HomeMy WebLinkAbout01-4452
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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STATE OF
PENNA.
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Beniamin F. Line.
No.
01-4452
Civil Te
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Plaintiff
DECREE IN
DIVORCE
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. ~IT IS ORDERED AND
VERSUS
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Janetta S. Line,
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AND NOW,
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Beniamin F. Line
, PLAINTIFF,
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Defendant
, DEFENDANT,
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. ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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DECREED THAT
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AND
Janetta S. Line
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
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PROPERTY AND SEPARATION AGREEMENT
THIS AGREEMENT, made and entered into this S:1L.dayof ~WlPl ,2003, by
and between, BENJAMIN F. LINE, hereinafter referred to as Husband, and JANETT A S. LINE,
hereinafter referred to as Wife, witnesseth:
WHEREAS, the parties hereto are Husband and Wife, they having been married on October
22,1982, in Franklin County, Pennsylvania; and
WHEREAS, the parties hereto have ceased to cohabit together as Husband and Wife; and
WHEREAS, both and each of the parties hereto are aware of their legal rights, the
implications of this Agreement, and legal consequences, which may and will ensue from the
execution thereof. Husband is being represented by Douglas R Roeder, Esquire, of Reichard Law
Offices, LLC. Wife is being represented by Jerry Weigle, Esquire of Weigle & Associates, P.c.
WHEREAS, Husband acknowledges that he is thoroughly conversant with and accurately
knows the size, degree, and extent of the estate and income of Wife, and Wife acknowledges that she
is thoroughly conversant with and knows accurately the size, d(:gree and extent of the estate and
income of Husband; and
WHEREAS, the parties hereto wish finally and for all time to settle and determine their
respective property and other rights growing out of their marital relationship, wish to live separate
and apart, and wish to enter into this Property and Separation Agreement.
WHEREAS, this Agreement supercedes and renders all prior agreements null and void; and
NOW, THEREFORE, in consideration of the promises and mutual undertakings herein
contained, and intending to be legally bound hereby, the parties do mutually agree as follows:
1. SEPARATION:
The parties may and shall continue to live apart for the rest oftheir lives. Each shall be free
from interference, direct or indirect, by the other as fully as though unmarried. Each may, for his or
her separate benefit, engage in any employment, business, or profession he or she may choose.
d) Husband shall be responsible for all credit card balances held in his name.
e) In the event that either party becomes a debtor in bankruptcy or
financial reorganization proceedings of any kind while any obligations remain to be
performed by that party for the benefit of the other party pursuant to the provisions of
this Agreement, the debtor spouse hereby waives, releases and relinquishes anyright
to claim any exemption (whether granted under state or federal law) or any property
remaining with the debtor as a defense to any claim made pursuant to save the other,
or their estate, free, harmless, and indemnified of and from all such debts and
liabilities.
5. REAL ESTATE:
The parties hereto acknowledge and agree that they are the owners of a certain improved tract
of real estate known as 225 Neil Road, Shippensburg, Cumberland County, Pennsylvania. For and in
consideration of the mutual covenants and agreements herein contained in the body of this
instrument. Husband and Wife further stipulation and agree that Wife shall refinance or secure a
release of the existing mortgage obligation for Husband and pay Husband the sum of$5000.00, for
his interest in the marital property. The sum of$5,000.00 shall be paid to Husband no later than five
(5) business days from the date of close of refinance of property, imd refinancing shall occur within
ninety (90) days ofthis agreement. Husband shall deed his interest in said real estate over to wife at
the time of refinancing or as close thereto as is practicably possible, but not before Wife turns over
personal property to Husband as set forth in Paragraph 8 below. Wife shall be responsible for the
preparation of the necessary deed and Wife shall bear the cost ofthe preparation and filing of said
deed.
6. WARRANTY AS TO EXISTING OBLIGATIONS:
Each party represents that they have not heretofore incUlTed or contracted for any debt or
liability or obligation for which the estate ofthe other party may be responsible or liable, except as
may be provided for in this Agreement. Each party agrees to indemnify or hold the other party
harmless from and against all such debts, liabilities or obligations of every kind, which may have
heretofore been incurred by them, including those for necessities" except for the obligations arising
out of this Agreement.
7. WARRANTY AS TO FUTURE OBLIGATIONS:
Wife and Husband each covenant, warrant, represent and agree that each will now, and at all
times hereafter, save harmless and keep the other indemnified from all debts, charges and liabilities
incurred by the other after the execution of this Agreement, except as may be otherwise specifically
provided for by the terms of this Agreement, and that neither of them shall hereafter incur any
liability whatsoever for which the estate of the other may be liable.
