August 2013
NURSING MOTHERS in the WORKPLACE PROTECT Yourself LEGALLY
Our seven dedicated surgeons are among the region’s most advanced at performing minimally invasive surgical procedures, endoscopy and wound care. Lyle F. Anderson, Jr., MD Ronald G. Barsanti, MD Joseph P. Esposito, MD Timothy A. Leone, DO Michael J. Page, MD Anastasius O. Peter, MD J. Edward Wilson, MD
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WHAT’S
Inside
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LETTER FROM THE EDITOR
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SUCCESSFULLY NAVIGATING THE FMLA
Women’s Digestive Health Center Introducing a facility designed exclusively for women, and staffed completely by women. Dr. Sadiya Cheshty of RGAL is board certified in Gastroenterology and Internal Medicine and specializes in women’s digestive health. For more information about the Women’s Digestive Health Center visit www.RGAL.com.
The rules and regulations you should know.
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NURSING MOTHERS ARE PROTECTED IN THE WORKPLACE
To schedule an appointment with Dr. Cheshty call 717.544.3406.
The Affordable Care Act of March 2010 gave nursing moms federal backing.
11 WILL A NON-DISCRIMINATION POLICY PROTECT YOUR BUSINESS? What can and can’t happen if an employee feels discriminated against.
14 WORKPLACE SUPPLIES GO SUSTAINABLE More products are manufactured from recycled materials.
Dr. Sadiya Cheshty Medical Director
Women’s Digestive Health Center 694 Good Drive, Suite 23 Lancaster, PA 17601 (Adjacent to Women & Babies Hospital)
16 WOMEN–PROTECT YOURSELF LEGALLY FOR LIFE Some guidance on being and staying successful.
20 NO ‘ONE-SIZE-FITS-ALL’ APPROACH TO MENOPAUSE
www.RGAL.com
The many options to go about winning your fight against “the big M.”
22 WOMEN TO WATCH
Business Banking
New hires and promotions.
22 ACHIEVEMENTS & APPLAUSE Awards and accomplishments.
23 MEET AND GREET Regional networking events and meetings.
5 COVER STORY Jennifer Gallia loves being an attorney for Hershey Entertainment & Resorts. Because of her drive, enthusiasm, and initiative, the dream of working for them became a reality. She advises other women to “be bold, have confidence, don’t limit yourself — the possibilities are endless.” Giving back to the community is also important to Gallia, who volunteers at the Humane Society of Harrisburg Area. Cover photography courtesy of Revelation Photography, Carlisle.
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Note
career
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lifestyle
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wellness
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connections
August 2013 Vol. 10 - No. 8
PRESIDENT AND PUBLISHER DONNA K. ANDERSON
EDITORIAL Vice President and Managing Editor CHRISTIANNE RUPP
entral Pennsylvania is a great place to live, with an abundance and variety of entertainment destinations. One place that people come from all over the world to visit is Hersheypark. It’s “where life is just sweeter!” Jennifer Gallia’s life is sweeter because she has the job she aspired to since she was 7 years old—becoming an attorney. She later narrowed that down specifically to an attorney for Hershey Entertainment & Resorts and realized that position in 2001. Find out how her dream became a reality. Some of the issues we discuss in this issue of BusinessWoman can very likely affect our performance at work—the Family Medical Leave Act (FMLA), breastfeeding in the workplace, and discrimination in the workplace. Because women take a leave from work to bond with their newborn babies and they are also the predominant caregiver, it is important that you are familiar with FMLA and your company’s policy. It allows necessary time off while protecting your job. Make sure you are compliant with current breastfeeding regulations. Although the requirements are not
outlandish, they are very real and gives the new mother deserved privacy. Discrimination comes in many forms. As an employee, know what your obligations are if you are the receiver of harassment or discrimination. As an employer, understand the responsibility you have toward your employees. Do you know who is sued when an employee feels harassed or discriminated against? It’s generally not the offending employee but rather the company. Find out more. This summer, like most summers, has been extremely hot. Believe it or not, though, menopausal women can still have hot flashes. Although the severity of the symptoms of menopause affects each of us differently, learn how women are finding relief. Plans continue for our fall women’s events: – POWERLUNCH Capital Region, Cumberland County women’s expo, and the Lebanon County women’s expo. More information is included inside. Please check them out.
