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OF CUMBERLAND COUNTY
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STATE OF i~ PENNA.
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'1 No, ......n..::...H94 ................. 19
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....VICKI.L..li'OX,..
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Plaintiff
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MIOJAEL C. FOX,
Defendant
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DECREE IN
DIVORCE
AND NOVII, ...U~,.l.b.... 19,~, it is ordered and
decreed that .................. ~qq:.~,. ~1C. . . .. . . .. . .. .. . .. .., plaintiff,
and ............... . . . . . . . . . .l-!I.~ .C:'. .~~ . . . . . . . . . . . . , . . . . ., 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 r~fo~.-!n thi~ action for which a final order has not yet
been entered; ~
It is further ordered and decreed that the Marriage Settlanent Agreement
executEd .by -and .between 'the .parties .dated .October .26; '1999 'is .incorporated
by reference into this Decree for the purposes of enforcanent, but shall
iicit: 00 'deiaried '00 'have l:iEieri .merged .witJi .tlUs .oecree: . . .<. . . . . . . . , . . . . , . . . . .
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MARRTA.l~F. SF.TTT.F.MF.NT ACwRF.F.MF.NT
AGREEMENT MADE this Zv~day of CJc..J.dber"' ,1999, by and
between VICKI L. FOX ("Wife") - AND - MICHAEL C. FOX ("Husband"), at Harrisburg,
Pennsylvania.
WHEREAS, the parties hereto are husband and wife having been married on May 21, 1972, at
Great Neck, New York.
WHEREAS, two (2) children were born of this marriage; said children being:
Matthew Fox, date of birth, March 12, 1981;
Meredith Fox, date of birth, November I, 1984.
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural
lives, and the parties desire to settle fully and finally their respective financial and property rights and
obligations as between each other including, without limitation by specification: settling of all matters
between them relating to the ownership and equitable distribution of real and personal property; settling
of all matters between them relating to the past, present and future support, alimony and/or maintenance
of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt
of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally
bound hereby, covenant and agree as follows:
1. nlvorre and Separation. The parties agree to the entry of a decree in divorce pursuant
to Section 3301(c) of the Divorce Code of1980. 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 whatsoever by the other.
Neither party shall molest the other or 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.
The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of
Cumberland County, Pennsylvania at docket number 97 - 1404. The parties agree that they will execute
Affidavits of Consent in the aforementioned matter.
2. nivldnn nf Property. Husband and Wife agree that the following constitutes an
equitable distribution ofthe marital property.
A. HII~hanrl'~ Prnperty, The following property shall become the sole and
exclusive property of Husband:
1. Dean Witter Account No. 410-035323-049;
2. Dean Witter Account No. 410-023483-049;
3. Dean Witter Retirement Account No. 410-027290 and any subsequent
account containing funds rolled over from this account;
4. Husband's Rite-Aid 401(k);
5. Husband's stock options issued through his employment with Rite-Aid;
6. T.Rowe Price IRA No. 521173437-7;
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signing of this Agreement.
10. PNC Bank Checking Account No.5 1-40 18-8255 with an approximate
balance of$9,489;
11. Mellon Checking Account No. 100-0082675, following the transfer to
Husband of$4,010 pursuant to paragraph 2.A 9 above;
12.1992 Volvo automobile;
13. 1985 Volvo automobile. The parties agree that this car shall be used
for their son.
14. Husband shall deliver $5,000 to Wife upon the signing of this
Agreement. This payment is part of property distribution and shall not be considered
alimony.
15. All household goods and antiques currently in Wife's possession.
C. The parties jointly own a condominium at Hollywood Beach, Florida, Unit
No. 754. This property is listed for sale. Upon the sale of the property, the costs of sale,
including but not limited to, real estate commissions and transfer taxes, shall be deducted
from sale and the net proceeds divided equally between the parties.
D. rhllrlrpn'~ Propprty. The parties acknowledge that there are accounts
established at Harris Savings Bank for the benefit of their minor children. Husband is
currently named as the custodian on these accounts. The parties agree that neither one of
them shall take any action which would defeat the children's interest in these accounts.
Wife's name shall be added as joint custodian and both parties shall be required to
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consult with and obtain the other party's consent prior to the withdrawal of any funds
from these accounts.
3. :Iaus. The parties have heretofore filed joint federal and state tax returns. Both parties
agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment
of any such tax is made against either of them, each will indemnify and hold harmless the other from and
against any loss or liability for any such tax deficiency or assessment and any interest, penalty and
expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and
entirely by the individual who is finally detennined to be the cause of the misrepresentations or failures
to disclose the nature and extent of his or her separate income on the aforesaid joint returns.
4. Addltlnngl nMllmpntgtlnn. The parties agree to execute any deeds, assignments, titles
or other instruments necessary and appropriate to accomplish the aforesaid division of property.
5. Trgn.rpr. SlIhJpl't tn Ryldlng '.Ipn.. Notwithstanding any other provisions in this
document all property transferred hereunder is subject to the existing lien or liens set forth above. The
respective transferee of such property agrees to indemnify and save harmless the other party from any
claim or liability that such other party may suffer or may be required to pay on account of such lien or
encumbrance.