8. PERSONAL PROPERTY:
Wife shall return to Husband the following items of personal property:
a) Husband's tools, mostly located in the shed along with any other personal property of
Husband's located in the Shed at the time of separation;
b) one-half (112) of the children's childhood pictures;
c) the "wedding ring" quilt that Mr. Line received from his Mother; and
d) the blue fireplace mantel.
Husband shall return to Wife one-half (112) of the camp pictures of the children.
The parties have undertaken to agree upon an orderly disposition of personal property, and
the property agreed to be distributed to each will hereafter be deemed to be his or her sole and
separate property, free and clear of any right, title or claim ofma:rital property therein by the other.
Except as otherwise herein provided, each of the parties shall hereafter own, have and enjoy,
independently of any claim or right of the other party, all items of real or personal property, tangible
and intangible, now or hereafter belonging to him or her and now or hereafter in his or her
possession with full power to him or her to dispose of the same as fully and effectually in all respects
and for all purposes as though he or she were unmarried, and as to all such properties each party
transfers all his or her right, title and interest therein to the other respectively.
9. DIVORCE:
Husband has commenced an action for divorce from Wife pursuant to Pennsylvania Divorce
Code (irretrievable breakdown) by filing a Complaint in the Court of Common Pleas of Cumberland
County, Pennsylvania. Upon the signing of this Agreement, both parties shall execute and forward
Affidavits of Consent to the Divorce and Waivers of Notice of Intention to Request Entry of a
Divorce Decree Under Section 3301 (c) of the Divorce Code. It is further agreed and understood that
any decree of divorce issuing in this matter shall reflect that Husband will bear the cost of same in
his individual capacity. Each of the parties hereto agrees that this Agreement represents a complete
and final agreement as to their respective property rights which arose from the marital relationship
and, therefore, mutually waive any and all rights that they may have under the Pennsylvania Divorce
Code, Act Number 1980-26, as amended, for equitable distribution.
10. WAIVER OF COUNSEL FEES, ALIMONY AND ALIMONY PENDENTE LITE:
Husband and Wife do hereby waive, release and give up any rights they may respectively
have against the other for counsel fees and expenses, alimony, alimony pendente lite, spousal support
or maintenance.
11. VEHICLES:
It is further stipulated and agreed by and between the parties hereto that each party shall
hereafter own, possess or otherwise hold the motor vehicles which are currently in the possession of
each respective party, free and clear of marital interest therein by the other. Each party shall
hereafter be responsible for their own vehicle loans and maintenance with respect to said motor
vehicle, and shall hold the other harmless for the same. Husband shall remove Wife's name from all
vehicle loans on vehicles that are in Husband's possession within thirty (30) days of execution of this
Agreement. Wife shall remove Husband's name from all vehicle :loans on vehicles that are in Wife's
possession within thirty (30) days of the execution of this agreeffil~nt. Wife shall sign off of the title
to Husband's Chevrolet Caviler and Husband shall sign off of the title of the vehicle wife is currently
driving. Should it become necessary for either party to execute titles, registration, or similar
documents to perfect the sole and separate interest herein addressed, that party shall, upon the request
of the opposite party, immediately comply with the same.
12. LEGAL EXPENSES AND COURT COSTS:
Each party shall bear his/her own legal fees and costs.
13. EOUlT ABLE DISTRIBUTION OF PROPERTY:
It is specifically understood and agreed that this Agreement constitutes an equitable
distribution of property, both real and personal, which was legally and beneficially acquired by
Husband and Wife, or either of them, during the marriage as contemplated by The Act of April 2,
1980 (PL. No. 63, No. 26) known as The Divorce Code, 23 P.S. 101 et seq. Ofthe Commonwealth
of Pennsylvania, as amended.
14. ENFORCEMENT:
The parties agree that this Agreement may be enforced in any court of competent jurisdiction
by petition for an affirmative injunction, money judgment for arrearage, or any other procedure
compatible with the rules of court.
15. SEVERABILITY:
If any term, condition, clause or provision of this Agreem(mt shall be determined or declared
to be void or invalid in law or otherwise then, only that term, condition, clause or provision shall be
stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in
full force, effect and operation. Likewise, the failure of any party to meet his or her obligations
under anyone or more of the paragraphs herein with the excfption of the satisfaction of the
conditions precedent, shall in no way avoid or alter the remaining obligations of the party.
16. APPLICABLE LAW:
The parties acknowledge that this Agreement has been negotiated and executed in the
Commonwealth of Pennsylvania, and that the laws of the Commonwealth of Pennsylvania shall be
controlling in any disputes arising out of this Agreement or concl~ming interpretation of it.
17. SUMMARY OF EFFECT OF AGREEMENT:
It is specifically understood and agreed by and between the parties hereto, and each party
accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all
said parties' rights against the other for any past, present and fuhrre claims
on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and
expenses, equitable distribution of marital property and any other claims of each party, including all
claims raised by them in the divorce action pending between the parties.
