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Home My WebLink About07-1283+1? ROBERT L. GAMBERT, Plaintiff VS. UTE C. ALLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. C)? - 1,VZ Civil Term : ACTION 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE,SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 ROBERT L. GAMBERT, Plaintiff VS. UTE C. ALLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0'7 _ Z Civil Term : ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Robert L. Gambert, a competent adult individual, who has resided in Carlisle, Cumberland County, Pennsylvania, since 2005. 2. Defendant is Ute C. Allinger, a competent adult individual, who resides at Uhlbacher Strasse 169, D-70329 Stuttgart, Germany. 3. Plaintiff has been a bona fide resident of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on April 9, 1999 in Las Vegas, Nevada. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have no children together. 8. Plaintiff is a citizen of the United States of America. 9. Neither Plaintiff or Defendant are an active duty member of the Armed Forces of the United States of any of its allies. 1 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. AZ(11Z4Wt& - Robert L. Gambert, Plaintiff Date: `3 9 . tj Respectfully submitted, Xane dams, Esquire I.D o. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF b v n u c C ?v "fit t? y l N CO 71 N n N --1 t? -G s- ROBERT L. GAMBERT IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07-1283 CIVIL TERM UTE C. ALLINGER Defendant ACTION IN DIVORCE PRELIMINARY OBJECTIONS AND NOW, comes the Defendant, Ute Allinger, by and through her attorney, Melanie L. Erb, Esquire and the law firm of Scaringi & Scaringi, P.C., who brings these Preliminary Objections to the Complaint in Divorce and areas as follows: 1. Defendant, Ute Allinger, is a German citizen 2. On or about March 8, 2007, Plaintiff filed a Complaint in Divorce in Cumberland County, Pennsylvania. 3. Plaintiff has alleged he is a resident of Cumberland County, Pennsylvania. 4. Plaintiff has resided with his wife in their marital residence in Germany since 1999. 5. A party is not entitled to commence an action for divorce unless at least one of the parties has been a bona fide resident of the Commonwealth for at least six months immediately prior to the Commencement of the action. 23 Pa C.S. §3104 (b). 6. Plaintiff and Defendant jointly own a residence in Stuttgart, Germany, and have resided there since 1999. 7. Plaintiff does not own property in Pennsylvania and has not resided in Pennsylvania since before 1978. 8. Plaintiff was a member of the United States Armed Forces until his retirement in 1991 and was stationed in Germany. 9. Plaintiff became a civilian employee of the Department of Defense School System Europe until his retirement in 2004. 10. Plaintiff has been an ordinary resident of the Federal Republic of Germany since April 16, 2004. 11. Plaintiff has admittedly traveled to the U.S. for medical treatment since 2005, but only for brief periods of time and has always returned to his residence in Germany. 12. This court only has jurisdiction over this matter if one or both of the parties has resided in the Commonwealth for at least six (6) months immediately prior to the Commencement of the action. See 23 Pa C.S. §3104 (b). 13. Since neither party has been a bona fide resident of the Commonwealth for at least six (6) months immediately prior to March 8, 2007, this court does not have jurisdiction over this matter. WHEREFORE, the Defendant, Ute Allinger, respectfully requests this Honorable Court sustain these Preliminary Objections and dismiss Plaintiffs Complaint in Divorce. Respectfully submitted, el e L. E , Esquire Attorney I.D. No. 84445 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 Attorney for Plaintiff 25/07 2007 17:03 FAX VERIFICA1'1nN 1, Ute. C. Mlinffcr, verify that the statements mad.; in the foregoing Preliminary Objections are true and correct.. [ understand that false statements madc herein are su1?icet to the penalties of 18 Pa.C.S. §4904, rclating to unswom falsil ication to Mldioritics. U'1'Y, C. A Ll.'tNGER ' 1)A 'FE [a 002 Received Time Jul.25, 11:01AM p O rn a , ?- W CI l 112 ?. ROBERT L. GAMBERT Plaintiff vs. UTE C. ALLINGER Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1283 CIVIL TERM ACTION IN DIVORCE PRAEGIPE Please substitute the Defendant's original signed verification in place of the facsimile signature that was filed with the Defendant's Preliminary Objections. Respectfully submitted, f d Date Me 1 1. Erb, Esquire Attorney I.D. No. 84445 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 Attorney for Plaintiff 1, . 'i VERIFICATION I, Ute C. Allinger, verify that the statements made in the foregoing Preliminary Objections are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. UTE C. ALLINGER 21/ .2 Co . DATE C i r ;irf, n? t'C t,,.: -a ? C7 ROBERT L. GAMBERT, Plaintiff vs. UTE C. ALLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Civil Term : ACTION IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS 1. Admitted. Defendant, Ute Allinger, is a German citizen. 