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Our doubts are traitors
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Contributing Writers LYNDA HUDZICK STEPHANIE KALINA-METZGER CIVIA KATZ JODY A. LEIGHTY JANE SCHUSSLER
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Story
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hen Jennifer Gallia of Hershey Entertainment & Resorts was only 7 years old, she started telling people that she was going to be an attorney one day. “From that point on, everything I did was done with the focus of going to law school and being a lawyer,” she said. Born in Bethlehem, Pa., she remembers that the justice system was a frequent topic of conversation growing up because her father was a corrections officer. Her desire to make a difference was encouraged by her mother, an RN, whose work with many challenging cases deeply impacted Gallia. She earned her associate’s degree in liberal arts from Northampton Community College and then transferred to Moravian College, where she earned a Bachelor of Arts in political science and criminal justice in 2000. After graduating from Moravian,
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she attended Widener University School of Law. Gallia believes that everything happens for a reason, and so when she couldn’t find a legal internship the summer after her first year of law school, she decided to take a job at The Hotel Hershey as a concierge, a decision that would strongly impact the course of her life. “As part of the training for the position, I went on the Hershey Trolley Works tour of Hershey,” she recalls. “After hearing about the history and amazing legacy of Catherine and
Milton Hershey, I knew I wanted to be an attorney at Hershey Entertainment & Resorts company (HE&R).” While working at the Hotel Hershey, a member of the management team asked her what she wanted to do after law school and “without any hesitation, I said I wanted to be an attorney for the company,” Gallia said. “After my second year of law school, I was again searching for a legal internship, and I remember a classmate of mine telling me ‘your’ job is posted in the Career Development Office— HE&R was hiring a legal intern for the
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Be bold, have confidence, don’t limit yourself— the possibilities are endless.
summer. I was so excited!” During the interview, it was made clear to her that HE&R was not planning to expand their legal department, and Gallia was told that unfortunately, there was no chance of a fulltime offer after her graduation from law school. The summer passed, and “as much as they kept trying to say goodbye, I kept saying that this is just goodbye for now,” she said. As luck would have it, she ended up working at HE&R as an intern throughout her third year of law school, and thus, knowing that she would not be interested in working anywhere else, she decided to boldly draft a proposal to submit to the general counsel explaining why expanding the legal department—by hiring her—would be a good idea. “My persistence paid off, and I was offered the position of staff attorney when I graduated! I still can’t believe that I have been a part of this company since 2001 and been practicing law for 10 years.”
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Because HE&R owns and/or manages a large variety of operations, Gallia enjoys the fact that there is no such thing as a typical day for her because she has the opportunity to provide all facets of legal counsel for those various operations. In a single day, “I could be assisting with a customs issue, providing counsel on a human resources matter, and negotiating a ride purchase agreement with an international manufacturer,” she said. Because the legal department is small, they are constantly managing multiple priorities. “I would say the majority of my time is spent reviewing and negotiating a wide variety of contracts. I also serve as the primary resource for the company’s compliance with PA liquor laws … and develop and administer corporate policies and compliance programs. I also assist with our board of directors and corporate governance matters and with managing the company’s overall involvement in Project Fellowship.” Project Fellowship is a program that pairs HE&R employees with Milton Hershey School student homes. “I am the team leader of an HE&R Project Fellowship that is paired with an elementary boys’ student home,” Gallia said. “We regularly get together with them and do a lot of fun activities. The thing I think our boys love the most is when we ‘show up’ and go to their school activities … You can see it in their faces—how much it means to them to have people there supporting them and cheering them on.” Connecting with the local community is very important to Gallia, and something she cares deeply about is helping homeless animals. Since 2004, when she first started volunteering at the Humane Society of Harrisburg Area (HSHA), Gallia has known she has a passion for helping animals and she’s been actively volunteering there ever since. She and her husband have two dogs of their own that they consider part of the family. “It kills me to know that approximately 6 to 8 million dogs and cats enter animal shelters every year in the U.S. and that approximately 3 to 4 million are euthanized,” she said.
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“HSHA is an animal welfare organization that serves Cumberland, Dauphin, Perry, and northern York counties. They take in more than 4,000 animals yearly, and like so many local organizations, they rely solely on the community for support.” Gallia is a proud recipient of the Tribute to Excellence Award for the YWCA of Greater Harrisburg. “This award has honored close to 500 women for their contributions to the workplace and community and has raised hundreds of thousands of dollars to support YWCA programs for women, children, and men,” she said. “To me, this award took on even greater meaning because I was selected by my co-workers at HE&R. Needless to say, I was so honored and humbled to be selected to be our company’s recipient of the award.” Another source of great pride for her is the fact that she was the first female attorney at HE&R and is now happy to share that the legal department currently is made up of three females and one male. “I have always felt respected and appreciated by employees at all levels within our company,” Gallia said. “HE&R is really a special place in that it embraces not only women throughout all ranks of the organization, but has really created an environment that welcomes all aspects of diversity and inclusion.” So what advice might this successful attorney give to other young women pursuing a dream? “Be bold, have confidence, don’t limit yourself—the possibilities are endless,” Gallia said. “Develop and maintain relationships, be resilient and persistent, and remember whatever you believe, if you work hard enough and are committed enough, you can achieve.” And while she loves to be directly involved in as many aspects of the company as she can, Gallia has also learned the art of letting go, and that is advice she is also eager to share. “I have grown so much personally and professionally by learning that,” she said. “I quickly learned early on in my career that I cannot do it all, but I have also learned that by letting go, I get the opportunity to coach and develop others to help them reach their full potential.”
~ August 2013 | BUSINESSWoman
Jennifer Gallia, a staff attorney at Hershey Entertainment & Resorts, has been a part of the company since 2001.