18. TAX CONSEOUENCES:
By this Agreement, the parties have intended to effectuate an equitable division of their
marital property. The parties have determined that such division conforms to a right and just
standard with regard to the rights of each party. The division of existing marital property is not,
except as may be otherwise expressly provided herein, intended by the parties to institute 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 ofthe marital estate.
19. MODIFICATION AND WAIVER:
No modification or waiver of any of the terms hereof shall be valid unless in writing and
signed by both parties, or unless such modification or waiver shaH be by subsequent order of court.
20. RETIREMENT ACCOUNTS:
(a) The parties recognize that Husband has a retirement plan as a result of his employment.
For the mutual promises and covenants contained in this Agreement, Wife hereby waives all right,
title, claim or interest she may have by equitable distribution or otherwise in this pension plan.
(b) The parties recognize that Wife has a retirement plan as a result of her employment. For
the mutual promises and covenants contained in this Agreement, Husband hereby waives all right,
title, claim or interest he may have by equitable distribution or otherwise in this pension plan.
(c) Each party specifically waives any and all rights to pre-retirement death benefits and
survivor benefits under the other's pension or retirement planes), and each acknowledges that the
effect of this waiver is that he or she will not be entitled to any benefits whatsoever from these
contracts, plans or accounts if the other dies before or after reaching retirement age and each agrees
and unequivocally consents to the designation by the other of any alternate or further beneficiaries at
any time.
21. LIFE INSURANCE:
The whole life insurance policy on Zachary B. Line, the son ofthe parties born October 26,
1987, shall remain in the ownership of Husband until Zachary B. Line reaches the age of eighteen.
Husband shall not dispose of, surrender, borrow against or otherwise alienate said life insurance.
Should Zachary B. Line die before reaching the age of eighteen (Jl8) years, the proceeds of said life
insurance policy shall go to the estate of Zachary B. Line. Upon Zachary B. Line reaching the age of
eighteen (18), said life insurance policy shall transfer to the ownership of Zachary B. Line. Upon
attaining the age of eighteen (18) years, Zachary B. Line may at his option dispose of, cash,
surrender, retain, etc. said life insurance policy as he sees fit.
22. HEALTH INSURANCE AND MEDICAL BILLS:
Upon execution ofthis Agreement each party shall be sole:ly responsible for paying the costs
of his or her own medical bills and his or her own health insurance. Neither party shall have any
obligation, whatsoever, to cover the other party's health insurance or medical bills.
23. BANKRUPTCY:
The respective duties, covenants and obligations of each party under this Agreement shall not
be discharged by bankruptcy but, if any bankruptcy court shall discharge any party of accrued
obligations to the other, this Agreement shall continue in full force and effect thereafter as to any
duties, covenants and obligations accruing or to be performed thereafter.
24. RECONCILIATION:
The parties shall only affect a legal reconciliation which supersedes this Agreement by their
signed agreement containing a specific statement that they have reconciled and that this Agreement
shall be null and void. Otherwise, this Agreement shall remain in full force and effect. Further, the
parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement,
shall not affect in any way the legal effect of this Property and Separation Agreement, or cause any
new marital rights or obligations to accrue.
25. DUTY TO EFFECTUATE AGREEMENT:
Each party shall, at any time and from time to time here:after, take any and all steps, and
execute, acknowledge and deliver to the other party any and all firrther instruments and assurances
that the parties may reasonably require, for the purpose of giving full force and effect to the
provisions of this Agreement. In addition, the parties hereto agr1ee that within ten (10) days of the
date of submission of the other party, either party shall sign any document necessary for the
completion and effectuation of the terms of this Agreement. Any costs, including attorney fees,
necessitated by enforcement of this Agreement shall be borne by the party refusing to honor the
terms and conditions ofthis Agreement.
26. NOTICES:
Any and all notices given hereunder shall be in writing and shall be sent by certified mail,
return receipt requested as follows:
a. To Husband, at 2502 Lawyer Road,
Chambersburg, Pennsylvania 17201
b. To Wife at 225 Neil Road, Shippensburg, Pennsylvania 17257.
or shall be sent to such addresses as supplied by the parties to each other in writing from time to
time.
27. WHOLE AGREEMENT:
This Agreement constitutes the entire understanding of the parties. It supersedes any and all
prior agreements between the parties. There are no representations or warranties other than those
expressly set forth herein.
28. CAPTIONS:
The captions of this Agreement are inserted only as a matter of convenience and for
reference, and in no way define, limit or describe the scope and intent of this Agreement, nor in any
way effect this agreement.
