENNIFER A. SMITH,
Plaintiff
VERSUS
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THOMAS W. SMITH,
Defendant
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AND NOW'~
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DECREED THAT
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PENNA.
NO. 2000-2'\:10 rTVTT. TRRM
DECREE IN
DIVORCE
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, 2001 , IT IS ORDERED AND
JENNIFER A. SMITH
, PLAINTIFF,
THOMAS W. SMITH
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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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;
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None_ The parties I Post Nuptial Agreement dated ,June 4. 2001
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is incorporated but not merged into this Decree.
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LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
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JENNIFER A. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2000-2520 CIVIL TERM
: CIVIL ACTION - LAW
THOMAS W. SMITH,
Defendant
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO: Prothonotary of Cumberland County:
Please transmit the record, together with the following information, to the Court for entry
of a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce
Code,
2. Date and manner of service of Complaint: by personal service on Defendant on June
27,2000 (see Affidavit of Service filed herein).
3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the
Divorce Code: by the Plaintiff: June 13,2001; by the Defendant: June 13,2001.
4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff:
June 13, 2001; by the Defendant: June 13, 2001.
5, Related pending claims: None.
SNELBAKER, BRENNEMAN & SPARE, P. C.
Date: June 14,2001
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By:
Attorneys for Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO.2000- ;;)S;;x) CIVIL TERM
CIVIL ACTION - LAW
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JENNIFER A. SMITH,
Plaintiff
THOMAS W. SMITH,
Defendant
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
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 divorce is indignities or irretrievable breakdown of the marriage,
you may request that the court require you and your spouse to attend marriage counseling prior
to a divorce decree being handed down by the court, A list of marriage counselors is available in
the Office of the Prothonotary at the Cumberland County Court House, Carlisle, You are
advised that this list is kept as a convenience to you and you are not bound to choose a counselor
from the list. All necessary arrangements and the cost of counseling sessions are to be borne by
you and your spouse.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM,
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
SNELBAKER, BRENNEMAN & SPARE, P.C.
LAW OFFICES
SNELBAKER,
BRENNEMAN
8: SPARE
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By
Attorneys for Plaintiff
L.AW OFFICES
SNEI-BAKER.
BRENNEMAN
& SPARE
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JENNIFER A. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
NO. 2000- .2:'-.2 0 CIVIL TERM
CIVIL ACTION - LAW
v.
THOMAS W. SMITH,
Defendant
IN DIVORCE
COMPLAINT
COUNT I - DIVORCE
1. Plaintiff JENNIFER A. SMITH, is an adult individual residing at 320 Franklin Street,
Carlisle, Cumberland County, Pennsylvania 17013,
2. Defendant THOMAS W. SMITH, is an adult individual residing at 17 Quarry Hill
Road, Newville, Cumberland County, Pennsylvania 17241.
3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of
Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were lawfully joined in marriage on August 12, 1995 in
Newville, Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties
hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph
4, above.
6, Neither party is a member of the armed forces of the United States of America.
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
7. The Plaintiff avers as the grounds upon which this action is based is that the marriage
between the parties hereto is irretrievably broken,
8. The Plaintiff has been advised that counseling is available and that Plaintiff may have
the right to request that the Court require the parties to participate in counseling.
9. The Plaintiff requests this Court to enter a decree of divorce.
WHEREFORE, JENNIFER A. SMITH requests this Court to enter a Decree of Divorce,
divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and
Defendant.
COUNT I1- EOUlTABLE DISTRIBUTION
10. Paragraphs I through 9, inclusive, of this Complaint are incorporated by reference
herein.
11. The Plaintiff and Defendant have legally and beneficially acquired personal property
and debt during their marriage from August 12, 1995.
12, The Plaintiff and Defendant have not agreed as to any equitable distribution of the
personal property and debts,
WHEREFORE, Plaintiff JENNIFER A. SMITH requests this Court to order equitable
distribution of marital property,
WHEREFORE, the Plaintiff requests this Court to:
(a) enter a decree of divorce, divorcing the Plaintiff from the
bonds of matrimony;
(b) order equitable distribution of marital property; and
-2-
LAW OFFICe:S
SNEL8AKER,
BRENNEMAN
Be SPARE
( C) order such other relief as this Court deems just and reasonable.