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Successfully Navigating the FMLA By STEPHANIE KALINA-METZGER
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ongress passed The Family Medical Leave Act (FMLA) in 1993 in an effort to protect employees against job loss due to illness. According to the legislation, individuals can be granted unpaid time off to care for a newborn or themselves if they become ill or to care for a spouse, son, daughter, or parent with a health condition. In 2008, military family leave provisions were added. “These provisions allow families of National Guard and Reserve personnel on active duty to take FMLA job-protected leave to manage their affairs deemed ‘qualifying exigencies,’” said Angela Ward, attorney at Lancaster-based law firm Going and Plank. “The rule defines ‘qualifying exigencies’ as short-notice deployment, military events, and related activities; childcare and school activities; financial and legal arrangements; counseling; rest and recuperation; post-deployment activities; and additional activities where the employer and employee agree to the leave,” she said. Under the FMLA, employees are guaranteed that group health benefits
will remain unchanged and that they can return to the same job, or an equivalent position, at the end of their leave. The legislation, which celebrated its 20th birthday in February of this year, was created by Congress to balance the needs of employees and employers. Since the law has undergone many revisions since its inception, navigating it can be tricky, and certain conditions must be met before employees can take advantage of the legislation. Employee Must Work for a “Covered Employer” Before an employee is entitled to the benefits of the FMLA, he or she must work for a “covered employer,” which, according to the U.S. Department of Labor, includes the following: • Public agencies, including local, state, and federal employers, and local education agencies (schools) • Private-sector employers who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year—
including joint employers and successors of covered employers Employee Must Have a History with the Company In order to take advantage of the FMLA, employees must have clocked 1,250 hours of service before the leave begins. According to Ward, these 1,250 hours include only those hours actually worked for the employer. “Paid leave and unpaid leave, including FMLA leave, are not included. Once those 1,250 hours are established, then the employer must provide the employee a total of 12 workweeks of unpaid, job-protected leave in any 12-month period,” she said. For those individuals who may be considering taking FMLA first and saving their vacation and sick time for the future, touching base with your human resources department to learn company policy is advisable before putting any plans in motion. “An employer may require the employee to use accrued paid vacation leave, paid sick leave, or family leave
for some or all of the FMLA-leave period,” said Ward. If employer policy does require that leave be exhausted first, then the employer is required to inform the employee in writing of the policy. Employee Responsibilities What responsibilities do employees have when preparing to take leave through the FMLA? “The FMLA requires that employees provide 30 days’ advance notice when the need is foreseeable, and as soon as ‘practicable’ when the need is unforeseeable. This generally means verbal notice within at least one or two business days of learning the need to take the leave,” said Ward. Employer Requirements Ward suggests employers provide workers with an employee handbook, which explains paid time off/FMLA guidelines. “When an employee requests FMLA leave, a separate, written notice of the policy must be given to the
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employee. If the employer fails to provide notice, the employee could be entitled to 12 weeks of FMLA leave, plus any eligible paid time off accrued,” said Ward. Furthermore, when an employee requests FMLA leave, or the employer acquires knowledge that leave may be requested under the FMLA, it is the responsibility of the employer to notify the individual of their eligibility within five business days, absent extenuating circumstances, according to Ward. “The eligibility notice must state whether the employee is eligible for FMLA leave, and if the employee is not eligible, it must state at least one reason why the employee is ineligible,” said Ward. According to the U.S. Department of Labor, FMLA notices must also be posted summarizing the provisions of the act and informing employees on how to file a complaint. Although employers are entitled to verify the legitimacy of FMLA requests by requiring medical certification, they must allow the employee 15 days to produce the documentation, according to Ward, and such files must be kept confidential. She suggests employers keep a single, separate, confidential medical file containing both FMLA and ADA medical information. “Employers must understand the confidentiality requirements under these two regulations and other bodies of law that apply to this information. For example, employers may not give supervisors and managers unlimited access to an employee’s medical files, although
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Under the FMLA, employees are
guaranteed that group health benefits will remain unchanged and that they can return to the same job, or an equivalent position, at the end of their leave.
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they may give them information concerning work restrictions and accommodations.” Keeping Up with the Changes Keeping up with the changes in the law is also essential for both the employer and employees who may take advantage of the law. Stay up to date and informed by periodically reviewing FMLA information located at the U.S. Department of Labor’s website at: www.dol.gov/whd/regs/compliance/ whdfs28.htm.
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Are Protected in the
F
or new moms, the prospect of returning to work after the birth of a child is frequently met with mixed emotions. Some mothers are eager to return to “the outside world” that exists beyond the new-motherhood cocoon of diapers and onesies. Others view the prospect with trepidation, often born of anxiety over how to blend the demands of their newest and most important role with the rigors of the office workday. And for mothers who would like to continue breastfeeding their infant after coming back to work, the practicalities of maintaining their supply of breast milk can be a bit intimidating. Not only must nursing mothers cart a host of breast-pump supplies with them to their jobs, but they must also find the time and privacy to express milk multiple times a day. But as of March 2010 and the passing of the Affordable Care Act, nursing moms have federal backing. The act included an amendment to the Fair Labor Standards Act that requires employers to allow reasonable break time for nursing mothers to express breast milk as frequently as needed— usually two to three times per eighthour shift. According to this “Break Time for Nursing Mothers” section, employers must also provide a private, nonbathroom place for one year after the child’s birth. This space must be “shielded from view and free from intrusion from coworkers and the public.” If an entire room is unavailable, the employer can meet the requirement by creating a temporary space with partitions or curtains. Whichever type of space is provided, the employee’s privacy needs to be ensured by a lock on the door or signage that indicates the room/space is in use. The nursing mother must also have a place to sit (not on the floor) and a flat surface on which to place the breast pump. Ideally, the location should have an electrical outlet so that
Workplace
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For mothers who would like to continue breastfeeding their infant after coming back to work, the practicalities of maintaining their supply of breast milk can be a bit intimidating.