29. AGREEMENT BINDING ON HEIRS:
This Agreement shall be binding and shall inure to the benefit ofthe parties hereto and their
respective heirs, executors, administrators, successors and assigrls.
30. BREACH OF AGREEMENT:
If either party fails in the due performance of obligations under this Agreement, at their
election, the non-breaching party shall have the right to sue for damages for breach of this
Agreement or to rescind same and seeks such legal remedies as may be available to them. The
breaching party shall be responsible for actual legal fees and costs incurred by the non-breaching
party necessary to the enforcement of this Agreement.
31. INTEGRATION:
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. This Agreement shall survive integration by any court into any
judgment for divorce and shall continue to have independent legal significance as a written contract
separate from such judgment for divorce and may be enforced as an independent contract.
32. EFFECT OF DIVORCE DECREE:
The parties agree that unless otherwise specifically provided herein, this Agreement will
continue in full force and effect after such time as a final decree in divorce may be entered with
respect to the parties, and shall be incorporated into said Divorce Decree.
WHEREAS, the parties hereto state that he or she, in the procurement and execution of this
Agreement, has not been subjected to any fraud, concealment, over-reaching, imposition, coercion,
or other unfair dealing on the part of the other, or on the part of either's counsel.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals to this
Property and Separation Agreement, the day and year first above written.
WITNESS: ~
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
BENJAMIN F. LINE,
Plaintiff
CNIL ACTION - LAW
-vs-
No. 01-4452 Civil Term
JANETTA S. LINE,
Defendant
IN DIVORCE a v.m.
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information to the Court for
entry of a divorce decree:
1) Grounds for divorce: irretrievable breakdown under Section 330l(c) of the
Divorce Code.
2) Date and manner of service of the complaint:
The Complaint was filed on July 23,2003; service was made on the
Defendant by Certified Mail, Return Receipt, on August 30, 2001 at 225
Neil Road, Shippensburg, Cumberland County Pennsylvania, 17257.
3) Date of execution of the affidavit required by Section 330](c) of the
Divorce Code: The date of execution of the affidavit required by Section
330l(c) ofthe Divorce Code: by Plaintiff: Se:ptember 5, 2003; by
Defendant: September 4, 2003.
4) Related claims pending: None.
5) Date Plaintiffs Waiver of Notice in Section 330](c) Divorce was filed
with the ProthonotarY: September 9,2003.
Date Defendant's Waiver of Notice in Section 330](c) Divorce was filed
with the ProthonotarY: September 9, 2003.
Respectfully submitted:
~~~~
Dougla.s R. Roeder, Esquire
Attorn(:y for Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
-vs-
CIVIL ACTION-LAW
NO. 0 1- .lf4S~ Ct'ulL 'r~
BENJAMIN F. LINE, PLAINTIFF
JANETTA S. LINE, DEFENDANT
IN DIVORCE a v.m.
NOTICE TO DEFEND AND CLAIM RIGHTS
TO: Janetta S. Line, Defendant
You have been sued in Court. If you wish to defend against the claims set
forth in the following pages, you must take prompt oetion. You are warned that
if you fail to do so, the case may proceed without YOIJ and a decree of divorce or
annulment ,may be entered against you by the Court. A judgment may also be
entered against you for any other claim or relief requested in these papers by the
Plaintiff. You may lose money or property or other rights important to you, including
custody or visitation of your children.
When the ground for 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 at the Cumberland County Court
House, One Courthouse Square, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION Of PROPERTY, LAWYER'S FEES OR
EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSETHE RIGHT
TO CLAIM ANY OF 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 HELl?
Pennsylvania Bar Association-Lawyer Referral Service
Telephone 1-800-692-7375 (PA only)
or 717-238-6715
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities Aet of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having
business before the Court, please contaet the Prothonotary's Office. All
arrangements must be made at least 72 hours prior to any hearing or business
before the Court. You must attend any scheduled conference or hearing.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYlVANIA
BENJAMIN F. LINE, PLAINTIFF
CIVIL ACTION-LAW
-vs-
NO.
JANETTA S. LINE, DEFENDANT
IN DIVORCE a v.m.
COMPLAINT UNDER SECTION 330HC) or CD) OF THE DIVORCE CODE
NOW comes the plaintiff and for cause of action against the Defendant says:
1.
Benjamin F. Line is the Plaintiff, who currently resides at 216 East Queen Street,
Apartment 3, Chambersburg, Franklin County, Pennsylvania, since June 1,2001.
2.
Janetta S. Line is the Defendant, who currently resides at 225 Neil Road,
Shippensburg, Cumberland County, Pennsylvania, since approximately 1986.
3.
Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania
for at least six months immediately previous to the filing of this Complaint.
4.