6. Rppr...pntgtlnn. gnd Wgrnntlp<. The parties represent and warrant to each other that
the property described in this Agreement represents all of the property in which they have any right, title
and interest, and that such property is subject to no mortgage, pledge, lien, security interest,
encumbrance or charge except those which are disclosed herein.
7. Rqllltghlp n1vldnn. By this Agreement the parties have intended to effect an equitable
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division of their jointly owned property. The parties have detennined that an equitable division of such
property confonns to ajust and right standard, with due regard to the rights of each party. The division
of existing marital property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other property not
constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as
non-taxable.
8. Rl'lInqnl.hmrnt nr RIghts. Except as expressly provided herein, Husband forever
relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets
now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or
hereafter have in any tangible or intangible assets now belonging to Husband.
9. Ar,rr_Arqnlrrl! Prnpprty. Each of the parties shall hereafter own and enjoy
independently of any claim or right of the other, all items of property, be they real, personal or mixed,
tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to
dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were
unmarried.
10. 1lcl1ts.
A. The first mortgage associated with the property situate at 460 Arlington Road, Camp HiI1,
Pennsylvania shall be the sole responsibility of Wife.
B. The second mortgage associated with the property situate at 460 Arlington Road, Camp
HiI1, Pennsylvania in the approximate amount of$41,309 shall be the sole responsibility of Husband.
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Husband shall take whatever action is necessary to pay this obligation in full within 30 days of the date
of this Agreement.
C. The parties' joint obligation to Fox-Gastaldo Associates, a partnership, in the
approximate amount ofapproximately $21,000.00 shall be the sole responsibility of Husband.
D. Husband shall assume all tax liability resulting from the sale of the following jointly held
assets:
1. 101 North Ocean Drive, Unit 546, Hollywood Beach, Florida;
2. 616 Colonial View, Mechanicsburg, Pennsylvania; and
3. 2906/2907 Atrium Villa, Seabrook Island, South Carolina.
11. '.IAhllltip.. All debts, contracts, obligations or liabilities incurred at any time in the past
or future by either party will be paid promptly by said party, unless and except as otherwise specifically
set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that
each will now and at all times hereafter save hannless and keep the other or his or her estate indemnified
and save hannless from all debts or liabilities incurred by him or her, as the case may be, and from all
actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the
date of this Agreement, contract nor incur any debt or liability for which the other or his or her property
may be responsible, and shall indemnify and save hannless the other from any and all claims or demands
made against him or her by reason of debts or obligations incurred by him or her and from all expenses,
legal costs, and counsel fees unless provided to the contrary herein.
12. Conn...1 Fpp., Co.t. An" F.yppn.p.. Husband shall pay the fees charged by John
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Sheridan, CPA, from October 21, 1999 through the signing of this Agreement. Each party shall be
responsible for all other legal fees, costs and expenses they have respectively incurred in connection
with their separation and/or the dissolution oftheir marriage.
13. Allmon)'. In exchange for and in consideration of the promises and representations made
hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or
demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the
other or the respective separate property ofthe other under the laws of the Commonwealth of
Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal
support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative,
pennanent or lump sum and right to seek equitable or community distribution or division or assignment
of property or similar marital rights.
Notwithstanding the above, Husband shall continue to pay Wife $1,306 per month through
December, 1999.
14. C.ollpgl'Support. The parties acknowledge and agree that Husband shall pay two-thirds
of the college expenses and Wife shall pay one-third of the college expenses incurred by their children
that exceed funds received from grants, scholarships, children's earnings, educational loans and funds
available from Unifonn Gift to Minors Accounts or other accounts established for the benefit of the
children's college education in obtaining a four-year undergraduate degree. The payments by the parties
are conditioned upon consultation in advance by the children as to the selection of school and
curriculum. The children must maintain a minimum ofa "C" average. College expenses include, but
are not limited to, payments for room and board, books, tuition, fees and travel.
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15. 1.I(p In~lIron..e. The children shall be named as sole irrevocable beneficiaries on all
policies Husband and Wife have in existence now insuring their lives. See attached Exhibit "A" for a
schedule oflhese policies. The parties shall maintain said policies until the youngest living child attains
age 22.
16. FilII n1.pln~lIrl'. The respective parties do hereby warrant, represent and declare and do
acknowledge and agree that each is and has been fully and completely infonned of and is familiar with
and cognizant oflhe wealth, real and/or personal property, estate and assets, earnings and income oflhe
other and that each has made a full and complete disclosure to the other of his or her entire assets and
liabilities and any further enumeration or statement thereof in this Agreement is specifically waived.
17. Rpll'Ul'~. Each party does hereby remise, release, quitclaim and forever discharge the
other and the estate of the other from any and every claim that each other may now have, or hereafter
have or can have at any time, against the other, or in and to or against the other's estate, or any part
thereof, whether arising out of any fonner contracts, engagements or liabilities of the other, or by way of
dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take
against each other's will, or for support or maintenance, or of any other nature whatsoever, except any
rights accruing under this Agreement.