By MEGAN JOYCE an electric pump can be plugged in. Another question on new mothers’ minds is where to store their milk once they’ve expressed it. Employers are not required to provide a refrigerator for nursing mothers, but they are required to allow her to bring the pump and an insulated food container to work for expressing and storing milk. If there is a refrigerator available, nursing mothers are permitted to store expressed breast milk in it; breast milk does not pose a safety hazard or hygiene issue for other employees. According to the Occupational Safety & Health Administration, breast milk does not qualify as a “potentially infectious material,” nor is it considered a bodily fluid by the Centers for Disease Control. An employer is not required to compensate nursing mothers for breaks taken to express milk; however, if an employer already provides paid breaks, an employee who uses that time to pump must be compensated in the same way that other employees are compensated for break time. And, if a nursing employee is not completely relieved from duty during a break to pump milk, she must be paid for that time. Companies with more than 50 employees “must comply with the law without exception,” and although exemptions for smaller companies are possible, a business with fewer than 50 employees is not automatically exempt. The small-business employer would need to first prove that providing a nursing mother with the necessary time and space to pump breast milk would create an “undue hardship” or lead to “significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business.” An exemption would only be granted as the result of an investigation stemming from an employee’s complaint; the Department of Labor does not grant prospective exemptions.
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Nursing Mothers
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Report Affirms Lifesaving Role of Colonoscopy – The New York Times February 22, 2012
The New England Journal of Medicine reported the results of a 20-year study, which shows that colonoscopy screening prevents death. visit www.RGAL.com to view and download the entire article.
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~ August 2013 | BUSINESSWoman
If an employee suspects her employer has violated the FLSA requirement, she should call the Department of Labor’s Wage and Hour Division toll-free at 866.487.9243 or find more information online at www.dol.gov/whd/ nursingmothers. The “Break Time for Nursing Mothers” amendment does not specify any penalties if an employer is found in violation of the law, but the DOL can seek injunctive relief in federal district court and may obtain reinstatement and lost wages for the employee, according to the United States Breastfeeding Committee. Plus, a nursing employee who takes breaks to pump milk may have a claim for disparate treatment if she is treated differently than employees who take breaks for other personal reasons. Finally, if a nursing employee lives in a state that has its own, stricter laws protecting nursing mothers, the standards required by the stronger state law prevail over the minimum protections offered by this federal amendment. Currently, 45 states, including Pennsylvania, have laws allowing women to breastfeed in any private or public place. Pennsylvania is also one of 28 states that exempt breastfeeding from public indecency laws. Twenty-four states now have laws specifically regarding breastfeeding in the workplace; Pennsylvania is not one of them. Nor is it among the 12 states that exempt nursing mothers from jury duty. The “Break Time for Nursing Mothers” section of the FLSA was a commonsense addition to the now 3year-old Affordable Care Act. In addition to the disease-fighting and health-promoting benefits for both mother and baby that breastfeeding affords, women comprise half the U.S. workforce and are the primary breadwinners in almost four out of 10 families. As demonstrated by a 2008 report published by the Department of Health and Human Services, any measures undertaken by employers to facilitate the continuance of breastfeeding after a new mother returns to work will benefit not only the mother, but also the business she serves—in terms of decreased absenteeism, reduced healthcare claims, and increased retention of its valuable female employees.