The Plaintiff and Defendant were married on Oetober 22, 1982, at Newburg,
Franklin County, Pennsylvania.
5.
A prior divorce aetion was filed in Cumberland County to docket number
3024 - 1991. This aetion was dismissed on October 25, 1994.
6.
The marriage is irretrievably broken.
7.
Plaintiff has been advised of the availability of counseling and that Plaintiff
may have the right to request that the Court require the parties to participate in
counseling.
8.
Plaintiff requests the Court to enter a decree of divorce.
Respeettully submitted,
tau'-<--t~
Carrie M. Bowmaster, Esquire
Attorney I.D. No. 70226
Reichard Law Offices, LLC
70 West King St.
Chambersburg, PA 17201
(717) 267-2288
I verify that the statements made in the attached Divorce Complaint are
true and correct. I understand that false statements made herein are made
subjeet to the penalties of 18 Pa.C.S.. Seetion 4904, relating to unsworn falsification
to authorities.
Date:
/ {flf-, 2001
~cfi
Benjamin F. Line, Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
BENJAMIN F. LINE, PLAINTIFF
CIVIL ACTION-LAW
-vs-
NO. Ol-4452-CiviI Term
JANETT A S. LINE, DEFENDANT
IN DIVORCE a v.m.
CERTIFICATE OF SERVICE
I, Kathy A. Barnhart, do hereby certify that I served a true and attested copy of the
Divorce Complaint in the above-captioned action on the defendant by certified mail, on
August 30, 2001, as evidenced by the attached receipt. )
,
Date: September 4, 2001
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SENDER: COMPLETE THIS SECTION
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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Is livery address different from item 1?
If YES, enter delivery address below:
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3. Ser.vice Type
Ji'Certified Mail
o Registered
D Insured Mail
o Agent
o Addressee
DYes
o No
o Express Mail
o Return Receipt for Merchandise
o C.OD,
4. Restricted Delivery? (Extra Fee)
2. Article Number
(Transfer from service label)
PS Form 3811, March 2001
7001 0360 0001 0376 6992
Domestic Return Receipt
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1Q2595-01-M-1424
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UNITED STATES POSTAL SERVICE
First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
. Sender: Please print your name, a(drls~, and ZIP+4 in this box.
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II U.S. postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mati Only No Insurance Cove/age Pro /dcd)
Postage $ $0.57
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Restricted Delivery Fee
(Endorsement Required)
$3.20
Total Postage & Fees $
$7.37
08/28/2001
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Certified Mail Provides:
. A mailing receipt
. A unique identifier for your majlpiace
. A signature upon delivery
· A record of delivery kept by the Postal Service for two years
Important Reminders:
· Certified Mail may ONLY be combined with Fjrst~Class Mail or Priority Mail.
. Certified Mail is not available for any class of international mail.
· NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
v}'I'Jables, please consider Insured or Registered Mail.
. f"or ,m additional fee, a Return Receipt may be requested to proVide proof of
deliver~'_ To obtain Return Receipt service, please complete and attach a Return
I~:'e-~eip, (PS Form 3811) to the article and add applicable postage to cover the
;'3'). Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for
n'duplicate return receipt, a USPS postmark: on your Certified Mail receipt is
'.Fx:~!i:-e(!.
l'I Fo!' Ri' additional fee, delivery may be restricted to the addressee or
addr"essee's authorized agent. Advise the clerk or mark the mailpiece with the
(In(jor~~elllent "Restricted Delivery".
· If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at tho post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT: Save this receipt and present it when making an inquiry.
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102595-D1-M-1047
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
BENJAMIN F. LINE,
Plaintiff
CNIL ACTION - LAW
-vs-
No. 01-4452 Civil Term
JANETTA S. LINE,
Defendant
IN DNORCE a v.m.
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under Section 3301(c) was filed on July 23,2001.
2. The marriage ofthe Plaintiff and the Defendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce as I have waived notice of
intention to request entry of divorce decree under 3301(c) of the Divorce Code.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements made hereunder are subject to the penalties of 18 P A
C.S. Section 4904 relating to unsworn falsification to authorities.
Date:
9~S--03
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III F. Line, Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
BENJAMIN F. LINE,
Plaintiff
CNIL ACTION - LAW
-vs-
No. 01-4452 Civil Term
JANETTA S. LINE,
Defendant
IN DNORCE a v.m.
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER !l3301(C) OF THE DIVORCE CODE
I. I consent to the entry of a final divorce decree without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if] do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy ofthe decree will be sent to me immediately after it is filed
with the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements made hereunder are subj ect to the penalties of 18 P A
C.S. Section 4904 relating to unsworn falsification to authorities.