18. Indpmnlfipotlnn. Each party represents and warrants to the other that he or she has not
incurred any debt, obligation, or other liability, other than described in this Agreement, on which the
other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding
is hereinafter initiated seeking to hold the other party liable for any other debts, obligations,liability, act
or omission of such party, such party will at his or her sole expense, defend the other against any such
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that it is not the result of any collusion or improper or illegal agreement or agreements.
21. Rrpn~h. It is expressly stipulated that if either party fails in the due perfonnance of any
of his or her material obligations under this Agreement, the other party shall have the right, at his or her
election, to sue for damages for breach thereof, to sue for specific perfonnance, or to seek any other
legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any
services rendered by the non-defaulting party's altomey in any action or proceeding to compel
perfonnance hereunder.
22. F.YP~1I110n of nO~lImpnts. Each party shall on demand execute any other documents that
may be necessary or advisable to carry out the provisions of this Agreement.
23. Modlfi~ntlon. No modification, rescission or amendment to this Agreement shall be
effective unless in writing signed by each of the parties hereto.
24. Spvprnhlllty. If any provision of this Agreement is held by a Court of competent
jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless
survive and continue in full force and effect without being impaired or invalidated in any way.
25. Appll~nhtp '.nlY, This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
26. Agrppmpnl Nol 10 hI' Mprgpd, This Agreement may be filed with the Court for
incorporation into the Decree of Divorce for purposes of enforcement only, but othelWise shall not be
merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce
Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this
II
VICKI L. FOX,
PLAINTIFF
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1'7- /4()~ ~~L
MICHAEL C. FOX,
DEFENDANT
CIVIL ACTION - DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BIKH SUID 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
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 the divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counseling. A
list of marriage counselors is available in the Office of the
Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania,
17013.
I. YOU DO NOT .ILI A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FIlS OR IXPKHSIS BEFORI A DIVORCE OR ANNULMENT IS GRANTED,
YOU KAY LOSE THE RIGHT TO CLAIM ANY OF THEK.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVI A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICI SIT
FORTH BELOW TO .IND OUT WHERI YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUXBERLAHD COUNTY COURTHOUSE, 4TH FLOOR
ONE COURTHOUSE SQUARE
CARLISLI, PA 17013-3387
(717) 240-6200
AMERICANS WITH DISABILITIES ACT or 1990
The Court of Common Pleas of Cumberland County is required by law
to comply with the Americans with Disabilities Act of 1990. For
information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the Court,
please contact our office. All arrangements must be made at least 72
hours prior to any hearing of business before the Court.
VICKI L. FOX,
PLAINTIFF
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1 '1- I Yo I( 6;;..f 77/-1-"-
MICHAEL C. FOX,
DEFENDANT
CIVIL ACTION - DIVORCE
TO TRB BOHORABLB, TUB JUDGBS OF SAID COURT:
AND HOW, comes Plaintiff, Vicki L. Fox, by her attorneys, SMIGEL,
ANDERSON & SACKS, and represents as follows:
1. Plaintiff is Vicki L. Fox, who currently resides at 460
Arlington Road, Camp Hill, Pennsylvania 17011 and has resided there
since on or about August, 1986.
2. Defendant is Michael C. Fox, who currently resides at 2319
Yale Avenue, Camp Hill, Pennsylvania 17011 and has resided there since
on or about March, 1997.
3. Both Plaintiff and Defendant have been bona fide residents in
the Commonwealth for at least six (6) months immediately previous to
the filing of this Complaint.
4. The Plaintiff and Defendant were married on May 21, 1972, at
Great Neck, New York.
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 to participate in counseling.
e. Plaintiff avers that there are children of the parties under
the age of 18, namely: Matthew Fox, date of birth March 12, 1981, and
Meredith Fox, date of birth, November 1, 1984.
t. Plaintiff requests the court to enter a decree of divorce.
COUNT I
EOUITABLE DISTRIBUTION
10. Plaintiff repeats and realleges the averments of paragraphs
1 through 9 which are incorporated by reference herein.
11. Plaintiff and Defendant possess various items of both real
and personal marital property which is subject to equitable
distribution by this Court.
WHERBFORB, Plaintiff requests this Court to equitably distribute
the marital property after an inventory and appraisement has been
filed by the parties.
COUNT II
ALIMONY UNDER SBCTION 3701 OF THE DIVORCB CODB
12. Plaintiff repeats and real leges the averments of paragraphs
1 through 11 which are incorporated by reference herein.
13. Plaintiff requires support to adequately maintain herself in
accordance with the standard of living established during the
marriage.
WHERBrORB, Plaintiff requests the Court to award her reasonable
alimony pursuant to Section 3701 of the Divorce Code.
COUNT III
ALIMONY PBNDENTB LITB. COUNSEL FEES. COSTS AND
BXPENSES UNDER SECTION 3702
14. Plaintiff repeats and realleges the averments of paragraphs
- 2 -
1 through 13 which are incorporated by reference herein.
15. Plaintiff has no adequate means of support for herself
during the course of this litigation.
1'. plaintiff does not have sufficient funds to pay counsel
fees, costs or expenses incidental to this action.
17. Plaintiff has no health insurance other than that presently
available to her through Defendant's employment.
WHBRBFORB, Plaintiff requests the Court to award her alimony
pendente lite, counsel fees, costs and expenses.
