Metropolitan Life Insurance Company v. Norowitz
Federal Civil Lawsuit New York Southern District Court, Case No. 7:10-cv-00415
District Judge Cathy Seibel, presiding

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No Logo R.N., Counter-Claimant

Toggle Switch Represented by Keane & Beane

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Christopher John Aventuro +1 914 946 4777

Toggle Switch Represented by Kurzman Eisenberg Corbin Lever & Goodman, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Fred David Weinstein +1 914 285 9800 +1 914 285 9855 fweinstein@kelaw.com
No Logo A.K., Defendant

Toggle Switch Represented by Keane & Beane

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Christopher John Aventuro +1 914 946 4777
No Logo H.N., Defendant

Toggle Switch Represented by Keane & Beane

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Christopher John Aventuro +1 914 946 4777
No Logo Howard Edward Norowitz, Defendant
No Logo I.K., Defendant

Toggle Switch Represented by Keane & Beane

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Christopher John Aventuro +1 914 946 4777
No Logo M.K., Defendant

Toggle Switch Represented by Keane & Beane

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Christopher John Aventuro +1 914 946 4777
No Logo R.N. Sandra Faye Kipust, Defendant
Metropolitan Life Insurance Company Metropolitan Life Insurance Company, Counter-Defendant

Toggle Switch Represented by McElroy Deutsch Mulvaney & Carpenter, LLP-Greenwood Village