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Date: r (; ~ 0.3
F. Line, Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
BENJAMIN F. LINE,
Plaintiff
CNIL ACTION - LAW
-vs-
No. 01-4452 Civil Term
JANETTA S. LINE,
Defendant
IN DNORCE a v.m.
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) was filed on July 23,2001.
2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce as I have waived notice of
intention to request entry of divorce decree under 330l(c) of the Divorce Code.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements made hereunder are subject to the penalties of 18 PA
C.S. Section 4904 relating to unsworn falsification to authorities.
Date: ~i ~ .)..pp3
~L{j.?7f~
J tta S. Lme, Defendant
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
BENJAMINF. LINE,
Plaintiff
CNIL ACTION - LAW
-vs-
No. 01-4452 Civil Term
JANETTA S. LINE,
Defendant
IN DNORCE a v.m.
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER &3301(C) OF THE DIVORCE CODE
1. I consent to the entry of a final divorce decree without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if] do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed
with the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements made hereunder are subject to the penalties of 18 PA
C.S. Section 4904 relating to unsworn falsification to authorities.
Date: Jfi
'I, .;2p~3
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Jan a S. Line, Defendant
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,
PENNSYL VANIA
BENJAMIN F. LINE, PLAINTIFF
CIVIL ACTION-LAW
-vs-
NO. Ol-4452-CIVIL TERM
JANETTA S. LINE, DEFENDANT
IN DIVORCE a v.m.
PRAECIPE TO REINSTATE DIVORCE
TO THE PROTHONOTARY:
Please reinstate the above-captioned civil complaint pursuant to Pa.R.c.P.
Sec. 1930.4(e). A copy of the original complaint is attached hereto.
~/l/l~~
Carrie M. Bowmaster, Esquire
For D.L. Reichard, II, Esquire
Reichard Law Offices, LLC
Dated: 'i?' j .J-3 J DI
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BENJAMIN F. LINE,
Plaintiff
CIVIL ACTION - LAW
v.
No. 01-4452 Civil Term
JANETTA S. LINE,
Defendant
IN DIVORCE a v.m.
NOTICE TO DEFEND
TO: Janetta S. Line
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 against you 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 property or other rights important
to you, including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary at: Franklin County Courthouse, 157 Lincoln Way East, Chambersburg, PA
17201.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE 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.
Pennsylvania Bar Association
Lawyer Referral Service
Telephone :(717) 238-6715 or 1-800-692-7375
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
BENJAMIN F. LINE,
Plaintiff
CIVIL ACTION - LAW
v.
No. 01-4452 Civil Term
JANETTA S. LINE,
Defendant
IN DIVORCE a v.m.
NOW COMES, the Plaintiff, Benjamin F. Line, and avers as follows in support of his
additional count in divorce:
COUNT II
EQUITABLE DISTRIBUTION
9.
The prior paragraphs in the Divorce Complaint filed July 23,2001 are incorporated
herein by reference thereto.
10.
Plaintiff and defendant have acquired property, both real and personal, during their
marnage.
11.
Plaintiff and defendant have been unable to agree as to an equitable distribution of said
property.
12.
Plaintiff requests the Court to equitably divide, distributf: and assign the marital property
between the parties as provided by Section 3502 of the Divorce Code.
VERIFICATION
I verify that the statements made in this affidavit are true: and correct. I understand that
false statements made hereunder are subject to the penalties of 18 Pa.C.S. Section 4904 relating
to unsworn falsification to authorities.
Date:-;J{)ll1l t( ~3
/2 '-Qf
~,. Line, Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that on this ~ day of LJUV\..L--
, 2003, I served a true and correct
copy ofthe foregoing document via United States mail, first class, postage pre-paid on the
following:
Jennetta S. Line
225 Neil Road
Shippensburg, P A 17257
Jerry A. Weigle, Esquire
126 East King Street
Shippensburg, P A 17257
BY:~ e. ~
Douglas R. Roeder, Esquire
Reichard Law Offices, LLC
70 West King Street
Chambersburg, P A 1720 I
(717) 267-2288
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
BENJAMIN F. LINE,
Plaintiff
CIVIL ACTION - LAW
v.
No. 01-4452 Civil Term
JANETTA S. LINE,
Defendant
IN DIVORCE a v.m.
NOTICE
If you wish to deny any of the statements set forth in this affidavit, you must file a
counter-affidavit within twenty (20) days after this affidavit has been served on you or the
statements will be admitted.
AFFIDAVIT UNDER SECTION
3301(0) OF THE DIVORCE CODE
1. The parties to this action separated on June 2, 2001 ~md have continued to live
separate and apart for a period of at least two (2) years.
2. The marriage of the Plaintiff and the Defendant is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if] do not claim them before a divorce is granted.
