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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~ PENNSYLVANIA
uROBIlRT P~RIFIl.
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;, N (). 9t8~7025. Civi]:r.~r>>,1. 1998
, u J.'l.AINTI Ft'. .
Ven'Hls
SHARON A. RIFE.
DEFENDANT.
DECREE IN (J
DI VOR CE:;k3',zF(A.
AND NOW, i/JHy~.... 19"..... ;, ;, o,d.,.d ond
decreed that .... f!.::~lJ..'. ~~.f". . . . , . . , . . . , . . , , . ' , . . , . . , . . . , ", plaintiff,
and, . . . . . . , , , . . , . . , . .5h1ll:on ,A. .Rife. . , . . . . . . . . . . . . , , . , . . . . . " defendant.
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which 0 final order has not yet
been entered;
.. !,I',e, ,a.t,t,a.c.h.e.d ,~~,:it~l .'~r,r.<;e~e~t ,beetwee'.', t~l~,l'~r~i~s. ~~t!'!i, ~P!'P, .2.1". .1.9,9,9,.
, . :<!J.".l,l. ,b,e. .i.n,c.~r:p.or:~t"d .i'!to . this .l.)ecr~e, in, Div~r!''', P!'f~";1!1t. tP. ,trl!!. ,s,1.i4. ,
Marital Agreement.
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Prolhonotary
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MARITAL AGREEMENT
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THIS AGREEMENT, made this~.:l-7 day or April. 1999. by and between ROBERT p,
RIFE. of2130 Ritner Highway, Shippensburg. South Newlon Township. Cumberland County,
Pennsylvania 17257, hereinaller-rclcrred-to as Husband, and SHARON A. RIFE, or2130 Ritner
Highway, Shippensburg, South Newton Township. Cumberland County, Pennsylvania 17257,
hereinaller-rcJerred-to as Wilc,
WITNESSETlI:
WIIEREAS. the parties hereto arc I lusband and Wife. having been married on March 26.
1977, in Newville, Cumberland County. Pennsylvania, with two (2) children having been born of
the marriage - David Michael Rifc IXlrn July 2, 1977, and l.isa Marie Rife born Scptember 22,
1980; and
WHEREAS. diverse unhappy dillcrenees. disputes and dilliculties have arisen between the
parties and it is the intention ofWifc and Ilusband to live separate and apart. and the parties
hereto arc desirous of settling some ortheir respective financial and property rights and
obligations as between each other including, without limitation by specilicalion: the equitable
division of marital propcrly: and the settling of all matters bdll'een them relating to the past,
present and !hture support, alimony and/or maintenance of Wife by Ilusband or of Ilusband by
Wile,
NOW, T1IEREFORE. in consideration of the premises and of the mutual promises.
covenants and undertakings hereinaller set !'lrth which arc hereby acknowledged by each of the
parties hereto, Wife and Ilusband. each intending to be legally bound hereby. covenant and agree
as follows:
AGREEMENT NOT A HAIl TO D1VOllCE PROCEEDINGS
This Agreement shall not be considered to allcet or bar the right ofWitc or Ilusband to a
limited or absolute divorce on lawfhl grounds, if such grounds exist or shall hereafler exist or to
such defense as may be available to either party. This Agreement is not intcnded 10 condone and
shall not be deemed to be a condonation. on the part of either party herdo. orany act or acts on
the part orthe other party which havc occasioned the disputes or unhappy dillcrcnees which have
occurred prior to or which may occur subsequent to the date hereof: The parties intend to secure
a mutual consent. no-f:llIlt dimree pursuant to the terms of Section .BOI(e) of the Pennsylvania
Divorce Code of 1980, as amended,
EFFECT OF I>IVORCE HECREE
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The panics agrce that unkss otherwise sp,~eilically provided herein, this Agn~emelll shall
cOlllinue in IlJIIl"ree and ell<.-et alier such timc as a linal ,lceree in divorce Imy be entcred with
respect to the partie'S,
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AGREEMENT TO BE INCORPORATEI) IN I>IVORCE \)ECIUm
Th,: parties agree that lhc tcrms of this Agreement may bc inwrporated into allY divorcc
decree. which may bc entered wilh respect to them.
I)A TE OF EXECUTION
Thc "datc ofcxecution" or "exccution date" ol'the Agreement shall be defined as thc datc
upon which it is execlMd by the parties if they have cach exceutcd the Agreement on the samc
date. Otherwise, thc "date of execution" or "execution datc" of this Agreement shall bc delined as
the date of execution by the party last executing this Agreement.