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Will a
Non-Discrimination Policy Protect Your Business? By CIVIA KATZ
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avigating discrimination and retaliation issues in the workplace can feel like walking through landmines. When is making a joke harassment? Can you dislike someone? When does an employee’s behavior cross a line? How does a business protect itself? Attorney Wanda Whare with Nikolaus & Hohenadel, LLP, in Lancaster, Pa., advises all employers to have an anti-harassment, discrimination, and retaliation policy that includes in it the requirement that employees report incidents of discrimination, harassment, and retaliation. “Every employer needs to have one, no matter what,” said Whare. “The employer is the one who is required by statute not to discriminate, so the employer is sued, not the employee who made the discriminatory remark.” The anti-harassment and discrimination policy protects the employer from the actions of their employees and vendors. An employer is at risk even if it has no knowledge of the discrimination. Two 1998 U.S. Supreme Court cases found vicarious liability against an employer for harassment by a supervisor. The employer was held responsible for harassment, even though management was unaware of it. This has far-reaching implications for employers who do not have a policy
that requires employees to report harassment, said Whare. “If your employer doesn’t have a policy and your supervisor harasses you, even if your employer (i.e., upper management) doesn’t know about that harassment, the employer is vicariously liable for the actions of the supervisor,” said Whare. “If the employer has a policy requiring employees to report harassment to certain individuals in the company (such as the president and/or director of human resources) and the employee does not report the harassment, that employer is not vicariously responsible for the harassment. That’s why the employer needs to have a policy.” Disliking someone does not constitute discrimination, but the employer is prohibited from discriminating against an employee because he or she is a member of a protected class. Protected classes, which are defined in the various state and federal antidiscrimination laws, include race, color, religion, age, disability, national origin, immigration status, sex, and, a new category, genetic information. Note that anyone can be subject to sexual harassment, male or female, from the same or opposite sex. “The employer or a supervisor can dislike anyone as long as the employer or supervisor doesn’t violate the law,” said Whare. “Certain actions are prohibited under the law, but, for
example, the supervisor may dislike you or discriminate against you because you drive a Ford. That is not a violation of law. Just because your supervisor doesn’t like you doesn’t mean you have a claim.” Genetic information is a newly protected category. An example of discrimination on the basis of genetic information may be that your employer discovers that you have the gene that predisposes you to breast cancer, and
the employer fires you because the employer does not want to incur the costs associated with treating the cancer. Even if it is ascertained that there has not been an actual case of discrimination, once an employee files a discrimination report, retaliation sometimes does occur because an employee has filed the claim. This retaliation is a violation of the law. “Even though you don’t have a true
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Treat people fairly and document everything.
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harassment case, it could be a retaliation case if the employer retaliates against you because you filed a claim,” said Whare, who said that this is a fast-growing area of claims. Whare recommends that, if an employee is feeling harassed or discriminated against, the employee should report it to the people noted in the company policy, or, if there is no policy, to someone in management, and the company is obligated to investigate the complaint. The employer must take action if there was discrimination or harassment, which may include training or disciplinary action against the employee(s) who is (are) responsible. An employer should have at least two people within the company to whom employees can report the discrimination. That way, if one of these named persons is the harasser, the employee can chose to report to the other named person. Discrimination is difficult to discern. “A lot of situations are just about fun, but some go over the edge,” said Whare. “Employers need to be very careful about allowing that kind of thing to happen. They have to look at the totality of circumstances, but, to be safe, employers need to clamp down on employee actions that may lead to someone feeling that they have been harassed. For example, employers should not allow the display of derogatory posters, cartoons, or drawings or other verbal or physical conduct of a sexual nature. ” Generally, the EEOC gives an employee 300 days and the PHRC 180 days from an incident to file a claim. However, Whare recommends moving quickly if you feel you have a case. For a business, it becomes critical to have a harassment and discrimination policy in place as well as to monitor the actions of employees. Fairness may be the best defense against any adverse legal action. “Treat people fairly and document everything. If someone isn’t doing a good job, document it. And treat everyone the same,” said Whare. “Try to be consistent. If you see [lewd] posters or calendars, take them down. Let the person who posted them know it’s not permitted. If you hear lewd or discriminatory comments, warn the employee that such comments are not allowed. Further, employers should regularly train employees regarding these kinds of things.”
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~ August 2013 | BUSINESSWoman
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FEATURED SPEAKER: Julie Lichty Authentic You: Life in Balance Authenticity is a rapidly growing cultural trend, and life balance is a hotly debated topic. Life can be overwhelming, as many of us juggle families, homes, careers, and so much more. As life speeds up, many women are looking for a way to slow down and find true personal fulfillment. Do you often think about whether it’s possible to feel more anchored, more centered within yourself? Do you wonder, deep down, if there is more? More time, more clarity, more confidence to genuinely savor your life? Join us at PowerLunch Capital Region where keynote speaker Julie Lichty will share thoughts about what it means to live authentically, to own your personal power, and to make choices that lead to much-desired balance in your life.
Julie Lichty www.julielichty.com www.facebook.com/julielichtyllc @BestCoachJulie Blog: www.julielichty.com/wordpress
Julie Lichty partners with clients to create more authentic lives—personally and professionally. She has extensive experience in business, personal development, and coaching. For many years she held leadership roles with a prominent media/consumer products firm but knew there was something “more” that was meant to be. It is Julie’s personal mission to use words—written and spoken—to inspire and support others in their quest to live more authentically. She enjoys connecting and invites you to do so, via her website, facebook, twitter, or blog.
Sponsorship and booth registration available now! Contact us today to reserve your space or for more information. BusinessWomanPA.com/powerlunch • 717.285.1350 • 717.770.0140
Workplace Supplies Go Sustainable We’re all trying to conserve resources and to recycle when and what we can. It’s good to know there are sustainable office products that help us to not only work efficiently, but to also provide a safer alternative for both you and the planet.
Clipfolio Offered in a variety of colors and patterns, the clipfolio is made from 100 percent recycled paperboard.
LIFESTYLE
Stapler The stapler is made from recycled plastic, ink, and toner cartridges, which is an innovative way to create new products and to reduce waste. Wirebound Notebooks In a variety of sizes, these wirebound notebooks are made from sugarcane byproducts, which means fewer trees are cut down and a rapidly renewable resource is maximized.