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY KERRY CAREW THORBURN +1 973 993 8100 rknepper@mdmc-law.com
Citation Section 29 U.S.C. § 1001
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
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Legal Document (Payment Possibly Required)  Filed: 3/10/2011, Entered: None Unknown Document Type
CASHIERS OFFICE REGISTRY DISBURSEMENT as per 21 Stipulation and Order, dated 12/20/2010, from Judge Cathy Seibel, on 01/28/2011 disbursed to pay KEANE & BEANE, PC $1,300.00 Check No. 00918671 dated 01/28/2011 FEDEX# 8655 7112 8104 (jd)
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    Legal Document (Payment Possibly Required)  Filed: 3/10/2011, Entered: None Unknown Document Type
    CASHIERS OFFICE REGISTRY DISBURSEMENT as per 21 Stipulation and Order, dated 12/20/2010, from Judge Cathy Seibel, on 01/28/2011 disbursed to pay HOWARD NOROWITZ AS TRUSTEE OF A TRUST FOR THE BENEFIT OF RUSSEL NOROWITZ $32,191.50 Check No. 00918670 dated 01/28/2011 FEDEX# 8655 7112 8104 (jd)
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      Legal Document (Payment Possibly Required)  Filed: 3/10/2011, Entered: None Unknown Document Type
      CASHIERS OFFICE REGISTRY DISBURSEMENT as per 21 Stipulation and Order, dated 12/20/2010, from Judge Cathy Seibel, on 01/28/2011 disbursed to pay HOWARD NOROWITZ AS TRUSTEE OF A TRUST FOR THE BENEFIT OF HANNAH NOROWITZ $32,191.50 Check No. 00918668 dated 01/28/2011 FEDEX# 8655 7112 8104 (jd)
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        Legal Document (Payment Possibly Required)  Filed: 3/10/2011, Entered: None Unknown Document Type
        CASHIERS OFFICE REGISTRY DISBURSEMENT as per 21 Stipulation and Order, dated 12/20/2010, from Judge Cathy Seibel, on 01/28/2011 disbursed to pay SANDRA FAYE KIPUST AS CUSTODIAN OF A UGMA ACCT. FOR THE BENEFIT OF ISAAC KIPUST $21,466.50 Check No. 00918668 dated 01/28/2011 FEDEX# 8655 7112 8104 (jd)
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          Legal Document (Payment Possibly Required)  Filed: 3/10/2011, Entered: None Unknown Document Type
          CASHIERS OFFICE REGISTRY DISBURSEMENT as per 21 Stipulation and Order, dated 12/20/2010, from Judge Cathy Seibel, on 01/28/2011 disbursed to pay SANDRA FAYE KIPUST AS CUSTODIAN OF A UGMA ACCT. FOR THE BENEFIT OF MAX KIPUST $21,466.50 Check No. 00918667 dated 01/28/2011 FEDEX# 8655 7112 8104 (jd)
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            Legal Document (Payment Possibly Required)  Filed: 3/10/2011, Entered: None Unknown Document Type
            CASHIERS OFFICE REGISTRY DISBURSEMENT as per 21 Stipulation and Order, dated 12/20/2010, from Judge Cathy Seibel, on 01/28/2011 disbursed to pay SANDRA FAYE KIPUST AS CUSTODIAN OF A UGMA ACCT. FOR THE BENEFIT OF ADAM KIPUST $21,455.50 Check No. 00918666 dated 01/28/2011 FEDEX# 8655 7112 8104 (jd)
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              Legal Document (Payment Possibly Required)  Filed: 1/26/2011, Entered: None Unknown Document Type
              Certified Copy of STIPULATION OF SETTLEMENT, Document No. 22, sent to Finance Unit at 500 Pearl Street via interoffice envelope for Distribution of Funds. (mml)
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                Legal Document (Payment Possibly Required) 22 Filed: 1/26/2011, Entered: None Unknown Document TypeCourt Filing
                STIPULATION OF SETTLEMENT: IT IS HEREBY STIPULATED AGREED AND ORDERED THAT: The Clerk of the Court shall distribute the monies currently on deposit as follows: A check in the amount of $1,300.00 made payable to Keane & Beane, P.C. representing their reasonable attorney's fees for legal services rendered by Christopher J. Aventuro, Esq., as Guardian Ad Litem in this action; a check in the amount of $32,175.00 made payable to Howard Norowitz, as Trustee of a Trust for the Benefit of Russel Norowitz; a check in the amount of $32,175.00 made payable to Howard Norowitz, as Trustee of a Trust for the Benefit of Hannah Norowitz; a check in the amount of $21,450.00 made payable to Sandra Faye Kipust, as custodian of an UGMA account for the benefit of Isaac Kipust; a check in the amount of $21,450.00 made payable to Sandra Faye Kipust, as custodian of an UGMA account for the benefit of Max Kipust; a check in the amount of $21,450.00 made payable to Sandra Faye Kipust, as custodian of an UGMA account for the benefit of Adam Kipust; any remaining monies on deposit shall be paid in 5 equal shares to: Howard Norowitz, as Trustee of a Trust for the Benefit of Russel Norowitz; Howard Norowitz, as Trustee of a Trust for the Benefit of Hannah Norowitz; Sandra Faye Kipust, as custodian of an UGMA account for the benefit of Isaac Kipust; Sandra Faye Kipust, as custodian of an UGMA account for the benefit of Max Kipust; and Sandra Faye Kipust, as custodian of an UGMA account for the benefit of Adam Kipust. (Signed by Judge Cathy Seibel on 1/26/2011) (mml) (Entered: 01/28/2011)
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                  Legal Document (Payment Possibly Required) 21 Filed: 12/20/2010, Entered: None Unknown Document TypeCourt Filing