2. Admitted. Plaintiff filed a Complaint in Divorce on March 8, 2007 in Cumberland County, Pennsylvania. Additionally, the Complaint was served on April 19, 2007, and Defendant's Preliminary Objections were filed July 31, 2007. 3. Admitted. Plaintiff did allege that he is a resident of Cumberland County, Pennsylvania. He has been present here and lived here since 2005 but has traveled frequently to Germany as well as other countries at separate different times. He holds a Pennsylvania driver's license issued in Carlisle, Pennsylvania, has paid Cumberland County taxes, has a library card with Carlisle Army War College, and Cumberland County Library System, and uses his Carlisle address with his Pentagon Federal Credit Union account, which is his primary financial and banking account. He also uses his Carlisle address for his credit card statements. Since 2005 he has had an address and a place to live in Carlisle, and has had an intent to live in Carlisle indefinitely. 4. Denied in part, admitted in part. Plaintiff primarily resided with his Wife after their marriage from 1999 through approximately 2005. After 2005, he took steps to move his residence to Carlisle, Pennsylvania, which included finding a place to reside. He also actively looked for property to purchase, and visited several retirement homes in Cumberland County, Pennsylvania, seeking a place to live. Since 2005, Plaintiff, has not primarily resided with his Wife in Germany. 5. Admitted. 6. Denied in part, admitted in part. Plaintiff and Defendant do jointly own a residence in Stuttgart, Germany. However, since 2005, Plaintiff, has not primarily resided with his Wife in this residence. Marital residence is a factor, but it is only one of many considerations taken when determining domiciliary intent. Bernard v. Bernard. 447 Pa. Super. 118, 128, 668 A.2d 546, 551 (1996). 7. Denied in part, admitted in part. Plaintiff does not own real estate but has actively searched for homes, including a senior citizen retirement home, since 2005. He has a place to stay in Carlisle, Pennsylvania, owns a car in Carlisle, Pennsylvania, and has stored personal property in Carlisle since 2005. He arranged for a large quantity of his personal items to be shipped from Germany in 2006. 8. Admitted. Plaintiff was a member of the United States Armed Forces until his retirement in 1991 and was stationed in Germany. 9. Admitted. Plaintiff became a civilian employee of the Department of Defense School System Europe until his forced retirement in April 15, 2004. 10. Admitted in part, denied in part. Plaintiff has been an "ordinary resident" of the Federal Republic of Germany since April 16, 2004, but "ordinary residency" in Germany is not the same as permanent residency status. Plaintiff is not entitled to work, cannot use the German Health System, and has no other entitlements or benefits other than he may stay at the home he owns in Germany and can drive a car. His current "ordinary residency" status expires August 9, 2009. 11. Admitted in part, denied in part. Plaintiff has been in the U.S. for medical treatment since 2005, on a regular and continuing basis. He has gone to Germany as well as many other countries during this time period, but has not resided primarily in Germany. He actively pursued a Social Security disability for which he has been awarded full disability as well as ongoing medical care with the Veteran's Administration at the VA Lebanon Hospital. 12. Admitted. 13. Denied. Plaintiff maintains that he has been a bona fide resident of the Commonwealth for six months immediately prior to March 8, 2007, and therefore, this court has jurisdiction over this matter. WHEREFORE, Plaintiff requests that Defendant's Preliminary Objections be dismissed. Respectfully submitted, Date: D ne Adams, Esquire .D. N No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ATTORNEY VERIFICATION client. Undersigned counsel, Jane Adams, Esquire, hereby verifies and states that: 1. She is the Attorney of record for Robert L. Gambert. 2. Robert L. Gambert has reviewed the Answer via e-mail. 3. She is authorized to make this verification on his behalf. 4. The facts set forth in the foregoing response as known to her and not necessarily to her 5. The facts set forth in the foregoing response are true and correct to her to the best of her knowledge, information, and belief. 6. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 0117- / /? 7 JJajif Adams, Esquire S. Pitt St. tlisle, Pa. 17013 (717) 245-8508 Attorney for Robert L. Gambert. ?.? t'? *?,x ? ?? C?? r- • . --? -r'1 - -_ f _, i __ 'T,,, .,. f''.3 ? r ?. ? '; ..<,. ' ?- . ;:- ? -=t ;y, ? ,?'- 7 -G PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) ROBERT L. GAMBERT, VS. UTE C. ALLINGER, No. 07-1283 civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Def n 's Ae irrrirrarv Cbjecticrr. 