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All of the products shown are Sustainable Earth by Staples™ and are available at your local Staples store or online at www.staples.com/sustainableearth.
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Eco-Calculator This calculator is constructed from 100 percent recycled casing and buttons and is made from recycled ink and toner cartridges, which help reduce the amount of waste in landfills.
Our commitment to quality in sales, service, training and support result in a high level of customer satisfaction and a successful track record with some of the finest businesses in the area.
LIFESTYLE
Don’t miss another issue!
Since 1975 Conestoga Business Solutions has been delivering outstanding support to Central Pennsylvania organizations. As an award winning dealer, you can partner with the premier independent office systems dealer in the region.
What Makes Us Different? We Evaluate Your Needs We Guide You Through the Process We Bring You The Best Technologies We Protect Your Investment We Have Responsive Local Support Get BUSINESSWoman delivered right to your door. Subscribe online at BusinessWomanPA.com
3LWQH\ 5RDG ‡ /DQFDVWHU 3$ ‡ ID[ ZZZ &RQHVWRJD%XVLQHVV6ROXWLRQV FRP BusinessWomanPA.com
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Women – Protect Yourself Legally for Life
LIFESTYLE
By JANE SCHUSSLER, ESQUIRE, and JODY A. LEIGHTY, ESQUIRE
R
emember those days when you were young, and you lived a life full of fun and spontaneity? While you still may be young at heart, living a spontaneous life now, as an adult, can have dire consequences. To be successful, and stay successful, every woman must think smart and strategically. This article will give you a little guidance on what that means. Be Careful What You Post Social media plays a big part in nearly every facet of daily life. But think before you post because information that you share is accessible not just to your friends, but also to the world. Employers routinely check out social media on prospective and current employees. Attorneys have used postings in custody and criminal trials, much to the surprise of the “poster.” So, remember, an offhand comment that you view as harmless fun can be used against you. Use Your Head When Following Your Heart Love and marriage are wonderful things, and you never like to think of failure when entering
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into a marriage. In today’s society, however, divorce is common. When entering into marriage, every woman must consider whether she needs a prenuptial agreement. You may need a prenuptial agreement if you: • Plan to marry someone on their second or third marriage • Have children from a first or second marriage • Have major assets • Expect a major inheritance or gift
“ To be successful, and stay
successful, every woman must
think smart and strategically.
”
• Have a business, family business, or farm Without a prenuptial agreement, every asset and dollar acquired during marriage, other than by gift or inheritance, is considered a marital asset. This means that upon divorce, it will be divided between the husband and wife. Furthermore, if you receive a gift or inheritance, any appreciation in value of that gift or inheritance during marriage is a marital asset. A prenuptial can change this outcome. You and your fiancé can negotiate a different result that meets your needs and preserves your assets. Titling of Assets Be careful whose name goes onto bank accounts, deeds, and other assets. We have seen many women who owned their homes prior to marriage and were later told by a lender to put their husband’s name on the deed and mortgage during a refinance. If she does this, she has inadvertently gifted the entire asset to the marriage, and now the entire asset is subject to equitable distribution if there is a divorce. The same is true of the inheritance the woman receives from her parents when she deposits it into a joint bank account. That asset is no longer just hers. She has gifted it to the marriage, and it will be divided upon divorce.
Understand How Your Assets Will Pass at Death Most people think that everything
they own will pass according to their will when they die. That is not true. There are three ways that assets pass at death: joint ownership, contract beneficiaries, and last will and testament. Assets that are owned jointly with the right of survivorship will pass directly to the survivor named on the asset. Most couples own their house, bank accounts, and vehicles in this way. Some assets have a named beneficiary on a contract. For example, life insurance, pension plans, IRAs, and annuities all require you to name a beneficiary. When you die, that money is paid directly to your beneficiary. Any asset that is not jointly owned and that does not have a beneficiary on it will pass through your last will and testament. It is important to view these three methods of transfer as puzzle pieces. You must look at all three pieces and make sure that they are consistent and fit together to achieve your overall dispositive scheme upon your death.
Everyone Needs a POA, Not Just Your Aging Parents Everyone over the age of 18 needs a power of attorney. A power of attorney appoints someone to act on your behalf if you are unable to act on your own. It covers matters such as using your bank account, taking care of tax matters, making healthcare decisions, and just about any kind of decision that you would make to run your daily life. Most people do not get a power of attorney until they become older, but tragedy can happen at any age. Without a power of attorney, if you or a loved one is incapacitated because of illness or accident, there has to be a guardianship hearing in court to have a guardian appointed for the incapacitated person. A very simple document, the power of attorney can avoid an expensive guardianship hearing. In addition, guardianship hearings are emotional and heart wrenching, particularly when it is necessary because of an accident or tragedy.