                  CONSENT JUDGMENT:...STIPULATED AGREED AND ORDERED that this action is dismissed with prejudice and it is further STIPULATED AGREED AND ORDERED that a copy of this judgment shall be served upon all parties within seven (7) days of receipt thereof. SO ORDERED (Signed by Judge Cathy Seibel on 12/20/2010) (rj) (Entered: 12/21/2010)
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                    Legal Document (Payment Possibly Required)  Filed: 11/22/2010, Entered: None Unknown Document Type
                    Set/Reset Hearings: Conference set for 12/21/2010 at 09:15 AM before Judge Cathy Seibel. (rj)
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                      Legal Document (Payment Possibly Required) 20 Filed: 11/22/2010, Entered: None Unknown Document TypeCourt Filing
                      ENDORSED LETTER addressed to Judge Cathy Seibel from Fred D. Weinstein dated 11/18/2010 re: I am writing to request an adjournment of our conference scheduled for tomorrow, November 19,2010 for a period of three weeks to allow for completion of a settlement between the parties.. ENDORSEMENT: Conference adjourned to 12/21/2010 9:15am. Future request should be made 48 hours in advance per my Individual Practices. SO ORDERED (Signed by Judge Cathy Seibel on 11/18/2010) (rj) (Entered: 11/23/2010)
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                        Legal Document (Payment Possibly Required) 19 Filed: 11/18/2010, Entered: None Unknown Document Type
                        NOTICE OF APPEARANCE by Christopher John Aventuro on behalf of A.K., H.N., I.K., M.K., R.N. (mml) (Entered: 11/23/2010)
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                          Legal Document (Payment Possibly Required) 18 Filed: 11/4/2010, Entered: None Unknown Document TypeCourt Filing
                          ENDORSED LETTER addressed to Judge Cathy Seibel from Fred D. Weinstein dated 11/2/2010 re:...I am writing to request an adjournment of our conference scheduled for this Friday, November 5,2010 to Friday, November 19,2010. Randi Knepper, counsel for Metropolitan Life, and Christopher J. Aventuro, the Guardian Ad Litem for the minor children of our clients, have both consented to the request for the adjournment... ENDORSEMENT: Conference adjourned to November 19,2010 @11:00 am. SO ORDERED (Signed by Judge Cathy Seibel on 11/2/2010) (rj) (Entered: 11/04/2010)
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                            Legal Document (Payment Possibly Required)  Filed: 11/3/2010, Entered: None Unknown Document Type
                            Set/Reset Hearings: Conference set for 11/19/2010 at 11:00 AM before Judge Cathy Seibel. (rj)
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                              Legal Document (Payment Possibly Required) 17 Filed: 10/6/2010, Entered: None Unknown Document TypeCourt Filing
                              ORDER ADOPTING GUARDIAN AD LITEM:It is ordered that Christopher J. Aventuo, Esq. Keane & Beane, P.C., 445 Hamilton Avenue, White Plains, New York 10601, (914_ 946-4777, be and is hereby appointed the Guardian of Ad Litem for R.N., H.N., M.K., and A.K., persons under disability, to appear for and protect their interests in the above entitled action.SO ORDERED (Signed by Judge Cathy Seibel on 10/5/2010) (rj) (Entered: 10/07/2010)
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                                Legal Document (Payment Possibly Required)  Filed: 5/21/2010, Entered: None Unknown Document Type
                                Set Deadlines/Hearings: Status Conference set for 9/17/2010 at 09:45 AM before Judge Cathy Seibel. (mml)
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                                  Legal Document (Payment Possibly Required)  Filed: 5/21/2010, Entered: None Unknown Document Type
                                  Minute Entry for proceedings held before Judge Cathy Seibel: Initial Pretrial Conference held on 5/21/2010. Counsel to submit letters to the Court by June 11, 2010 re: appointment of guardian. If Judge Seibel is to appoint guardian, counsel to make such application by June 25, 2010. If application to appoint guardian is to be made in the State Court, it should be done not later than July 16, 2010. A status conference is scheduled for September 17, 2010 at 9:45 a.m. If guardian has not been appointed by September 17, 2010, counsel should so inform the Court. See transcript. (Court Reporter Albi Gorn) (mml)
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                                    Legal Document (Payment Possibly Required) 16 Filed: 5/21/2010, Entered: None Unknown Document Type
                                    ANSWER to Complaint., COUNTERCLAIM against Metropolitan Life Insurance Company. Document filed by R.N..(Weinstein, Fred) (Entered: 05/21/2010)
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                                      Legal Document (Payment Possibly Required)  Filed: 5/11/2010, Entered: None Unknown Document Type
                                      Set/Reset Hearings: Conference set for 5/28/2010 at 10:00 AM before Judge Cathy Seibel. (mml)