COUNT IV
BXCLUSIVB POSSBSSION OF THB MARITAL HOMB
UNDER SBCTION 3502(c)
18. Plaintiff repeats and real1eges the averments of paragraphs
1 through 17 which are incorporated by reference herein.
It. Plaintiff requests the Court to order that she be entitled
to exclusive use of the family home on both an interim and permanent
basis.
WHBRBFORB, Plaintiff requests the Court to award her exclusive
use and possession of the marital home pursuant to section 3502(C) of
the Divorce Code.
SMIGBL,
DBRSON , SACKS
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BSQUIRB
Date: 3 -/~- 17
By:
LB OY SMIGBL,
1.0. #09617
ANN V. LEVIN, BSQUIRB
1.0. #70259
2917 NORTH FRONT STREET
HARRISBURG, PA 17110-1223
(717) 234-2401
ATTORNEYS FOR PLAINTIFF
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(b) Date Plaintifrs Waiver of Notice ill ~3301(e) Divorce was filed with the
prothonotary: October 28, 1999.
Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the
prothonotary: October 28, 1999.
Date: November 4, 1999
~:'GEL1~DE~O~ 7. 2
~oy Smigel, Esquire
\.D. # 09617
Ann V. Levin, Esquire
\.D. #70259
2917 North Front Street
Harrisburg,PA 17110
(717) 234-2401
Attorney for Plaintiff
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VICKI L. FOX,
PlaintilT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 97 - 1404
MICHAEL C. FOX,
Defendant
CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING
I. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on March 19, 1997.
2. The marriage of Plain tilT and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry ofa final Decree of Divorce after service of notice of intention to
request entry of the decree.
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. ~4904 relating to unsworn falsification
to authorities.
!
Date:
/ iJ. 1.6. q 1
c..
MICHAEL C. FOX
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VICKI L. FOX,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHAEL C. FOX,
Defendant
.
.
IN DIVORCE
NO. 97-1404 CIVIL TERM
RE: Pre-Hearing Conference Memorandum
DATE: Friday, April 9, 1999
Present for the Plaintiff, vicki L. Fox, are
attorneys LeRoy Smigel and Ann V. Levin. Michael C. Fox has
appeared on his own behalf because P. Richard Wagner, who is his
counsel, was unable to be present here today.
This action was commenced by the filing of a
complaint in divorce on March 19, 1997, raising grounds for
divorce of irretrievable breakdown of the marriage. Counsel for
wife has advised that their client and Mr. Fox has stated that
he will sign affidavits of consent and waivers of notice of
intention to request entry of divorce decree so that a divorce
can be concluded under Section 3301(c) of the Domestic Relations
Code.
The complaint also raised the economic claims of
equitable distribution, alimony, alimony pendente lite, and
counsel fees and expenses. Wife's counsel have indicated that
she may offer some testimony on the factor of marital misconduct
as that factor may affect wife's alimony claim but have
indicated that the testimony will not be more than an hour. Mr.
Fox has indicated that he does not have any testimony to offer
specifically on that factor, but, of course, will have the right
to answer any allegations which wife makes regarding conduct
issues.
The parties were married on May 21, 1972, and
separated December 6, 1996. They are the natural parents of two
children, Matthew, born March 12, 1981, and Meredith, born
November 1, 1984. The parties share custody of the children
with the children alternating weeks between the two households.
Wife is 48 years of age and resides at 460
Arlington Road, Camp Hill, Pennsylvania. She has a Bachelor's
degree and is a court reporter for Judge Rambo in the Middle
District Court. Her income from the court reporting job
consists of her set salary of $53,000.00 annually plus any
monies that she earns on transcripts which she is requested to
prepare during the year. The amount for transcripts varies.
Based on her set income, her bi-weekly gross is $2,087.20 and
her net is $1,501.98. Wife will provide Mr. Wagner with a copy
of her 1998 income tax return when it is prepared. Wife has
some residual neck problems arising out of a car accident which
occurred during the marriage, but the problems which she
continues to experience do not affect her ability to conduct her
work. She currently receives $500.00 a month for child support
and $1,306.00 for spousal support from husband. These payments
are by agreement and are not paid through the cumberland County
Domestic Relations Office.
Although the monies that husband is paying were
directed to be paid through proceedings in the Domestic
Relations Office, (he subsequently increased the child support
vOluntarily from $432.00 per month to $500.00 per month) he is
not making the payments as noted through Domestic Relations but
is paying directly. Wife has medical insurance coverage through
her employment.
Husband is 49 years of age and resides at 2319
Yale Avenue, camp Hill, Pennsylvania. He has a Juris Doctor
degree and is currently associate legal counsel with Rite Aid
Corporation. His annual gross income is $153,000.00 and in the
past he has received bonuses. The last bonus was paid in April
1998 which will be reflected on his income tax return for 1998.
However, Mr. Fox has indicated that there will be no bonus paid
in April 1999. Mr. Fox is directed to provide a copy of his
1998 income tax return to counsel for wife when it is available.