Surround Yourself with Good Advisors Lastly, our world is incredibly complicated and difficult to navigate alone. It is important for every woman to surround herself with good advisors. We definitely recommend the team approach: a good accountant, a good attorney, and a good financial advisor. Living smart and strategically is not nearly as sexy and exciting as living spontaneously and carefree. But, doing so will save you a lot of headaches in the end. • Jody A. Leighty is an attorney and shareholder at Stock and Leader, a fullservice law firm in York, Pa. She practices in the areas of real estate, estate planning, and estate administration. When not practicing law, she is a chauffeur for her two children. Jane H. Schussler is an attorney and shareholder at Stock and Leader. She practices in the area of family law and is a collaborative family law attorney. When not practicing law, she practices golf with her husband and plays games with her grandchildren. www.stockandleader.com
BusinessWomanPA.com
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LIFESTYLE
Prenups Are Not Just for Divorce: Estate Planning Many women have children from a first marriage when they remarry. A proper prenuptial agreement can protect any inheritance that she wants to leave to her children, without the interference from husband No. 2. Without a prenuptial agreement, husband No. 2 is entitled to his spousal elective share when his wife dies. This means that regardless of what her last will and testament says, husband No. 2 gets a one-third share of her entire estate. So while she may have left everything to her kids, husband No. 2 still gets his one-third share. To alter that outcome, a prenuptial agreement will include a paragraph where each spouse waives his or her right to the elective share. The result is that each spouse will only get what is either jointly owned or what he or she is specifically given in the will.
Premier
E October 5, 2013 9 a.m. – 3 p.m. Lebanon Expo Center 80 Rocherty Road Lebanon
Second Annual
Please, Join Us! The premier Lebanon County women’s expo and the second annual Cumberland County women’s expo will be held this fall. Women of all ages have enjoyed these fun-filled events!
You are invited to be one of the sponsors or exhibitors that offers information about:
Cumberland County
omen’s Expo
Beauty • Home Health & Wellness
November 9, 2013 9 a.m. – 3 p.m. Carlisle Expo Center 100 K Street Carlisle
Fashion • Finance Nutrition • Technology and more! 717.285.1350
To reserve space or for more information, go to:
a G r e a t Wa yTo S p e n d M y D a y. c o m FREE advance guest registration online! ($5 at the door)
WELLNESS
sine limou rk City a n i o W New Y da trip to dinner an w! o h t h i w way s Broad
You bring the talent, we’ll provide the stage! Do you dance … sing … play an instrument … perform magic … do comedy? Do you think you’ve got what it takes to be called PA STATE SENIOR IDOL? Then we’re looking for you!
Pennsylvanians over 50 are invited to audition for the eighth annual PA STATE SENIOR IDOL competition at one of these locations: Dutch Apple Dinner Theatre Lancaster (717) 898-1900
Tuesday, August 27
Thursday, September 5
Holiday Inn Harrisburg East
Heritage Hotel – Lancaster
4751 Lindle Road, Harrisburg, PA 17111
500 Centerville Road, Lancaster, PA 17601
Emcee:
(Morning/Early Afternoon Auditions)
(Afternoon/Evening Auditions)
Diane Dayton
911 Photo Graphics
Finals to be held on October 14, 2013 at:
of Dayton Communications
For more information, updates, or an application: 717.285.1350 • www.SeniorIdolPA.com BusinessWomanPA.com
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WELLNESS
By STEPHANIE KALINA-METZGER
M
iddle age has its benefits—with age comes wisdom and increased confidence as you enter your peak earning years. You find yourself with more free time since your children are raised, and you may be enjoying spending those extra hours with your precious grandchildren. What possibly could rain on this parade? Enter “the Big M.” Menopause often occurs between the ages of 51 and 56, although every woman is different and some females experience it earlier, or even later. When “the Big M” comes knocking at the door, it can throw even the healthiest woman into a tailspin, ushering in hot flashes, otherwise known as “vasomotor symptoms,” as the ovaries cease egg production. As the body produces less estrogen and progesterone, these hot flashes can become more frequent. It’s
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estimated that two-thirds of American women have experienced the sensation of extreme heat, followed by perspiration and sometimes chills.
hot.” It’s not unusual for a woman’s temperature to rise 6 degrees during an episode, causing some beleaguered females to refer to this uncomfortable
“”
When ‘the Big M’ comes knocking at the door, it can throw even the healthiest woman into a tailspin, ushering in hot flashes.