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                                        Legal Document (Payment Possibly Required) 15 Filed: 5/11/2010, Entered: None Unknown Document TypeCourt Filing
                                        ENDORSED LETTER addressed to Judge Cathy Seibel from Randi F. Knepper dated 5/7/2010 re: We would appreciate Your Honor accepting this correspondence as our request to adjourn the conference scheduled for May 14, 2010, at 10:00 AM... ENDORSEMENT: Conference adjourned to: 5/28/2010 at 10:00 AM. SO ORDERED. (Signed by Judge Cathy Seibel on 5/11/2010) (mml) (Entered: 05/11/2010)
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                                          Legal Document (Payment Possibly Required)  Filed: 4/26/2010, Entered: None Unknown Document Type
                                          Set/Reset Deadlines: R.N. answer due 5/21/2010; Howard Edward Norowitz answer due 5/21/2010; Sandra Faye Kipust answer due 5/21/2010; H.N. answer due 5/21/2010; I.K. answer due 5/21/2010; M.K. answer due 5/21/2010; A.K. answer due 5/21/2010. (mml)
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                                            Legal Document (Payment Possibly Required) 14 Filed: 4/26/2010, Entered: None Unknown Document TypeCourt Filing
                                            STIPULATION: It is hereby stipulated and agreed by and between the attorneys for the Plaintiff and the attorneys for the Defendants that the time in which the Defendants may appear and respond to the Plaintiff's complaint in the above-captioned action is extended up to and including May 21, 2010.... SO ORDERED. (Signed by Judge Cathy Seibel on 4/23/2010) (mml) (Entered: 04/26/2010)
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                                              Legal Document (Payment Possibly Required) 13 Filed: 4/14/2010, Entered: None Unknown Document TypeCourt Filing
                                              NOTICE OF INITIAL COURT CONFERENCE: Initial Conference set for 5/14/2010 at 10:00 AM before Judge Cathy Seibel. (mml) (Entered: 04/15/2010)
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                                                Legal Document (Payment Possibly Required)  Filed: 3/26/2010, Entered: None Unknown Document Type
                                                Set/Reset Deadlines: Sandra Faye Kipust answer due 4/30/2010; I.K. answer due 4/30/2010; M.K. answer due 4/30/2010; A.K. answer due 4/30/2010. (mml)
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                                                  Legal Document (Payment Possibly Required) 12 Filed: 3/26/2010, Entered: None Unknown Document TypeCourt Filing
                                                  STIPULATION: it is here by stipulated and agreed by and between the attorneys for the Plaintiff and the attorneys for Defendants that the time in which the Defendants may appear and respond to the Plaintiff's complaint in the above-captioned action is extended up to and including April 30, 2010... SO ORDERED. (Signed by Judge Cathy Seibel on 3/26/2010) (mml) (Entered: 03/26/2010)
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                                                    Legal Document (Payment Possibly Required) 11 Filed: 3/16/2010, Entered: None Unknown Document Type
                                                    WAIVER OF SERVICE RETURNED EXECUTED. A.K. waiver sent on 2/21/2010, answer due 4/22/2010. Document filed by Metropolitan Life Insurance Company. (Knepper, Randi) (Entered: 03/16/2010)
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                                                      Legal Document (Payment Possibly Required) 10 Filed: 3/16/2010, Entered: None Unknown Document Type
                                                      WAIVER OF SERVICE RETURNED EXECUTED. M.K. waiver sent on 2/21/2010, answer due 4/22/2010. Document filed by Metropolitan Life Insurance Company. (Knepper, Randi) (Entered: 03/16/2010)
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                                                        Legal Document (Payment Possibly Required) 9 Filed: 3/16/2010, Entered: None Unknown Document Type
                                                        WAIVER OF SERVICE RETURNED EXECUTED. I.K. waiver sent on 2/21/2010, answer due 4/22/2010. Document filed by Metropolitan Life Insurance Company. (Knepper, Randi) (Entered: 03/16/2010)
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                                                          Legal Document (Payment Possibly Required) 8 Filed: 3/16/2010, Entered: None Unknown Document Type
                                                          WAIVER OF SERVICE RETURNED EXECUTED. Sandra Faye Kipust waiver sent on 2/21/2010, answer due 4/22/2010. Document filed by Metropolitan Life Insurance Company. (Knepper, Randi) (Entered: 03/16/2010)
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                                                            Legal Document (Payment Possibly Required) 7 Filed: 3/9/2010, Entered: None Unknown Document Type