A1>VJCI~ OJ<' COlINlli
The provisions of this Agreemcnt and their legal el1ect have been fully explained to Rpbert
1'. Rife, by David P. Perkins, Esquire. who is allorney fill' Robert P. Rite and who prepared this
marital agrecment. Sharon A, Rile acknowledges that she has been adviscd of her right to seck
independent legal counsel and she has decided not to do so, Both parties acknowledge that they
fully understand the lacts and have been lully infimned as to thcir legal rights and obligations and
understand the same. The parties hereto further aeknowlcdge and accept that this Agreement is,
inthc circumstances. filiI' and cquitable and that it is being entered into frcely and voluntarily afler
having received such advice and with such knowledge. and that execution of this Agreement is
not the result of an)' duress or undue inl1uenee and that it is not the rcsult of any collusion or
improper or illegal agreement or agrcements.
PERSONAL niGHTS
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Wile and Ilusband may and shall, at all times hereafler, live separatc and apart. They shall
be free from any control, restraint. interference or authority, direct or indirect, by the other in all
rcspects as lully as iflhey wcrc unmarricd. Thcy may rcside at such place or plaecs as they may
select. Each may, for his or her separate use or benclit, conduct. carry on and engage in any
business, occupation, prolession or employment which to him or her may seem advisable. Wife
and Ilusband shall not molest, harass. disturb or malign each othcr or the respective families of
each oth<:r nor compel or attempt to compel thc other to cohabitlJr dwell by any means or in an)'
manner whatsoever with him or hcr.
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VEIIICLES AN\) I'ERSONAL I'IWI'ERTY
A. Thc partics agree that the partics' 1984 Ford Ilroneo II shall be the sole and
separate property of wile. and husband waives. releascs. renounces and li,rever abandons
whatever c1.1ims. if any. hc may have with res[1c<:t to tlte 1984 Ford Bronco II. Wife shall be
responsible lilr all expens-:s associated with the \'ehicle including. bu.t not limill'd to. repairs and
mainten~\I1ee, and tr:msfer of registration, Ilusband agrces to pay the cost of maintaining wile's
present insurancc eo\'Crage on thc \\ iiC's \ehiele until August .\ I, 20(lJ, at Ilusband's sole
~xpcnse.
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B. The parties agree that the parties' \')<)6 .Iayco 3\' self-contained camper shall be
the sole and separate property of Wife. and Ilnsband hereby waives, releases. renounces and
tl)rever abandons whatever claims. if any, he may have with respect to the 19<)6 Jayco camper.
Wife shall assume responsibility f(lr payment of the camper loan owed to Fullon Bank, and hereby
indemnities and holds J lusband harmless with respect to the parties' obligation to the Fullon Bank,
C. The parties agree that the parties' 1992 Mercury Grand Marquis automobile shall
he the sole and separate property oflIusband. and Wile hereby waives. releases, renounces and
forever abandons whatcvcr claims, irany, she may have with respect to the 1992 Mercury Grand
Marquis automobile. Ilusband shall assume responsibility fl)r payment of the parties' automobile
loan owcd to Dauphin Deposit Bank and Trust Company, and Jlusband hereby indemnifies and
holds Wile harmless with respect to the parties' obligation to the Dauphin Deposit Bank and Trust
Company,
D, Ilusband and Wile do hereby acknowledge that with the exception of the items
specilied in Paragraphs A through C. they have previously divided their tangible personal
property, including but not necessarily limited to jewelry, clothes, lurniture, lilrnishings. rugs,
carpets, household equipment and appliances. vehicles, pictures. Ix)oks. works of art and other
personal property and hercaller Wife agrees that all of the property in the possession of Ilusband
shall he the sole and separate property ofllusband; and Ilusband agrees that all of the property in
the possession or Wife shall be tbe sole and separate property of Wife. The parties do hereby
specilically waive. rclease. renounce and fllrever abandon whatever claims. if any. he or she may
havc with rcspectto the aboVl' items. which shall become the sole and separate property orthe
other,
AFTER-ACOIJlRED P~:RSON^L I'ROI'ERTY
Each of the panics shall h""afler ,l\\n and cnjoy, imlependently (\fany claim or right of
the other. all items of personal property. tangible or intangible, herealler acquired by him or her,
with full power in him or her to dispose of the same as fully and ellectivcly, in all respects and lor
all purposes, as thnugh he or she were unmarried,
REAL ESTATE
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The parties herelO acknowledge and agree that they arc owncrs of real estate situate in
South Newton Township, Cumberland County, Pennsylvania. together with improvements
erected the'reon. knO\\1l as 2130 Ritner Ilighway. Shippensburg. Pennsylvania. and more
specifically described in Cumberland County Deed Book 35. at Page 1175, Wile shall havc the
option of continuing to reside in the marital residence knO\\11 as 2 J 30 Ritner llighway.