SNELBAKER, BRENNEMAN & SPARE, P.C.
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Date: April 24, 2000
By:
Keith 0, Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055-0318
(717) 697-8528
Attorneys for Plaintiff Jennifer A. Smith
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LAW OFFICES
SNELBAKER.
BRENNEMAN
8: SPARE
VERIFICATION
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I verify that the statements made in the foregoing Complaint are true and correct, I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4909 relating to unsworn falsification to authorities.
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Jenru er A. th
Date: April 24, 2000
JENNIFER A. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
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NO. 2000- CIVIL TERM
CNIL ACTION - LAW
THOMAS W. SMITH,
Defendant
INDNORCE
AFFIDAVIT
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JENNIFER A. SMITH, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling,
2, I understand that the court maintains a list of marriage counselors in the Office of the
Prothonotary, which list is available to me upon request.
3, Being so advised, I do NOT request that the court require my spouse and I participate
in counseling prior to a divorce decree being handed down by the court,
I understand that false statements herein are made subject to the penalties of 18 Pa, C,S,
9 4904 relating to unsworn falsification to authorities.
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(plaintiff)
LAW OFFICES
SNELBAKER.
BRENNEMAN
B: SPARE
Date: April 24, 2000
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JENNIFER A SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 2000-2520
CIVIL ACTION - LAW
CIVIL TERM
THOMAS W. SMITH,
Defendant
INDNORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA)
SS.
COUNTY OF CUMBERLAND
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I, Keith O. Brenneman, Esquire, being duly sworn according to law depose and say: that
I am a principal in the law firm of Snelbaker, Brenneman & Spare, P. C" the attorneys
representing Plaintiff Jennifer A Smith in the above-captioned action; that I engaged the services
of Constable Edmund J. Gagliardi, an adult individual, for purposes of serving process upon the
Defendant in the above-captioned action in divorce; that on June 27, 2000 Edmund J Gagliardi
did personally serve Defendant Thomas W, Smith with a certified copy of the Divorce
Complaint filed in the above-captioned action at said Defendant's place of employment; that
attached hereto is the original Return of Service completed by Edmund 1. Gagliardi; and that the
foregoing facts are true and correct to the best of my knowledge, information and belief.
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Keith 0, Brenneman, Esquire
Snelbaker, Brenneman & Spare, P. C.
44 W. Main Street
Mechanicsburg, P A 17055
(717) 697-8528
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
Swom to and subscribed before me
this 29th day ofJune, 2000.
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VERIFICATION
I verify that the statements made in this return of service
are true and correct. I understand that unsworn statements herein
are made subject to the penalties of 18 Pa. C.S.A. Section 4904,
relating to unsworn falsification to authorities.
DATE: J:".v!:d-7, ~
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LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
JENNIFER A. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO, 2000-2520 CIVIL TERM
: CNIL ACTION - LAW
THOMAS W. SMITH,
Defendant
: IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(C) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
April 24, 2000.
2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of the filing and service ofthe Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
4. 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. S 4904, relating to
unsworn falsification to authorities,
Date: June 13, 2001
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LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
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JENNIFER A. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO. 2000-2520
CIVIL ACTION - LAW
CIVIL TERM
THOMAS W. SMITH,
Defendant
IN DIVORCE
PLAINTIFF'S WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. 1 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. 1 understand that 1 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.
4. 1 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. S 4904 relating to
unsworn falsification to authorities.
Dme: June 13, 2001
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LAW OFFICES
SNELBAKER.
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JENNIFER A. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2000-2520
CIVIL ACTION - LAW
CIVIL TERM
THOMAS W. SMITH,
Defendant
IN DIVORCE
DEFENDANT'S AFFlDA VIT OF CONSENT
UNDER SECTION 3301(C) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
April 24, 2000,
2. The marriage ofthe Plaintiff and the Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of the filing and service of the Complaint.