I verifY that the statements made in this affidavit are true and correct. I understand that
false statements made hereunder are subject to the penalties of 18 Pa.C.S. Section 4904 relating
Date:
JUJI e. 1/ ,1.{)03
,-eft
F. Line, Plaintiff
to unsworn falsification to authorities.
CERTIFICATE OF SERVICE~
{;r'Z /'
I hereby certify that on this _ day of J 1iVlL- , 2003, I served a true and correct
copy of the foregoing document via United States mail, first class, postage pre-paid on the
following:
Jennetta S. Line
225 Neil Road
Shippensburg, P A 17257
Jerry A. Weigle, Esquire
126 East King Street
Shippensburg, P A 17257
By:
wrJk
Douglas R. Roeder, Esquire
Reichard Law Offices, LLC
70 West King Street
Chambersburg, P A 1720 I
(717) 267-2288
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
BENJAMIN F. LINE,
Plaintiff
CIVIL ACTION - LAW
v.
No. 01-4452 Civil Term
JANETTA S. LINE,
Defendant
IN DIVORCE a v.m.
COUNTER-AFFIDAVIT OF CONSENT UNDER
SECTION 3301(D) OF THE DIVORCE CODE
TO: JANETTA S. LINE, Defendant
I. Check (a) or (b):
_(a) I do not oppose the entry of a divorce decree.
_Cb) I oppose the entry of a divorce decree because:
_(i) The parties to this action have not lived separate and apart for a period
of at least two (2) years.
_(ii) The marriage is not irretrievably broken,.
2. Check (a) or Cb):
_(a) I do not wish to make any claims for economic relief. I understand that I may
lose rights concerning alimony, division of property, lawyers' fees or expenses
if] do not claim them before a divorce is granted.
_Cb) I wish to claim economic relief, which may include alimony, division of
property, lawyers' fees or expenses or other important rights.
I understand that in addition to checking (b) above, I must also file all of my economic
claims with the Prothonotary in writing and serve them on the other party. IfI fail to do so
before the date set forth in the Notice of Intention to Request a Divorce Decree, the divorce
decree may be entered without further delay.
I verify that the statements made in this counter-affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904
relating to unsworn falsification to authorities.
Janetta S. Line
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE
DECREE, AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC
RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT.
CERTIFICATE OF SERVICE
I hereby certify that on this .s1laay of J /fi'lL.
, 2003, I served a true and correct
copy of the foregoing document via United States mail, first class, postage pre-paid on the
following:
Jennetta S. Line
225 Neil Road
Shippensburg, P A 17257
Jerry A. Weigle, Esquire
126 East King Street
Shippensburg, P A 17257
By:
~(k,~
Douglas R. Roeder, Esquire
Reichard Law Offices, LLC
70 West King Street
Chambersburg, P A 1720 I
(717) 267-2288
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
BENJAMIN F. LINE,
Plaintiff
CIVIL ACTION - LAW
v.
No. 01-4452 Civil Term
JANETTA S. LINE,
Defendant
IN DIVORCE a v.m.
AFFIDAVIT OF NON-MILITARY SERVICE
PURSUANT TO PA.R.C.P.1920.46
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF FRANKLIN
:SS
Plaintiff, Benjamin F. Line, being duly sworn according to law, deposes and says that he
is the plaintiff in the above-captioned matter, that he personally knows the Defendant is over the
age of eighteen years and that Defendant is not in the military service or in any branch of the
armed forces of the United States or its allies or otherwise within the provisions of the Soldiers'
and Sailors' Civil Relief Act of Congress of 1940 and the amendments thereto.
/~C[;
Sworn and subscribed before me
this LjYfl day of ~
yjjllt.~::d ~~7U71
/ Not ublic '
,2003.
Notarial Seal
Shelva J. Barton, Notal\' Public
Wayneobcll? Bore. Franklin County
My Cuo...-. Expiras Nov. 15, 2003
CERTIFICATE OF SERVICE
rfl, ..-
I hereby certify that on this ~ day of J Vh..L.- , 2003, I served a true and correct
copy of the foregoing document via United States mail, first class, postage pre-paid on the
following:
Jennetta S. Line
225 Neil Road
Shippensburg, P A 17257
Jerry A. Weigle, Esquire
126 East King Street
Shippensburg, P A 17257
By:
~cHl e k
Douglas R. Roeder, Esquire
Reichard Law Offices, LLC
70 West King Street
Chambersburg, PA 17201
(717) 267-2288
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
BENJAMIN F. LINE,
Plaintiff
CIVIL ACTION - LAW
v.
No. 01-4452 Civil Term
JANETTA S. LINE,
Defendant
IN DIVORCE a v.m.
COUNTER-AFFIDAVIT OF CONSENT UNDER
SECTION 3301(D) OF THE DIVORCE CODE
TO: JANETTA S. LINE, Defendant
I. Check (a) or (b):
~(a) I do not oppose the entry of a divorce decree.