Shippenshurl!. Pennsylvania until April I, J 9<)1). Ilusband shall be snlely responsible lllr payment
nf all real estate taxes and hlllllell\\ ners' insurance. Ilushand shall be solcly entitled to any rclund
of homenwners' insural1l'e pre'mium as nfthe time oftinal sclllel11,'nt,\Jl tlw transfer of the real
estate. Ilusband shall he solely re'spllnsihle fill' payment of the mllnthly installment payments to
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Ad vanta Mortgagc Corporation lilr tbe lirst mortgagc with a current principal balancc or
approximately one hundred lilllrteen thousand dollars ($114.000,00). Ilusband shall indcmnify
and hold wife harmless with rcspeel to the alilresaid mortgagc obligation,
The marital real estate together with improvements erccted thereon shull becomc the sole
and exclusivc property of husband. On or bclc.lrc the date of final settlement wile shall cxeeutc a
general warranty deed conveying her righi, title and interest in the real estate 10 husband, subject
to existing liens and encumbrances,
Final settlement shall be held on or befc.1I'e April 30, 1999 at the law ofliees of Mark,
Weigle and Perkins, Attorneys-at- Law, 126 East King Strcet Shippensburg. Pcnnsylvania,
As consideration fill' wife"s waivcr of various rights as setlorth in this marital agrecment, husband
shall pay to wile the sum ofTcn Thousand Dollars ($10.000.00) within four (4) ycars orthe
annivcrsary dale of lina! scttlement, in annual payments of not less than Two Thousand Fivc
Hundred Dollars ($2.500,00). Husband's obligation to wile shall be evidenced by notc secured by
a mortgage upon the marital residence, which mortgage and note shall he cxecuted by husband
and delivcred to wile or wile's attorney on thc date oflinal settlement
WARRANTY AS TO EXISTING OBLIGATIONS
Each party represcnts that he or she has not herclolc.lre incurrcd or contracted fill' any debt
or liability or obligation for which the estate of the other party may he responsible or liable except
as may be provided fill' in this Agrcement Each party agrces to indemnity and hold the other
party harmless from l\nd against any and all such debts, liabilities or obligations of every kind
which may have herelOlc.lre been incurred by them. including those li1l' necessities. except for the
1 obligations arising out of this Agreement
WARRANTY AS TO FlITlJRE OBLIGATIONS
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Wife and Ilusband each covenant warrant, represent and agrec that each will now and at
all times herealter save harmless and keep t he other indemnilied Irom all debts, charges and
liabilities incurred by thc other afler the execution date of this Agreement, except as may be
otherwise specifically provided for by the terms of this Agreement and that neither of them shall
hereafler incur a liability whatsllevcr for which the estate oflhe other may be liable,
AldMONY
Husband shall pay Wife the lillI sum of One Hundred Twenty Five Dollars ($125.00) per
month alimony toward the support ofWite due on or bclc.lrc the lirst day of each month
commcncing the first ofScptemher. 1998, Ilushand's obliga.tion fill' payment of alimony shall
continue ulllil August 31. 2001. or until Wile remarrics whichever shall first occur.
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ADI)ITIONAL SlJl'I'ORT-INSURANCE PREMIUMS
In addition 10 :liimony. Illlsband agrees to pay the life insurance premiums on Wife's
existing Ohio National Causality Insurance Company annuity policy and Wile's existing
automobile insurance premiums, until August 31, 200 I.
IU:TIREMENT WAIVERS
Husband shall convcy to Wife tilt: sum o I' Twenty Thousand Dollars ($20,000,00) in pre.
retircmcnt pcnsion funds undcr llusband's Central Pennsylvania Teamstcrs Relirementlncome
Plan, which was valued at $82,634.16 as of September 30, 1998. Such division oCthe retirement
income plan shall be accomplished by the establishment of a segregated retirement income plan
account in the sole name of Wife, subject to plan approval. In the evcnt such approval is not
forthcoming division shall be accomplished by a Qualified Domestic Relations Order.
Exccpt as hercinbel(Jre spccifically providcd. Wifc hcreby waivcs. releases, rcnounccs and
forever abandons whatevcr claims, if any. she may have with respect to Ilusband's retirement,
pension or profit sharing plans.
