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., IN THE COURT OF COMMON PLEAS :
. OF CUMBERLAND COUNTY 8
., .
: STATE OF '* PENNA. :
. .
., .
., ALICE F. YATES, 4349 Civil .
., No. .......... 1<)95.,
., Y"I'SlI" .
(I JUCHARD y, YA'l.'E$, JR., .
., .
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., .
., DECREE IN .
: DIVORCE .
- .
I ANDNOW,,,,,,,,,,~~~'~,~,",,I~", 19.~<.., it Is ordered and ~
~ decreed that ........' . . . A.LICE. .F: YATE~, . .. .. ... .. .. .. .. . ., plaintiff, .
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. :;: ~i~;~~~' ~;~~;~:~::::: :f' :::~~~~Jy' ~,.,. ,. , . , " . . .. . " defendant, ~
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. The court retains jurisdiction of the following claims which have ·
., been raised of record in this action for which a final order has not yet .
. been entered; None t
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. .~ .~~~!! '. ,~:t:'~rtY ,SettleJTEnt, lIo/eenent. date? June. ?!. .1,9.'?3!. ~.~~ .i,~ . , .
. .~~~ ,,?~ . ~rd in. ~s rratter, is incorporated by reference, rot not .
~ merged into this Decree, ' , . . , . , , , . . .. ..,.,....,.,..,.,...,.,.. .
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PROPERTY OETTLIMINT AGREEMINT
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THIa AOUIJCJlNT, made this 7 day of -.JIA.-l'\.( , 1995, by and
between RICDRD V. YATI., JR" hereinafter called "Husband" and
ALICI .,. YATI., hereinafter caUed "Wife",
WITNIl.SETB:
WHEREAS, Husband and Wife where lawfully married on January
25, 1969; and
WHEREAS, differences have arisen between Husband and Wife in
consequence of which they desire to live separate and apart from
each other; and
WHEREAS, as of this date there is no proceeding for the
divorce of the parties pending in any juriSdiction; and
WHEREAS, Husband and Wife desire to settle and determine
their respective finanoial and property rights and obligations as
well as enter into an Agreement which will distribute their
marital proptirty in a manner which is considered to be an
equitable division of all property, and will provide for their
mutual responsibilities and rights growing out of the marriage
relationship as between each other including, without limitation:
ownership and equitable distribution of marital p~opertYI past,
pre.ent and future support, alimony, alimony pendente lite and/or
maintenance of wifs by Husband or of Husband by Wife; and in
general, any and all claims and possible claims by one against
the other or. against their respective estates; and
WHEREAS, the parties have no minor Children; and
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WHEREAS, there has been a full and complete disclosure ot
the earnings and property ot each party, and each understands
his/her rights under the Divorce Code of the Commonwealth of
Pennsylvania.
NOW THEREFORE, in consideration of these premises and the
promises contained herein, the parties hereto intending to be
legally bound agree as follows:
1, Divorce and SeDaratio~: It shall be lawful for each
party at all times hereafter to live separate and apart trom the
other party at such place that he or she may from time to time
choose or deem fit in their sole discretion, The toregoing
provision shall not be taken as an admission on the part ot
either party of the lawfulness of the causes leading to their
living apart.
2. Interference: Each party shall be free from
interterence, authority, and contact by the other, as fully as it
he or she were single and unmarried, except as may be necessary
to carry out the provisions of this Agreement, Neither party
shall molest the other nor attempt to endeavor to molest the
other, nor compel the other to cohabit with the other, nor in any
waf harass or malign the other, nor in any way intertere with the
peacetul exi.tence, s~parate and apart from the other,
3. Eauitable Distribution ot Marital ProDertv: The parties
have attempted to distribute their marital property in a manner
which contorms to the criteria set torth in Section 3502 ot the
Pennsylvania Divorce Code, and taking into account the following
considerations: the length ot the marriage; the fact that it is
the tirst marriage tor both Husband and Wite; the age, health,
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station, amount and sources ot income, vocational skills,
employability, estate, liabilities and needs of each ot the
parties, the contribution ot each party to the education,
training or increased earning power ot the other party, the
opportunity ot each party tor tuture acquisitions ot capital
assets and income, the sources ot income ot both parties,
inclUding but not limited to medical, retirement, insurance or
other benetits; the contribution or dissipation of each party in
the acquisition, preservation, depreciation or appreciation ot
the marital property, including the contribution of each spouse
as a homemaker, the value ot the property set apart to each
party; the standard ot living of the parties established during
the marriage; and the economic circumstances of each party at the
time the division ot property is to become effective.