_(b) I oppose the entry of a divorce decree because:
_(i) The parties to this action have not lived separate and apart for a period
of at least two (2) years.
_(ii) The marriage is not irretrievably broken.
2. Check (a) or (b):
_(a) I do not wish to make any claims for economic relief. I understand that I may
lose rights concerning alimony, division of property, lawyers' fees or expenses
if I do not claim them before a divorce is granted.
~) I wish to claim economic relief, which may include alimony, division of
property, lawyers' fees or expenses or other important rights.
I understand that in addition to checking (b) above, I must also file all of my economic
claims with the Prothonotary in writing and serve them on the other party. If I fail to do so
before the date set forth in the Notice of Intention to Request a Divorce Decree, the divorce
decree may be entered without further delay.
I verify that the statements made in this counter-affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904
relating to unsworn falsification to authorities.
~l.of~
J tta S. Lme
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE
DECREE, AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC
RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT.
CERTIFICATE OF SERVICE
I hereby certify that on thisS1!aay of JI/11\..L.
, 2003, I served a true and correct
copy of the foregoing document via United States mail, first class, postage pre-paid on the
following:
Jennetta S. Line
225 Neil Road
Shippensburg, P A 17257
Jerry A. Weigle, Esquire
126 East King Street
Shippensburg, P A 17257
By:
~~ 0<, ~L--
Douglas R. Roeder, Esquire
Reichard Law Offices, LLC
70 West King Street
Chambersburg, P A 17201
(717) 267-2288
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BENJAMIN F. LINE,
Plaintiff
CIVIL ACTION - LAW
v.
NO. 01-4452 Civil Term
JANETTA S. LINE,
Defendant
IN DIVORCE a v.m.
NOTICE TO DEFEND
To: Benjamin F. Line
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 judgement may also be entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When grounds 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 at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYWER 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 Associ~ltion
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
A COUNT FOR ALIMONY PENDENTE LITE AND ALIMONY IS INCLUDED
HEREIN AND A HEARING IS REOUESTED.
WEIGLE & ASSOCIATES. RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BENJAMIN F. LINE,
Plaintiff
CIVIL ACTION - LAW
v.
NO. 01-44!l2 Civil Term
JANETTA S. LINE,
Defendant
IN DIVORCE a v.m.
PETITION FOR RELATED CLAIMS UNDER DIVORCE CODE
NOW COMES, the Defendant, Janetta S. Line, and avers as follows in support of her
additional counts in divorce:
COUNT I - ALIMONY
I. Petitioner is Defendant above named, who currently resides at 225 Neil Road,
Shippensburg, Southampton Township, Cumberland County, Pennsylvania 17257, since
approximately 1986.
2. Respondent is the Plaintiff above named, who currently resides at 216 South Queen
Street, Chambersburg, Franklin County, Pennsylvania 17201, since June I, 2001.
3. Petitioner and Respondent were married on October 22, 1982, at Newburg, Franklin
County, Pennsylvania.
4. Respondent has heretofore filed a complaint for divorce: as of the above caption.
5. Petitioner lacks sufficient property to provide for her reasonable means and is unable to
support herself through appropriate employment.
6. Petitioner requires reasonable support to adequately maintain herself in accordance with
the standard of living established during the marriage.
WHEREFORE, the Petitioner prays your Honorable Court to enter an award of alimony.
COUNT II - ALIMONY PENDENTE LITE. COUNSEL FEES.
COSTS AND EXPENSES
7. Paragraphs I through 6 are incorporated herein by reference as though set forth in full.
WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
8. Petitioner has employed counsel, but is unable to pay the necessary and reasonable
attorney's fees for said counsel.
9. Petitioner is unable to sustain herself during the course of this litigation.
10. Petitioner requests the Court to enter an award of Alimony Pendente Lite and to enter an
award of Alimony in her favor.
12. Petitioner requests that this petition be heard by th,e Cumberland County Domestic
Relations Office.
WHEREFORE, the Defendant requests your Honorable Court to enter an award of
alimony pendente lite, interim counsel fees, costs, and expenses, until final hearing and
thereupon award such additional counsel fees, costs, and expenses as deemed appropriate.
Respectfully submitted,
WEIGLE & ASSOCIATES, P.C.
rry A. eigle, Esquire
Attorney fc~r Defendant
Attorney IID No. 01624
126 East King Street
Shippensburg, PA 17257
717-532-7388
WEIGLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
VERIFICATION
I verify that the statements made in the foregoing Petition for Related Claims Under
Divorce Code 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.
Dated:
IJ,/~o~
(~...tUJ.~,
~S.LINE
WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
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