Mr. Fox indicated that his net bi-weekly income is $3,304.22
with a voluntary deduction for a retirement plan (401K) of
$324.87. Husband has not raised any health issues. He is
currently providing health insurance coverage for his wife and
children through his company plan.
The parties own real estate at 460 Arlington
Road, Camp Hill, Pennsylvania, where wife is residing. She
would like to remain in the home and husband has no problem
tranSferring the title to wife upon the final resolution of the
economic issues in the case. Counsel have both indicated the
house has a market value of $200,000.00, but Mr. Fox does
reserve the right to have the property appraised if there are
issues regarding the valuation of assets and he wants to bring
the value of the real estate to the current market value. The
property is subject to a first mortgage and a second mortgage.
The second mortgage has a total lien of around $41,000.00, but
Mr. Fox acknowledged that $15,000.00 of that loan was used by
him toward the purchase of a property where he is currently
living. According to rough calculations therefore, the total
marital obligation with respect to the liens against the real
estate is around $100,000.00 leaving an equity in the property
of around $100,000.00.
The parties sold a condominium at 616 Colonial
View, Mechanicsburg, Pennsylvania, and received net proceeds of
$10,700.00. Mr. Fox has indicated that there are taxes due
which he is going to pay as a result of the sale and that would
leave an actual net of around $5,700.00 for distribution.
The parties sold a property at Sea Brook Island
condos, south Carolina, and realized a loss of $28,852.00 and
also will be faced with a tax liability of nearly $20,000.00,
Mr. Fox is going to provide documentation of these numbers to
wife's counsel.
The parties own two condos at Hollywood Beach,
Florida. One has been sold, according to husband, realizing a
gain of $31,224.00 but there could be some tax consequences
which Hr. Fox will have his accountant compute and share that
information with Mr. Smigel. The other condo is for sale.
with respect to the Sea Brook condos, Mr. Fox
explained that because the income has been less over the last
year or so than the expenses, that there has been a need to draw
down on a line of credit to make expenses and that currently he
believes there is around $25,000.00 owed on the line of credit
to the partnership which consists of another family that owns
property at Sea Brook. Mr. Fox is going to provide
documentation of how he arrived at the $25,000.00 credit line
debt.
Mr. Fox bought a vehicle subsequent to the
separation which therefore is not marital. Wife has a marital
vehicle which is a 1992 Volvo, and Mr. Fox valued the vehicle at
separation at $14,500.00. Counsel for wife are going to advise
as to what value they will place on the vehicle after checking
the appropriate car books. The 1985 Volvo which the parties own
has been gifted to the son and will not be included in the
marital asset list.
The parties have various accounts listed on the
pretrial statements with Dean Witter, the New Cumberland Federal
Credit Union, Mellon Bank, and PNC. Counsel are requested to
prepare a stipulation for review by the Master and counsel at
least two weeks prior to the hearing so we can determine if the
amounts in those accounts can be stipulated to without having to
provide exhibits and testimony on the record regarding the
values.
Husband has, as noted, a 401K plan through his
employment which is funded by contributions basically by him.
The value of that account will be what it was at the date of
separation plus any interest factor applied to give a value to
the date of hearing showing the growth of the marital portion.
Wife has a pension with the federal government
and there is currently under review by the parties' experts a
computation showing the value taking into account the fact that
wife does not contribute to social security. Mr. Leister has
prepared a letter suggesting how that reduction should have been
made from the value and Mr. Smelzer is reviewing that
information currently.
The parties have distributed the household
tangible personal property, and it was husband's position that
the net value that wife has received is $17,500.00 which he
assessed to wife in the equitable distribution computation.
Husband did receive a few items and counsel can determine if
they need to be deducted from wife's value or valued and
assigned to husband.
Wife had an automobile accident claim during the
marriage and she received $6,700.00. That sum is a marital
asset.
Wife's counsel have advised that they intend to
make an argument regarding wife's contribution to husband
obtaining his law school degree. Apparently wife worked during
that time in law school, and she is claiming that she should be
given some consideration for equitable reimbursement.
The parties have no marital debt other than the
mortgage and the line of credit and as previously noted the debt
owed with regard to the expenses relating to the Sea Brook
Island condo.
Although Mr. Fox indicated that he does not
expect a bonus in April 1999, if he does receive any bonuses at
any other time during the year, he should make that information
available to wife's counsel.
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EXPENSES
HOME
Month
Mortgage
Maintenance (including exterminator)
Utilities
1,084
533
317
EMPLOYMENT
Parking
Lunch
Computer Insurance
95
100
18
INSURANCE
Homeowners
Automobile
Life
Health
Dental
Disability
AUTOMOBILE
Fuel
Repairs
77
63
90
137
13
23
87
75
MEDICAL
Doctor, Dentist, Orthodontist
Dentist
Physical Therapy
Special needs (glasses, counseling)
199
50
87
355
EDUCATION
Camp ($2,000 in 1998 - 1/3 = $666)
PERSONAL
Clothing
Food
Barber/Hairdresser
56
716
540
90
MISCELLANEOUS
Household Help
Papers/Books/Magazines/Pay TV
Entertainment
Vacation
Gifts
Allowances
Legal Fees
Temple
411
62
120
499
1,200
33
500
60
TOTAL
7,690
ASSETS OF PARTIES
Plaintiff marks on the list below those items applicable to the
case at bar and itemizes the assets on the following pages. If an
item has been appraised, a copy of the appraisal report is attached.