The division ot existing marital property is not intended by
the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the
introduction ot outside tunds or other property not constituting
marital property, The division of property under this Agreement
shall be in tull satistaction of all marital rights ot the
partie..
4. Real Procertv: All rights, title and interest in the
marital home in which the parties resided, being 813 sixteenth
street, (also known as 813 West sixteenth Street) New CUmberland,
Cumberland County, Pennsylvania, now titled in the name of
Husband and Wite as tenants by the entities, shall be transferred
to and remain the sole and exclusive property ot Wite. Wite
shall be sol.ely responsible tor all encumbrances against the
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property, Wife shall elso be solely reBponBible for all cOBte of
maintenance, utilities, taxes and insurance for the property,
Wife shall indemnify and hold harmless Husband from any and all
claims or demands made against her by reason of any said debts or
obligations, contemporaneously with execution of this Agreement,
Hueband shall execute and deliver to Wife a special warranty deed
or such other deed in a form satisfactory to Wife, to convey all
right, title and interest of Husband in the marital home,
Husband agrees to execute any and all deeds, documents, or
additional papers necessary to effect such transfer of title to
Wife upon request, Husband further specifically acknowledges and
agrees that he has no claim, right, interest or title whatsoever
in said property in the future.
5, Division of Personal PrODertv: It is agreed by and
~ between the parties that Husband shall retain the 1988 Buick
CkNTvtly
~3db~. and any replacement or substitute thereof, titled in his
name, free and clear of any right, title, claim or interest on
the part of the Wife. Wife shall retain the 1987 Honda Accord
and any replacement or substitute thereof titled in her name,
which accordingly, shall become the sole property of Wife, and be
free and clear of any right, title, claim or interest on the part
of Husband, Each party shall be solely responsible respectively
for all insurance therefore as well as any liens or encumbrances
on the vehicle retained by eech party.
It is understood and made a part of this Agreement that all
items of personal property including all contents of the marital
home and personal effects, have been divided between and to the
satisfaction of both parties, and each party hereby releases the
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other from any and all claims they may have on any and all such
property presently in the possession of the other party unless
provided otherwise by the terms of this Agreement.
Neither party shall make any claim to any such items of
marital property, or of the separate personal property of the
party, which are now in the possession and/or under the control
of the other, Should it become necessary, the parties each agree
to sign, upon request, any titles or documents necessary to give
effect to this paragraph,
All property shall be deemed to be in the possession or
under the control of either party if, in the case of tangible
personal property, the item is physically in the possession or
control of the party at the time of the signing of this
Agreement, and in the case of intangible personal property, if
any physical or written evidence of ownership, such as passbook,
checkbook, policy or certificate of insurance or a similar
writing is in the possession or. control of the party,
From and after the date of the signing of this Agreement
both parties shall have complete freedom of disposition as to
their separate property and any property which is in their
possession or control pursuant to this Agreement and may
mortgage, sell, grant, convey, or otherwise encumber or dispo..
of such property whether real or personal, whether the property
was acquired before, during or after marriage, and neither
Husband or Wife need join in, consent to, or acknowledge any
deed, mortgag~, or any other instrument of the other pertaining
to such disposition of propgrty unless provided otherwise by the
terms of this Agreement,
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6. Pensions: Husband and Wife agree that they each shall
have no rights or interest whatsoever in any of the other party's
pension plans, retirement end employment benefits, Husband and
Wife agree and shall each be deemed to be in the possession and
control of his or her individual pension and their employee
benefits packages, plans or retirement benefits of any nature and
kind whatsoever with the exception of Social Security or
equivalent Railroad Retirement benefits, if any, to which either
party may have a vested or contingent right or interest at tho
time of the signing of this Agreement, and neither will make any
claim against the other for any interest in such benefits.
7. Wife's Debts: Wife represents and warrants to Husband
that since their separation on April 30, 1995 she has not and in
the future will not contract or incur any debt or liability for
which Husband or his estate might be responsible and shall
indemnify and save harmless Husband from any and all claims or
demands made against him by reason of debts or obligation
incurred by her,
8, Husband's Debts: Husband represents and warrants to
Wife that since their separation on April 30, 1995 he has not and
in the future he will not contract or incur any debt or liability
for which Wife or her estate might be responsible and shall
indemnify and save harmless Wife from any and all claims or
demands made 3gainst her by reason of debts or obligations
incurred by him,
9. Outstandina Joint Debts: In the event th3t either party
contracted or incurred any debts since their separation, the
party who incurred said debts shall be responsible for the
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payment thereof regardless of the name in which the account may
have been charged.