3. 1 consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
4. 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. S 4904, relating to
unswom falsification to authorities.
Dme: June 13, 2001
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(Defendant)
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LAW OFFICES
SNEL8AKER.
BRENNEMAN
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JENNIFER A. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2000-2520 CIVIL TERM
: CIVIL ACTION - LAW
THOMAS W. SMITH,
Defendant
: IN DIVORCE
DEFENDANT'S WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
I. 1 consent to the entry of a final decree of divorce without notice.
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2. 1 understand that I may lose rights conceming alimony, division of property, lawyer's
fees, or expenses if I do not claim them before a divorce is granted.
3, 1 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.
4. 1 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. S 4904 relating to
unsworn falsification to authorities,
Dme: June 13, 2001
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(Defendant)
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LAW OFFICES
SNELBAKER.
BRENNEMAN
8: SPARE
JENNIFER A. SMITH,
Plaintiff
vs.
THOMAS W. SMITH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000 - 2520 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Please reinstate the Divorce Complaint filed in the above captioned matter.
Date: June 12, 2000
By:
Keith O. Brenneman, Esquire
44 West Main Street
P.O. Box 318
(717) 697-8528
Mechanicsburg, P A 17055-0318
Attorneys for Plaintiff, Jennifer A. Smith
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JENNIFER A. SMITH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION LAW
V8.
NO. 00 _ 2520
IN DIVORCE
CIVIL
19
THOMAS W. SMITH
Defendant
STATUS SHEET
DATE:
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ACTIVITIES:
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JENNIFER A. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 2520 CIVIL
THOMAS W. SMITH,
Defendant
IN DIVORCE
TO: Keith O. Brenneman
Attorney for Plaintiff
Thomas W. Smith Defendant
DATE: Thursday, April 12, 2001
CERTIFICATION
I ce~tify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
inte~rogatories or discovery motions.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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IN THE COURT OF CO~fMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER A. SMITH,
Plaintiff
vs.
THOMAS W. SMITH,
Defendant
NO.
2000-2520
19
HOTION FOR APPOINTMENT OF }1ASTER
Jennifer A.' Smith (Plaintiff) IjQeXx~, moves the court to appoint
a master with respect Co che following claims:
(X)J: Divorce ( ) Distribution of Property
( ) Annulment ( ) Support
( ) Alimony ( ) Counsel Fees
( ) Alimony Pendente Lite ( ) Costs and Expenses
and in support of the motion states:
(1) Piscovery is complete as to the c1aims(s) for which the
appointment of a master is requested.
(2) The defendant (~) (has
(b~U:~it
(3) The staturory ground(s)
not) appeared in the action (personally)
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for divorce Jt:ist)r (are) Section 3301(d)
(4) Pelete the inapplicable paragraph(s):
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following claims:
(c) The action is contested with respect to the following
and equitable distribution -
The action (involves) ::t~:l!llUI:~JQ:) complex issues of law
claims:
divorce
(5)
or fact.
Date:
The hearing is expected to take 4 (hours) Jt~.
Additional information, if any. relevant to the motion: N/A
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~ttorney tor a~nt~t
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ORDER APPOINTING MASTER
AND NOW !/u"Yj/ ,~, El~.;J- 4k/"-u
is appointed m ter wich respect to the following claims: a:LL--
(6)
(7)
April 6, 2001
Esquire,
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JENNIFER A. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 2520 CIVIL
THOMAS W. SMITH,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW. this
I~
<l..1...~
day of ~
2001, counsel for plaintiff and Defendant who is pro se
having failed to return the certification document to the
Master's office which was dated April 12, 2001, certifying
the status of discovery, the appointment of the Master is
vacated.
BY THE COURT,
J.
Thomas W. Smith
Defendant
tr:1
JJ
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cc:
Keith O. Brenneman
Attorney for Plaintiff
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