Husband hereby waives, releases, renounces and lorcver abandons whatever claims, if any,
he may have with respect to Wile's retirement, pension or profit sharing plans.
LEGAL FEES
Ilusband shall pay the cost oflegal fecs incurred in preparation of this marital agrecment
and all legal fees payable to Mark, Wcigle and Perkins, Attorneys at Law. and court costs in
conncction with obtaining a No-Fault Divorec pursuant to Section 330J(c) ofthc Pcnnsylvania
Divorcc Code, as amcnded, Wife agrees to cooperate by executing the necessary consents and
other documents required to elleetuale said divorce, as requested by llusband's allorney.
DEPENDENCY EXEMI'TIONS FOR INCOME TAX
The parties agree to liIe joint federal and state income tax returns f(,r tax ycar 1998.
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MUTUAL RELEASES
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Ilusband and Wife each do hcreby mutually rcmisc. rclease. quitclaim and {(lrevcr
discharge the otlwr and the estate of each other. I(lr all time to come. and lilr all purpnses
whatsoevcr. of and from any and all rights. title and interest, or claims in or against the property
(including income and gain jrom property hereafler accruing) of the other or against the cst ate of
such other. of\\hate\'cr nature and wheresol'l'er situate. which he or she now has or at :my time
hereafler may ha\'e against such other, the cstate of SUdl other nr any par1 thereof: whether
arising nut of any till'll1er acts. contracts. engagements or liabilities of such other or by way of
dower. cour1esy. or daims in the nature of dower or courtesy nr widow's or widower's rights.
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family cxemption or similar allowance, or undcr Ihe intcstale laws, or the righl to take against the
spouse's will; or the right 10 treat a lifetime conveyance by the other as testamcntary. OJ' all other
rights ofa surviving spouse 10 participatl' in a deceased spouse's estate, whethcr arising undcr the
laws of (a) Pennsylvania, (h) any State. Commonwealth or territory of the Uniled Stales. OJ' (c)
any other country, except, and only excl'pl. all rights and agreemcnts and ohligations of
wbatsocver nature arising or which may arise undcr this Agreement or fill' the breach of any
provision thcreof: It is the intention of llusband and Wife 10 give 10 caeh olher by the execulion
of Ihis Agreement a full, complete and general release with respecl to any and all properly of any
kind or nature, real. personal or mixed. which the other now owns or may hereafler acquire,
except and only except all rights and agreements and obligations of whatsoever naturc ari~ing or
which may arise under this Agrecment or for the breach of any provision therl~oC
WAIVER (m MODIFICATION TO HE IN WRITING
No modification or waiver of any of the tcrms hcreofshall he valid unless in writing and
signed by bolh parties and no waiver of any breach hereofor dd:lull hereunder shall be deemed a
waiver ofap.y subsequent default of the same or similar nature.
I)lVORCE
The parties hereto agree to enter into a mutual consent divorce undcr Section 3301(c) of
the Pennsylvania Divorce Code of 1980, as amcnd(~d. Ilusband agrees to pursue the present
divorce action filed to No. 98-7025 Civil Tcrm. in the Court of Common Pleas of Cum ocr land
County, Pennsylvania, and to be the Plaintitrtherein, Wife agl'l'es to sign the necessary
documents, including the Atlidavit of Consent, at such time afler Ihe ninety (90) days of the filing
of the Complaint and further instruments thaI may be reasonably required to give full fi.lree and
effect to the provisions of this Agreement.
LAW OF I'ENNSYLVANIA API'UCAIlLE
This Agreement shall be construed in :lccordance with the laws of the Commonwealth
Pennsylvania,
AGIU:EMENT H1N()\NG ON IIEms
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This Agreenwnt shall be binding and shall inure to the hcnefit oflhe parties hcrcto and
their respective heirs. executors. aJministrators. successors anJ assigns.
IlREACII
Ifeithe'r party hreache's any prll\'ision of this Agrcement. thc othcr party shall havc the
right. at his or her e1"tion. 10 sue IiII' damagcs fill' stich breach or Sl'C\.; ~uch olher r,~medies or
reliefas may he available 10 him or hcr, and the party hrcaching this contract shall be responsible
f'lr payment ofiegallees and e'osts in,'wTe'd hy Ihe olhcr in cnf(lrcing their rights under this
Agreement.