10, Medical Insurance: Each party shall be solely
responsible for hi. and her own health and medical insurance and
the cost and expense thereof. Wife agrees that she .hall
continue to keep Husband on her own health and medical in.urance
coverage as long as they remain married and the cost or expense
thereof will paid by Husband to Wife. Husband agrees to obtain
and purchase hi. own health and medical insurance at the first
eligible open season through his employer which shall be no later
than June 1, 1996,
11, Alimonv. Counsel Fees and EXDenses: Each party agree.
that he/she shall not be entitled to receive alimony, alimony
pendente lite or support from the other at any time now or in the
future. Each party shall be responsible for his or her own
coun.el tee. and expenses, and each agrees to indemnity, detend
and save the other harmless trom any action commenced against the
other to~ counsel tees and expenses in connection with the
preparation ot this Agreement or any divorce action filed hereto.
12, Tax Liabilitv: The parties believe and agrae, and have
been 80 advised, each at their sole discretion, by their
respective attorneys that the division of property made by this
Agreement is a non-taxable division of property between co-owners
rather than a taxable sale or exchange of property, Each party
promi.e. not to take any position with respect to the adjusted
ba.i. of the property assigned to him or her or with respect to
any other is.ue which is inconsistent with th~ position .et forth
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in the preceding sentence on his or her federal, state or local
income tax returns.
13. Time of Distribution: The assets and interests to be
transferred under and pursuant to this Agreement shall be
conveyed and transferred to the respective parties immediately
upon the execution of this Agreement, unless provided otherwise
by this Agreement.
14. Release: subject to the provisions of this Agreement,
each party has released and discharged, and by this Agreement
doe. for himself or herself, and his or her heirs, legal
representatives, executors, administrators and assigns, release
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and discharge the other of and from all causes of action, claims,
rights, or demands, inCluding support and alimony, whatsoever in
law or equity, which either of the parties ever had or now has
against the other, except any and all causes of action for
divorce and all causes of action for breach of any provisions of
this Agreement, Subject to the provisions of this Agreement each
party waives his or her right to dlimony and equitable
di.tl'ibution of property notwithstanding the pennsylvania
"Divorce Code" known as Act No, 26-1980 as amended, Each party
also waives his/her right to request marital counseling pursuant
to Section 3302 of the Divorce Code,
15, HAivers of Claims Aaainst Estates: Except as herein
otherwise provided, each party may dispose of his or her property
in any way, and each party hereby waives and relinquishes any and
all rights he or she may now have or hereafter acquire under the
pre.ent or future laws of any jurisdiction, to share in the
property or the .stat. of the other as a result of the marital
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relationship, including without limitation, dower, curtesy,
.tatutory allowance, widow's allowance, right to take by
intestacy, right to take against the will of the other, and right
to act as administrator or executor of the other's estate, and
each will, at the request of the other, execute, acknowledge and
deliver any and all instruments which may be necessary or
advisable to carry into effect this mutual waiver and
relinquishment of all such interests, rights and claims,
16, Aareement Not Predicated on Divorce: It is
.pecifically understood and agreed by and between the parti.s
hereto and each of the said parties does hereby warrant and
represent to the other, that the execution and delivery of this
Agreement is not predicated upon nor made subject to any
agreement for institution, prosecut~on, defense, or for the non-
prosecution or non-defense of any action for divorce; provided,
however, that nothing contained in this Agreement shall prevent
or preclude either of the parties hereto from commencing,
instituting or prosecuting any action or actions for divorce,
either absolute or otherwise, upon just, legal and proper
grounds; nor to prevent either party from defending any such
action which has been, mayor shall be instituted by the other
party, or from making any just or proper defense thereto. It i.
warranted, covenanted and represented by Husband and Wife, each
to the other, that this Agreement is lawful and enforceable and
this warranty, covenant and representation is made for the
specific purpose of inducing Husband and wife to execute the
Agreement, Husband and Wife each knowingly and understandingly
hereby waive. any and all possible claims that this Agreement i.,
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tor any reason, illegal or for any reason whatsoever,
unenforceable in whole or in part. Husband and Wife each do
hereby warrant, covenant and agree that, in any possible event,
he and she are and shall forever be estopped from asserting any
illegality of entorceability as to all or any part of this
Agreement.