Real property
Motor vehicles
Stocks, bonds, securities and options
Certificates of deposit
Checking accounts, cash
Savings accounts, money market and savings certificates
Contents of safe deposit boxes
Trusts
Life Insurance policies (indicate face value and current
beneficiaries
Annuities
Gifts
Inheritances
Patents, copyrights, inventions, royalties
Personal property outside the home
Businesses (list all owners, including percentage of
ownership, and officer/director positions held by a party
wi th company.)
Employment termination benefits - severance pay, workman's
compensation claim/award
Profit sharing plans
Pension plans (indicate employee contribution and date plan
vests)
Retirement plans, Individual Retirement Accounts
Disability payments
Litigation claims (matured and unmatured)
Military/V.A. benefits
Education benefits
Debts due, including loans, mortgages held
Household furnishings and personalty (include as a total
category and attach itemized list if distribution of such
assets is in dispute
Other
(X) l.
(X) 2.
(X) 3.
(X) 4.
(X) 5.
(X) 6.
(X) 7.
( ) 8.
( ) 9.
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( ) 11.
( ) 12.
( ) 13.
( ) 14.
( ) 15.
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( ) 17.
(X) 18.
(X) 19.
( ) 20.
(X) 2l.
( ) 22.
( ) 23.
( ) 24.
(X) 25.
( ) 26.
LIABILITIES OF PARTIES
Plaintiff marks on the list below those items applicable to the
case at bar and itemizes the liabilities on the following pages.
SECURED
(X) l. Mortgages
( ) 2. Judgments
( ) 3. Liens
(X) 4. Other secured liabilities
UNSECURED
( 5. Credit card balances
( ) 6. Purchases
( ) 7. Loan payments
( ) 8. Notes payable
( ) 9. Other unsecured liabilities
CONTINGENT OR DEFERRED
( ) 10. Contracts or Agreements
( ) 11. Promissory notes
( ) 12. Lawsuits
( ) 13. Options
( ) 14. Taxes
( ) 15. Other contingent or deferred liabilities
100
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The parties were married May 21, 1972, in Great Neck, New
York; the first marriage for each. There were two (2) children
born unto the marriage, Matthew born March 12, 1981, and Meredith,
born November 1, 1984. The parties enjoy joint legal and joint
physical custody of the children.
II. Assets of the Parties.
1.
Dean Witter Liquid Assets account $ 6,534
NCFCU account $ 7,304
VLF- Mellon account 100-008-2675 $ 4,007
Certificate of Deposit $ 5,000
Mellon Bank Accounts
primary savings 00355-070102 $ 7,060
primary checking 884-012-5309 $ 5,696
account 884-012-5317 $ 2,438
account 884-012-5325 $ 733(1/2)
PNC account 51-4018-8255 $ 12,495
2.
3.
4.
5.
6. MCF - options - 2,250 vested 12/6/96 -
price 40.125-less grant price
20.50 (net 19.625) - proceeds
$44,156 less taxes @ 39.8% $ 26,582
7. Retirement accounts
MCF 401K
IRA
Dean Witter
$141,070
$ 2,324
$ 58,906
VLF Fed retirement
Defined benefit plan
Thrift savings plan
Dean Witter
IRA
$146,148
$ 19,952
$ 67,240
$ 2,324
8. Real property
Seabrook Island Condos
Hollywood Beach Condos
616 Colonial View, Mech
460 Arlington Rd, Camp Hill
9. Personal property
$ (-64,831) (est)
$ 24,710 (est)
$ 6,186(est)
$200,OOO(est)
MARRJAGF. SF.TTI.F.MF.NT AGRF.F.MF.NT
AGREEMENT MADE this :J~~day of Dc- .{c)ber ,1999, by and
between VICKI L. FOX ("Wife") - AND - MICHAEL C. FOX ("Husband"), at Harrisburg,
Pennsylvania,
WHEREAS, the parties hereto are husband and wife having been married on May 21, 1972, at
Great Neck, New York.
WHEREAS, two (2) children were born of this marriage; said children being:
Matthew Fox, date of birth, March 12, 1981;
Meredith Fox, 'date of birth, November I, 1984.
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural
lives, and the parties desire to settle fully and finally their respective financial and property rights and
obligations as between each other including, without limitation by specification: settling of all matters
between them relating to the ownership and equitable distribution of real and personal property; settling
of all matters between them relating to the past, present and future support, alimony and/or maintenance
of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt
of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally
bound hereby, covenant and agree as follows:
1. n1vnrl'P Anr! SppArAtlnn. The parties agree to the entry ofa decree in divorce pursuant