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WAIVER OF ALIMONY AN\) OTIIElt IUGIITS
The parties herelo have been inlill'lned of their rights or have been advised to seck counsel
to inlormthem of their rights undcr and pursuant to the Divorce Code, Action of April 2. 19110,
Number 1980-26, as amendcd, particularly the provisions fill' alimony, alimlJny pendcnte lite,
equitable distribution of marital properly, counsel fees or expcnses. Both parties agree that this
Agrccment shall conelusively providc fill' thc distribution of property under the said law and
cxcept as specilically providcd Ii)!' in this agreement, hereby waivc, release and relinquish any
furthcr rights they may rcspectively havc againstthc other fill' alimony, alimony pendente lite,
equitable distribution of marital property, counsel fees or expcnses. From the date hereof: cach
party may acquire eithcr personal or leal property in thcir own name. Any property so acquired
shall be owned solely by the individual and shall not be subject to any claim whatsoevcr by the
othcr party.
FINANCIAL J>\SCLOSLJRE
The parties confirmthatthcy have relied on the substantial accuracy of the linancial
disclosurc of the other as an inducement to the execution of this Agreement.
ENTIRE AGREEMENT
This Agrcement constitutes the entire understanding of the parties and supersedes any and
all prior agreements and negotiations hctweellthem. There arc no representations or warranties
other than those expressly set filrth herein.
NO WAIVER OF \)EFAlJLT
This Agreement shall rem:!in in full lilrce and en;:ct unless and ontiltemlinatcd undcr and
pursuant to the terms of this Agreement. The lailure of either party to insist upon strict
performancc of any of the provisions of this Agreement shall in no way aflcctthe right of such
party hereafter to enforcc the same, nor shall the waivcr of allY brcach of any provision hcrcofhc
construed as a waiver of any subsequent default of the same or similar nature, nor shall it be
construed as a waivcr of strict pcrl;lI'Inance of any other obligations herein.
SEVERABILITY
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I I' any term, condition, e1ause or provision of this Agreeme'nt shall be detennined or
deelared to be void or invalid in law or otherwise. then only thatl<:rm, condition, e1ause or
provision shall be stricken from this Agreement and in all other respects this Agrcement shall be
valid and Cllntinue in lull filree. ef1i:l,t and operation, I.ikewise. thc lililure of allY party to meet
her or his obligations under anyone or more oflhe paragraphs herein. with the exception of the
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IN THE COURT OF COMMON I'LEAS OF CUMBERLANI> COUNTY, I'A
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"TELD'HON~I (711) 532-:1381 -:, .F..", fIl'l) 533-6551' ',":, ;' ,; . . .:.(: :,:';':';:i/
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ROHERT I'. RIFE,
l'laintiff,
CIVIL ACTION - LAW
v.
NO. 911- 7025
SHARON A. RIFE,
I>efendant.
IN \)IVORCE
AFFI\)A VIT OF CONSENT
1. A complaint in divorce undcr ~ 3301(c) of the Divorce Code was lilcd on
December14, 1998.
2. The marriage of PlaintifT and Delendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry ofa final decree ordivoree afler service of notice or
inh~ntionto request entry ofthe decree,
I verify that the statements made in this allidavit arc true and correct. I
understand that false statements herein arc made subject to the penalties or 18 Pa, C.S, ~
4904 relating to unsworn tlllsilication to authorities.
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Sharon A. Rile. Defen!!ant
Dated: If -,).-9, OOZ
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IN THE COURT OF COMMON I'LEAS OF CUMHERLANl> COUNTY, I'A
IWHERT 1'. mFE,
Plaintiff,
CIVI L ACTION - LA W
v.
NO. 911- 7025
SHARON A. RIFE,
l>efendant.
IN IHVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTI{V OF A
DIVORCE l>ECREE VNHER ~ 330l(cl OF 'I'Im /)/VORCE COl>E
1. I consent to the entry ora final decree ofdivorcc without notice.
2, I understand that I may lose rights concerning alimony. division of
property, lawyer's fees or expenses if! do not e1aimthcllI before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is cntered by
the Court and that a copy of the decree will be s~nt to me immediately at1er it is filed
with the prothonotary.
I verify that thc statements made in this aflidavit arc true and correct. I
und(~rstand that false statements herein arc made subject to the penalties of I SPa, c.s. S
4904 relating to unsworn falsification to authorities.
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h.G. ."llvL\__ , '::; A,
Robert P. Rife. Plainll 1.
Dat~d: 'i
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IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, I'A
ROBERT I'. IUFE,
PI"intiff~
CIVIL ACTION-LAW
v.
NO. 911-7025 Civil Term
SHARON A. RIFE,
Dcfend:lllt.
IN DIVORCE
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