17, Subseauent Divorce: Nothing herein contained shall be
deemed to provent either of the parties from maintaining a suit
for absolute divorce against the other in any jurisdiction based
upon any past or future conduct of the other, nor to bar the
other trom defending any such suit. In the event any such action
is instituted or concluded, the parties shall be bound by all the
terms of this Agreement, which shall be incorporated by reference
into the Divorce Decree, for the purpose of enforcement only and
shall not be merged in such Decree, but shall in all respects
eurvive the same and be forever binding and conclusive upon the
parties,
18, Additional Instruments: Each of the parties shall from
time to time, at the request of the other, execute, acknowledge
and deliver to the other party any and all further instruments
that may be reasonably required to give full force and effect to
the provisions of this Agreement.
19, Riahts on Execution: Immediately upon the execution ot
this Agreement, the rights of each party against the other,
despite their continuing marital status, shall tenainate and be
the same as if they were never married,
20, SeDarabilitv: In case any provisione of this Agreement
should be held to be contrary to, or invalid under, the law ot
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any country, state or other jurisdiction, such illegality and
invalidity shall not in ~ny way affect the other provisions
hereot, allot which shall continue, nevertheless, in full torce
and ettect,
21, Entire Aareement: This Agreement contains the entire
understanding ot the parties and there are no representations,
wa~ranties, covenants or undertakings other than those expressly
set torth herein,
22, Moditication and Waiver: A modification or waiver of
any ot the provisions ot this Agreement shall be effective only
if made in writing and executed with the same formality as this
Agreement, The failure of either party to insist upon strict
pertormance of any of the provision~ of this Agreenent shall not
be construed as a waiver of any subsequent default of the same or
similar nature.
23, Intent: It is the intent of the parties by this
Agreement to tully and finally foreclose any resort to the courts
tor reliet on the basis of any statute or case law presently
existing or which may exist in the future within the Commonwealth
ot Pennsylvania, other than as provided by this instrument, it
is intended that the court shall treat the parties as if they had
never entered into a marital relationship. This Agreement shall
be interpreted and governed by the laws of the Commonwealth ot
Pennsylvania, and where such law is inconsistent, the terms of
this instrument shall govern.
24. Knowledae of Terms: Each of the parties has caretully
read and fully considered this Agreement and all of the
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statements, terms, conditions and provisions thereof prior to
their signing below,
25, Descriotive Headinas: The descriptive headings used
herein are for convenience only. They shall have no effect
whatsoever in determining the ri,ghts or obligations of the
parties.
26. Breach: If either party breaches any provision ot this
Agreement, the other party shall have the right, at his or her
election, to sue for damages for such breach, or seek such other
remedies or relief as may be available to him or her, and the
party breaching this contract shall be responsible for payment of
legal fees and costs, including reasonable attorney'. fees,
incurred by the other in enforcing his or her rights under this
Agreement.
27. Di~closure: Husband and wife each represent and
warrant to the other that he or she has made a full and complete
disclosure to the other of all assets of any nature whatsoever in
which such party has an interest, the sources and amount of the
income of such party of every type whatsoever and of all other
facts relating to the subject matter of this Agreement.
28, Husband and Wife eech agree to give the other prompt
written notice of any litigation threatened or instituted against
either party which might constitute the basis of a claim for
indemnity by either Husband or Wife against the other pursuant to
the terms of this Agreement.
29, This Agreement has been prepared pursuant to terms
agreed upon between the parties and should be interpreted fairly
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ALICR .,. YATR8, I III TBI COURT 0., COKKOM PLRas
plaintiff I CUJOIIIlLAIID COUNTY, 1'11DI8YLVUIj
I 110, (li 1'>1r,/ (I, 1:'( " I
v. I ( 11\,
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RICJUUU) V. YATI8, JR., I CIVIL ACTION - LAW
Defendant I III DIVORCI
NOTICI TO 01.,1110 AND CLAIM RIOHTS
YOU BAVW 811N SUID IN COURT. It you wish to detend against
the claims set torth in the following pages, you must take prompt
action, You are warned that it you tail to do so, the ca.e may
proceed without you and a decree ot divorce or annulment may be
entered against you by the Court. A judgment may also be entered
against you tor any other claim or reliet requested in these
papers by the Plaintitf. You may lose money or property or other
rights important to you, including custody or visitation ot your
children.