7. Mellon Savings Account No. 00355-070102;
8. Mellon Checking Account No. 884.012-5309;
9. The sum of$4,010 from Mellon Checking Account No. 100.00-82675;
and
10. Mellon Account No. 884.012-5317.
B. Wlfp'. Prnpprty The following property shall become the sole and
exclusive property of Wife:
1. The marital home situate at 460 Arlington Road, Camp Hill,
Pennsylvania;
2. Harris Account No. 150024075, approximately $7,208;
3, Dean Witter Retirement Account No. 410 035553 and any subsequent
account containing funds rolled over from this account;
4, New Cumberland Federal Credit Union Account No. 041948;
5. Wife's pension through her employment with the federal government;
6. Wife's Thrift Savings Plan through her employment with the federal
government;
7. T.Rowe Price IRA No, 521173441-6;
8. Wife's Certificate ofDeposit with Mellon Bank;
9. The sum of$8,128 from Mellon Account No. 884-012-5325. It is
recognized by the parties that this account is held jointly by Husband with a third party,
Mr. Zlotoff. The sum of$8,128 shall be transferred from this account to Wife upon the
3
signing ofthis Agreement.
10. PNC Bank Checking Account No.5 1.4018-8255 with an approximate
balance of $9,489;
11. Mellon Checking Account No. 100-0082675, following the transfer to
Husband of$4,010 pursuant to paragraph 2.A 9 above;
12.1992 Volvo automobile;
13.1985 Volvo automobile. The parties agree that this car shall be used
for their son.
14. Husband shall deliver $5,000 to Wife upon the signing of this
Agreement. This payment is part of property distribution and shall not be considered
alimony.
15. All household goods and antiques currently in Wife's possession.
C. The parties jointly own a condominium at Hollywood Beach, Florida, Unit
No, 754. This property is listed for sale. Upon the sale of the property, the costs of sale,
including but not limited to, real estate commissions and transfer taxes, shall be deducted
from sale and the net proceeds divided equally between the parties.
D. Chlltlr..n'~ Property. The parties acknowledge that there are accounts
established at Harris Savings Bank for the benefit of their minor children. Husband is
currently named as the custodian on these accounts, The parties agree that neither one of
them shall take any action which would defeat the children's interest in these accounts,
Wife's name shall be added as joint custodian and both parties shall be required to
4
consult with and obtain the other party's consent prior to the withdrawal of any funds
from these accounts.
3. Iaw. The parties have heretofore filed joint federal and state tax returns. Both parties
agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment
of any such tax is made against either of them, each will indemnify and hold harmless the other from and
against any loss or liability for any such tax deficiency or assessment and any interest, penalty and
expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and
entirely by the individual who is finally determined to be the cause of the misrepresentations or failures
to disclose the nature and extent of his or her separate income on the aforesaid joint returns.
4. Additional nMnm~ntation. The parties agree to execute any deeds, assignments, titles
or other instruments necessary and appropriate to accomplish the aforesaid division of property.
5. Tran.fpr. Snl1Jppt to F.Yidlng T .I~n.. Notwithstanding any other provisions in this
document all property transferred hereunder is subject to the existing lien or liens set forth above, The
respective transferee of such property agrees to indemnify and save harmless the other party from any
claim or liability that such other party may suffer or may be required to pay on account of such lien or
encumbrance.
6. Rpprp<~ntatlon. and Warrantl.<. The parties represent and warrant to each other that
the property described in this Agreement represents all ofthe property in which they have any right, title
and interest, and that such property is subject to no mortgage, pledge, lien, security interest,
encumbrance or charge except those which are disclosed herein.
7. F.qnltahl~ Dlvl.lon. By this Agreement the parties have intended to effect an equitable
5
division of their jointly owned property. The parties have determined that an equitable division of such
property conforms to ajust and right standard, with due regard to the rights of each party. The division
of existing marital property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other property not
constituting a part of the marital estate. It is the intention oflhe parties to treat all transfers herein as
non-taxable.
8. Rl'lInqlll.hml'nt nr Right.. Except as expressly provided herein, Husband forever
relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets
now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or
hereafter have in any tangible or intangible assets now belonging to Husband,
9. A rtl'r_A rqlllrpd Prnpprty. Each of the parties shall hereafter own and enjoy
independently of any claim or right of the other, all items of property, be they real, personal or mixed,
tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to
dispose oflhe same as fully and effectively, in all respects and for all purposes as though he or she were
unmarried,
10. Ilehts.
A. The first mortgage associated with the property situate at 460 Arlington Road, Camp Hill,
Pennsylvania shall be the sole responsibility of Wife,
B. The second mortgage associated with the property situate at 460 Arlington Road, Camp
Hill, Pennsylvania in the approximate amount of $41,309 shall be the sole responsibility of Husband.
6
Husband shall take whatever action is necessary to pay this obligation in full within 30 days of the date
of this Agreement.
C. The parties' joint obligation to Fox-Gastaldo Associates, a partnership, in the
approximate amount of approximately $21,000.00 shall be the sole responsibility of Husband.
D. Husband shall assume all tax liability resulting from the sale of the following jointly held
assets:
1. 101 North Ocean Drive, Unit 546, Hollywood Beach, Florida;
2. 616 Colonial View, Mechanicsburg, Pennsylvania; and
3. 2906/2907 Atrium Villa, Seabrook Island, South Carolina.