                                                            WAIVER OF SERVICE RETURNED EXECUTED. R.N. waiver sent on 3/1/2010, answer due 4/30/2010. Document filed by Metropolitan Life Insurance Company. (Knepper, Randi) (Entered: 03/09/2010)
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                                                              Legal Document (Payment Possibly Required) 6 Filed: 3/8/2010, Entered: None Unknown Document Type
                                                              WAIVER OF SERVICE RETURNED EXECUTED. H.N. waiver sent on 3/1/2010, answer due 4/30/2010. Document filed by Metropolitan Life Insurance Company. (Knepper, Randi) (Entered: 03/08/2010)
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                                                                Legal Document (Payment Possibly Required) 5 Filed: 3/8/2010, Entered: None Unknown Document Type
                                                                WAIVER OF SERVICE RETURNED EXECUTED. Howard Edward Norowitz waiver sent on 3/1/2010, answer due 4/30/2010. Document filed by Metropolitan Life Insurance Company. (Knepper, Randi) (Entered: 03/08/2010)
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                                                                  Legal Document (Payment Possibly Required)  Filed: 3/3/2010, Entered: None Unknown Document Type
                                                                  CASHIERS OFFICE CRIS DEPOSIT dated 2/8/10, from Judge Judge Cathy Seibel, $130,000.00 from WIRE TRANSFER deposited on 2/23/10, Receipt Number 709546 and placed into CRIS on 3/3/10. (dig)
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                                                                    Legal Document (Payment Possibly Required)  Filed: 2/11/2010, Entered: None Unknown Document Type
                                                                    Transmission of copy of Order [Doc. 3] to the Cashier in NYC. This copy was sent via courier on 2/11/10 to the Cashier's office in NYC. (fk)
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                                                                      Legal Document (Payment Possibly Required) 4 Filed: 2/9/2010, Entered: None Unknown Document TypeCourt Filing
                                                                      LETTER addressed to Judge Cathy Seibel from Randi F. Knepper dated 2/4/2010 re: We would appreciate Your Honor accepting this correspondence as MetLife's request that an order to deposit sum of money with the court be entered in the form submitted herewith... Document filed by Metropolitan Life Insurance Company.(mml) (Entered: 02/11/2010)
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                                                                        Legal Document (Payment Possibly Required) 3 Filed: 2/9/2010, Entered: None Unknown Document TypeCourt Filing
                                                                        ORDER TO DEPOSIT SUM OF MONEY WITH THE COURT...So Ordered. (Signed by Judge Cathy Seibel on 2/9/10) (fk) (Entered: 02/11/2010)
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                                                                          Legal Document (Payment Possibly Required) 2 Filed: 1/19/2010, Entered: None Unknown Document Type
                                                                          RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying MetLife, Inc. as Corporate Parent. Document filed by Metropolitan Life Insurance Company.(rj) (Entered: 01/21/2010)
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                                                                            Legal Document (Payment Possibly Required)  Filed: 1/19/2010, Entered: None Unknown Document Type
                                                                            Magistrate Judge George A. Yanthis is so designated. (rj)
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                                                                              Legal Document (Payment Possibly Required)  Filed: 1/19/2010, Entered: None Unknown Document Type
                                                                              Case Designated ECF. (rj)
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                                                                                Legal Document (Payment Possibly Required)  Filed: 1/19/2010, Entered: None Unknown Document Type
                                                                                SUMMONS ISSUED as to Howard Edward Norowitz, Sandra Faye Kipust, H.N., I.K., M.K., A.K.. (rj)
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                                                                                  Legal Document (Payment Possibly Required) 1 Filed: 1/19/2010, Entered: None Unknown Document Type
                                                                                  INTERPLEADER COMPLAINT against Howard Edward Norowitz, Sandra Faye Kipust, H.N., I.K., M.K., A.K..Document filed by Metropolitan Life Insurance Company. (Attachments: # 1 Part 2, # 2 Part 3)(rj) (Entered: 01/21/2010)
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