When the ground for the divorce is indignities or
irretrievable breakdown ot the marriage, you may request marriage
counseling, A list of marriage counselors is available in the
Otfice ot the Prothonotary, Cumberland county courthouse, One
Courthouse Square, Carlisle, Pennsylvania 17013-3387,
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,
Court Administrators oftice
Cumberland County Courthouse
One Courthouse Avenue
Carlisle, PA 17013-3397
(717) 240-6200
ALICI .. IA'1'I', I II' '1'.1 Coua'1' O. CONKOII .UU
.1aiD~iff I CUIIB.aLUD COUll'l'I, .......ILVUIA
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v. I 110.
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aICBAJU) V. YA'1'I', JR., I CIVIL AC'1'IOII - LAW
DefeDdaDt I III DIVORCI
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN NAMED DEFENDANT:
You have been named as the Defendant in a divorce proceeding
filed in the Court of Common Pleas of Cumberland County,
Pennsylvania, This notice is to advise you that in accordance
with Section 3302(d) of the Divorce Code, as amended, you may
request that the Court require you and your spouse to attend
marriage counseling prior to a Divorce Decree being handed down
by the Court. A list of professional marriage counselors is
available at the Domestic Relations Office, Cumberland County
Court House, 3 South Hanover Street, Carlisle, Pennsylvania, You
are advised that this list is kept as a convenience to you and
you are not bound to choose a counselor from the list, All
necessary arrangements and the cost of counseling services are to
be borne by you and your spouse,
If you desire to pursue counseling, you must make your
request for counseling within twenty (20) days of the date on
which you receive this Notice, Failure to do so will constitute
a waiver of your right to request counseling.
Dated:
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County
ALICI r. YAT.., I IH TBI COURT or COKKOH JlLlU
JllaiDtift I CUHBIRLAHD COl1HTY, PIJlHSYLVUIA
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v. I NO.
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RICDIUl V. YATI., JR., I CIVIL ACTIOH - LAW
Defendant I IH DIVORCI
COMPLAIHT
And now come., plaintiff, Alice F. Yates, by and through her
attorneys, Xundrat , Sedor, and make. claim against Oefendant,
Richard V. Yates, Jr" averring in support thereof as follows:
1. Plaintiff is Alice F. Yates, who currently resl.des at
.
813 16th Street, New Cumberland, Cumberland County, Pennsylvania
11010.
2, Defendant is Richard V, Yates, Jr., who currently
re.ide. at 28 East Manor Avenue, Enola, Cumberland County,
Penn.ylvania 11025.
3, Plaintiff and Oefendant have been bona fide residents
of the Commonwealth of pennsylvania for a period of at least six
months immediately previous to the filing of this Complaint,
4. Plaintiff and Oefendant were married on January 25,
1969 in Frederick, Maryland,
5. There have been no prior actions of divorce or tor
annulment between the partie..
6. The marriage is irretrievably broken.
1. plaintiff has been advised that counseling is available
and that Plaintift may have the right to request that the COlIn
require the parties to participate in counseling.
WHEREFORE, Plaintiff requests this Honorable Court enter a
Decree of Divorce toqether with such other relief as it may deem
proper and just,
Respectfully submitted,
SEDOR
uM~L'
, Laskowski, Esq,
Attorney I 0,. 37422
1800 Linqlestown Road
suite 304
Harrisburq, PA 17110
(717) 234-3911
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&LIC. .,. YA'l'.', I III TO COUR'l' 0., COIUlOII ,LaM
,1a1Dtiff I CUIUI.aLAIID COUIITY, ......YLVUIA
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v. I MO. "-.3.' CIVIL
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alCIIAItD V. YA'l'.', JR., I CIVIL ACTIO. - LAW
DefencJant I III DIVOaC.
CB.TI.ICATI O. .B.VICB
I, the undersigned, hereby certifY that I served a true and
correct certified copy of Plaintiff's Complaint in Divorce upon
Defendant, Richard V. Yates, Jr., by United states First Class
Mail, certified, return receipt requested, restricted delivery,
on August 17, 1995. The return receipt executed and dated August
21, 1995 by Defendant, Richard V. Yates, Jr., is attached hereto
marked as Exhibit "A" and incorporated herein by reference,
Respectfully submitted,
KUNDRAT , SEDOR
Date:
/I-l5- 'is'
stanley J, A, Esquire
Attorney I,D, 0, 37422
1800 Linglestown Road
suite 304
HarriSburg, PA 17110
(717) 234-3911
Attorneys for Plaintiff
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