11. J .Inhllltl.... All debts, contracts, obligations or liabilities incurred at any time in the past
or future by either party will be paid promptly by said party, unless and except as otherwise specifically
set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that
each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified
and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all
actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the
date of this Agreement, contract nor incur any debt or liability for which the other or his or her property
may be responsible, and shall indemnify and save harmless the other from any and all claims or demands
made against him or her by reason of debts or obligations incurred by him or her and from all expenses,
legal costs, and counsel fees unless provided to the contrary herein.
12. ('nlln...1 Fp..., ('nd. nnr! F.xppn..... Husband shall pay the fees charged by John
7
Sheridan, CPA, from October 21, 1999 through the signing of this Agreement. Each party shall be
responsible for all other legal fees, costs and expenses they have respectively incurred in connection
with their separation and/or the dissolution of their marriage.
13. Allmnny. In exchange for and in consideration of the promises and representations made
hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or
demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the
other or the respective separate property of the other under the laws of the Commonwealth of
Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal
support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative,
permanent or lump sum and right to seek equitable or community distribution or division or assignment
of property or similar marital rights.
Notwithstanding the above, Husband shall continue to pay Wife $1,306 per month through
December, 1999.
14. rnll~g~ Suppnrt. The parties acknowledge and agree that Husband shall pay two-thirds
of the college expenses and Wife shall pay one-third of the college expenses incurred by their children
that exceed funds received from grants, scholarships, children's earnings, educational loans and funds
available from Uniform Gift to Minors Accounts or other accounts established for the benefit of the
children's college education in obtaining a four-year undergraduate degree. The payments by the parties
are conditioned upon consultation in advance by the children as to the selection of school and
curriculum. The children must maintain a minimum of a "C" average. College expenses include, but
are not limited to, payments for room and board, books, tuition, fees and travel.
8
15. I.lfI'In,"ronrl', The children shall be named as sole irrevocable beneficiaries on all
policies Husband and Wife have in existence now insuring their lives, See attached Exhibit "A" for a
schedule ofthese policies. The parties shall maintain said policies until the youngest living child attains
age 22.
16. FilII m.rln,"rl'. The respective parties do hereby warrant, represent and declare and do
acknowledge and agree that each is and has been fully and completely informed of and is familiar with
and cognizant ofthe wealth, real and/or personal property, estate and assets, earnings and income of the
other and that each has made a full and complete disclosure to the other of his or her entire assets and
liabilities and any further enumeration or statement thereof in this Agreement is specifically waived.
17. Rl'll'o,I", Each party does hereby remise, release, quitclaim and forever discharge the
other and the estate of the other from any and every claim that each other may now have, or hereafter
have or can have at any time, against the other, or in and to or against the other's estate, or any part
thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of
dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take
against each other's will, or for support or maintenance, or of any other nature whatsoever, except any
rights accruing under this Agreement.
18. Indl'mnlnrotlnn. Each party represents and warrants to the other that he or she has not
incurred any debt, obligation, or other liability, other than described in this Agreement, on which the
other party is or may be liable, Each party covenants and agrees that if any claim, action or proceeding
is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act
or omission of such party, such party will at his or her sole expense, defend the other against any such
9
claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the
other party in respect of all damages as resulting therefrom, Damages as used herein shall include any
claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation,
counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid
same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife
from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this
Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach
or default in performance by Husband or Wife of any ofthe obligations to be performed by such party
hereunder, The Husband or Wife agrees to give the other prompt written notice of any litigation
threatened or instituted against either party which might constitute the basis for a claim for indemnity
pursuant to the terms of this Agreement.
19. GpnprAI Prnvldnn~, This Agreement constitutes the entire understanding of the parties
and supersedes any and all prior agreements and negotiations between them. There are no
representations or warranties other than those expressly set forth herein.
20. FAir And F.q"ltAhlp ('nntpnt~. The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel. Each party acknowledges that he or
she has received independent legal advice from counsel of his or her selection and that each fully
understands the facts and has been fully informed as to his or her legal rights and obligations, Each
party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and
that it is being entered into freely and voluntarily after having received such advice and with such
knowledge, and that execution of this agreement is not the result of any duress or undue influence and
10
that it is not the result of any collusion or improper or illegal agreement or agreements.
21. Rrpnrh, It is expressly stipulated that if either party fails in the due performance of any
of his or her material obligations under this Agreement, the other party shall have the right, at his or her
election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other
legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any
services rendered by the non-defaulting party's attorney in any action or proceeding to compel
performance hereunder.
22. F.yprntlnn nr nnrnmpnt~. Each party shall on demand execute any other documents that
may be necessary or advisable to carry out the provisions of this Agreement.
23. Mnrllfirntlnn. No modification, rescission or amendment to this Agreement shall be
effective unless in writing signed by each of the parties hereto.
24. S..vprnhlllty. Ifany provision of this Agreement is held by a Court of competent
jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless
survive and continue in full force and effect without being impaired or invalidated in any way.
25. Appllrnhl.. I.nw. This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania,
26. Agrppmpnt Nnt tn hI' Mprgprl. This Agreement may be filed with the Court for
incorporation into the Decree ofOivorce for purposes of enforcement only, but otherwise shall not be
merged into said Oecree, The parties shall have the right to enforce this Agreement under the Divorce
Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this
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