2. Identify all counsel who will argue cases: (a) for plaintiffs: ,Tart kim, B3gAre (Name and Address) 64 South Pitt sbmet, (fir] isie Pennsylvania 17013 (b) for defendants: Frank C. Sluzi.s, Bs4z r-- (Name and Address) 2000 Li rrfies1 mad, Sts 106, ma risburg, Permylvania. 17110 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Print your name DeffErr hr t Attorney for Date: INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be flied with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. ROBERT L. GAMBERT, Plaintiff UTE C. ALLINGER, V. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1283 CIVIL ACTION-LAW IN DIVORCE I, Mary Snyder, Law Clerk for Scaringi & Scaringi, P.C., do hereby certify that a copy of the Praecipe For Listing Case For Argument in the above-captioned action has been duly served upon Plaintiff s counsel, Jane Adams, Esquire, by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Jane Adams, Esquire 64 South Pitt Street Carlisle, PA 17013 Date: March 3 2008 Mary der r?s I .. .G. T W ..J "< ROBERT L. GAMBERT, Plaintiff VS. UTE C. ALLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 07-1283 CIVIL IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE HESS, OLER, AND GUIDO, J.J. ORDER AND NOW, this /t- day of April, 2008, it appearing that the preliminary objections of the defendant to the jurisdiction of this court, raising questions concerning the domicile of the plaintiff, involve issues of fact, this matter is STRICKEN from the argument list and the case is referred to the Court Administrator for assignment of a judge in accordance with local practice. This order is entered without prejudice to the defendant to file a motion challenging in personam jurisdiction which matter, likewise, involves disputed issues of fact. BY THE COURT, '"Jane Adams, Esquire For the Plaintiff .Frank C. Sluzis, Esquire For the Defendant Cnpi .s m ?Yf a?'r f''o $ Court Administrator : rlm CAF THE Ni j ARY S 2608 APR 21 Ats 10' 3 ROBERT L. GAMBERT, PLAINTIFF V. UTE C. ALLINGER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 07-1283 CIVIL ORDER OF COURT AND NOW, this 6th day of May, 2008, the hearing in the above referenced case has been assigned to this Court. Prior to setting the actual hearing date, IT IS HEREBY ORDERED AND DIRECTED that the parties in this case file a pre- hearing memorandum with the Court on or before May 30, 2008, in the following format: 1. A concise statement of factual issues to be decided at the hearing. II. A list of witnesses the party intends to call at the hearing along with a concise statement of their anticipated testimony. III. A list of all exhibits each party anticipates presenting at the hearing. IV. A statement of any legal issues each party anticipates being raised at the hearing along with copies of any cases which may be relevant to resolution of the stated issue. V. An estimate of the anticipated time needed for the party to present its case. Upon receipt and review of these memorandums, the Court will set a hearing date for this case. By the Court, N\ -A?" ?AA %, - M. L. Ebert, Jr., J .lane Adams, Esquire Attorney for Plaintiff ? Frank C. Sluzis, Esquire Attorney for Defendant bas I TO THE PLAINTIFF: You are hereby noticed to plead to the attached Amended Preliminary Objections of the Defendant within twenty (20) days of service upon you or a judgment may be entered against you. ROBERT L. GAMBERT Plaintiff vs. UTE C. ALLINGER Defendant COURT OF COMMON PLEAS ,RLAND COUNTY, PENNSYLVANIA No. 07-1283 CIVIL TERM : ACTION IN DIVORCE AMENDED PRELIMINARY OBJECTIONS AND NOW, comes the Defendant, Ute Allinger, by and through her attorney, Debra R. Mehaffie, Esquire and the law firm of Scaringi & Scaringi, P.C., who brings these Amended Preliminary Objections to the Complaint in Divorce and avers as follows: 1. Defendant, Ute Allinger filed Preliminary Objections to Plaintiff's Divorce Complaint on August 21, 2007. Defendant hereby incorporates by reference the allegations set forth in said Preliminary Objections. 2. This court should not assert in personam jurisdiction over the Defendant because she is a German citizen who owns no property in Pennsylvania. The Defendant has no minimm contacts with Pennsylvania to justify personal jurisdiction over her. 3. Not only must there be reasonable notice to the defendant than an action has been brought, but there must also be a sufficient connection between the defendant and the A r forum state to make it fair to require defense of the action in the forum state. Scoggins v. Scoggins, 382 Pa. Super. 517-18, 555 A. 2d at 1319-20. 4. Given that defendant does not have minimum contacts with Pennsylvania, it would be patently unfair and cause an undue burden upon her if she were required to defend this divorce action in Pennsylvania. 5 Defendant requests that this Honorable Court refer this matter to the Court Administrator for assignment to a Judge to be heard at the same time that Plaintiff s domicile will be considered. WHEREFORE, the Defendant, Ute Allinger, respectfully requests this Honorable Court sustain these Preliminary Objections and dismiss Plaintiffs Complaint in Divorce with prejudice. submitted, Zttolea R. Meffaffie, Esquire G' ney I.D. No. 90951 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 Attorney for Defendant i ROBERT L. GAMBERT IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07-1283 CIVIL TERM UTE C. ALLINGER Defendant ACTION IN DIVORCE ATTORNEY VERIFICATION Undersigned counsel, Debra R. Mehaffie, hereby verifies and states that: 1. She is the Attorney of record for Ute C. Allinger, Defendant. 2. Ute C. Allinger has reviewed the Amended Preliminary Objections via e-mail. 3. She is authorized to make this verification on Ms. Allinger's behalf. 4. The facts set forth in the foregoing Amended Preliminary Objections as known to her and not necessarily her client. 5. The facts set forth in the foregoing Amended Preliminary Objections are true and correct to her to the best of her knowledge, information and belief. 6. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 7L 0 C Dated 99ra R. Mehaffie, Esquire ttorney I.D. No. 90951 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 debra(c?scarinailaw.com Attorney for Defendant Ute C. Allinger ROBERT L. GAMBERT IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07-1283 CIVIL TERM UTE C. ALLINGER Defendant ACTION IN DIVORCE CERTIFICATE OF SERVICE I, Amanda L. Emerson, Paralegal with Scaringi & Scaringi, P.C., do hereby certify that .rr on this, the 5 day of 6, 2008, I served a true and correct copy of the foregoing Amended Preliminary Objections on the following person by way of first class mail, postage prepaid: Jane Adams, Esquire 17 West South Street Carlisle, PA, 17013 S 5 oa Date Amanda L. Emerson, Paralegal e` ROBERT L. GAMBERT Plaintiff vs. UTE C. ALLINGER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1283 CIVIL TERM ACTION IN DIVORCE PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the Defendant's original signed verification in place of the Attorney Verification that was filed with the Defendant's Amended Preliminary Objections. Date y submitted, l?l1V111V? 1.L. lV7? 1 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 (717) 657-7797 fax debra&scaringilaw.com Attorney for Defendant VERIFICATION I, Ute C. Allinger, verify that the statements made in the foregoing Amended Preliminary Objections are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. UTE C. ALLINGER 6) 5- tt?t a c? DATE r ROBERT L. GAMBERT IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 07-1283 CIVIL TERM UTE C. ALLINGER Defendant ACTION IN DIVORCE CERTIFICATE OF SERVICE I, Amanda L. Emerson, Paralegal with Scaringi & Scaringi, P.C., do hereby certify that 44- on this, the day of 2008, I served a true and correct copy of the foregoing Praecipe to Substitute ation on the following person by way of first class mail, postage prepaid: Jane Adams, Esquire 17 West South Street Carlisle, PA, 17013 ?C 0 Date L. Emerson, Paralegal 2 Zti! c ro _r ? F i> C_ - ROBERT L. GAMBERT, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. UTE C. ALLINGER, DEFENDANT : 07-1283 CIVIL ORDER OF COURT AND NOW, this 2nd day of June, 2008, the Court now being in receipt of the Pre-Hearing Memorandums in this matter, IT IS HEREBY ORDERED AND DIRECTED that the hearing in this matter shall be held on Wednesday, August 6, 2008, at 9:00 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, _11k_? - ?? M. L. Ebert, Jr., j Jane Adams, Esquire Attorney for Plaintiff ?/Debra R. Mehaffie, Esquire Attorney for Defendant Court Administrator bas 00 , F)t 9-5 rnz t W4. Z- H Or Cooz t -,; ? eta ? ,r° '... 1 Ij 16 N ROBERT L. GAMBERT, Plaintiff vs. UTE C. ALLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 1283 Civil Term : ACTION IN DIVORCE PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please withdraw Plaintiff's complaint filed in the above-captioned matter and mark this case as discontinued and ended. Respectfully Submitted, Date: ? ?,3Q g J Adams, Esquire ra W. South St. rlisle, Pa. 17013. (717) 245-8508 ATTORNEY FOR PLAINTIFF N ROBERT L. GAMBERT, Plaintiff vs. UTE C. ALLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 1283 Civil Term ACTION IN DIVORCE CERTIFICATE OF SERVICE r-CA AND NOW, this July ;??, 2008, I, Jane Adams, Attorney for Plaintiff, Robert L. Gambert, hereby certify that a copy of Plaintiff's Praecipe to Withdraw has been duly served upon the following party, by placing such in the custody of the United States Postal Service, via REGULAR MAIL postage pre-paid addressed to: Debra R. Mehaffie, Esquire 2000 Linglestown Road, Suite 106 Harrisburg, Pa. 17110 (717) 657-7770 Attorney for Defendant By: Date: 2'3 /03- Jagt Adams, Esquire , J.eDl 79465 W. South St. 2arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ROBERT L. GAMBERT ac, PO m r -• ,v \ J tr. ? r e W J