The hypothalamus, otherwise known as the body’s thermostat, becomes confused and sends messages to the brain that it is “too
~ August 2013 | BUSINESSWoman
condition laughingly as their “own personal vacation.” They say laughter is the best medicine, but it’s no laughing matter
when you’re sitting in a meeting with all eyes on you and you are suddenly forced to cast off layers of clothing just to avoid feeling like you’re sitting on the ground in the middle of Death Valley. It’s also a disappointment when you awaken in the middle of a swimming pool of sweat around 3 a.m. The good news is that misery can be stopped dead in its tracks, according to Dr. Theresa Burick, of the Mechanicsburg-based Burick Center for Health and Wellness. “During menopause, women will often experience hot flashes, night sweats, weight gain, irritability, mental fogginess, and hair loss, which we can treat after the necessary testing,” she said. Her office staff begins by ordering a physical and gynecological exam, along with a mammogram. “Once these studies have been done, we meet with the patient to
determine how bothersome their symptoms are,” she said. After that determination is made, Burick will recommend treatment, such as hormone replacement. Not everyone is a candidate for prescription-strength hormone replacement therapy. Those who have a personal history of breast cancer, or a first-degree relative with the disease, will be treated by alternative methods, according to Burick. Sometimes Burick will recommend bioidentical hormones, which are custom made at a compounding pharmacy, but individual treatment is based on the needs of the patient and their hormone levels. “The best way to measure those levels is to use a saliva-test kit, which measures estrogen, progesterone, testosterone, DHEA, and cortisol,” she said. In the case of bioidenticals, the compounding pharmacy can create the treatment in an oral or a topical form. “The topical form is a cream you
can apply to your inner thigh, or your arm, to be used on a daily basis. It is absorbed through the skin and into the bloodstream,” said Burick. “Some people do not like to take pills; they prefer the topical. The topical is nice because it bypasses the liver.” It should be noted, though, that bioidentical hormones are not FDA tested and, therefore, are not approved by the FDA. Emily Burkholder, a women’s healthcare nurse practitioner at May Grant Associates in Lancaster, said that her practice begins by discussing different options for women who are having vasomotor symptoms that are interfering with their patient’s quality of life. Options include behavior modification, hormone replacement therapy, other medications that might be helpful in reducing symptoms, the herb black cohosh, and even acupuncture. “We advise our patients to begin eliminating hot flash triggers—stress, alcohol, caffeine, smoking, spicy
foods,” she said. “In addition, we advise them to maintain a healthy weight and exercise regularly.” If the patient is still suffering after behavior modification, then Burkholder will assess the patient and decide on the next step in treatment, which could be hormone replacement therapy (HRT). The FDA has approved hormone replacement therapy (HRT) drugs, which are sold by prescription only. A controversial hormone replacement therapy study was released in 2002, which had many patients steering clear of the treatment, but Burkholder advises women to not be overly alarmed. “That study was very helpful and because of the information gathered from the study, the way we prescribe hormones was changed … We prescribe the lowest dose for the shortest amount of time. The recommendation for being on HRT is no longer than three to five years,” she said. “For those who aren’t good
• Hormone-free A more natural birth control method • No slowing down to recover Most women return to normal activities in less than a day
• Proven Over 600,000 women and their doctors trust Essure as the most effective permanent birth control method • Worry-free You don’t have to worry about unplanned pregnancy and the hassles of temporary birth control
Call today for more information. maygrant.com 393-8177
MAIN OFFICE: Women & Babies Hospital OTHER LOCATIONS: Brownstown • Columbia • Elizabethtown • Willow Street • Intercourse BusinessWomanPA.com
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WELLNESS
• Surgery-free A quick In-Office procedure
candidates for hormonal treatments, antidepressants like Paxil and Effexor often help as well as the anti-seizure medicine Neurontin. For some, blood pressure medicine has helped as well,” she said. For those who want to try an herbal method to reduce menopausal symptoms, Burkholder suggests black cohosh, which can be found at any health-food store. Some patients choose acupuncture as another alternative method in their quest for relief, an option Burkholder says aids many. Because there are many ways to go about winning your fight against “the Big M,” you may want to discuss your choices with your doctor. Whether you choose behavior modification, hormone replacement therapy, bioidenticals, alternative measures, or a combination, the best tool in your arsenal is knowledge. “You don’t have to suffer through the symptoms of hormonal loss; you can treat symptoms and be comfortable,” said Burick.
Watch
WOMEN TO
Cindy Davidson has been named director of sales and marketing for Corexcel, an online learning company. Davidson comes to Corexcel with more than 30 years of sales and marketing experience in senior-level sales and marketing positions.
Erin Hammons has been hired as account director for Gavin™ Advertising, a full-service advertising, marketing, and public-relations agency. Hammons has more than a decade of sales and marketing experience within the domestic and international markets.
Kathy Geller Myers, a 22-year PR veteran, recently joined
Kelly K. Neiderer has joined Mid Penn
Rebecca Prehoda been named as
Rachel Vandernick has joined FP+A as
Bank as senior vice president and senior banking officer. Neiderer has more than 24 years of financial-services experience. Her community service includes being the board president of The Arc of Cumberland & Perry Counties.
branch manager for Members 1st Federal Credit Union’s Hanover branch. Previously, Prehoda was a branch manager at Regal Bank & Trust in Maryland.
the marketing coordinator.
White Good, a marketing communications company in Lancaster. Her background includes a breadth of issue-based PR, including early education, postsecondary education access, and health and wellness, as well as consumer PR.
Applause
ACHIEVEMENTS & Robin Dobson, chief compliance and
Susan J. Heinle, president and CEO of
strategic officer of Masonic Villages, recently passed the exam to become Certified in Healthcare Compliance (CHC)®. This certifies her expertise in compliance processes and regulations, which allows her, through organizational integrity, to address legal obligations.
Visiting Angels of York and Hanover, was recently appointed to the Pennsylvania Alzheimer’s Disease State Planning Committee by Governor Tom Corbett. The committee will work to create a state plan to address the growing Alzheimer’s disease crisis in Pennsylvania.
Debra K. Simon, CPA, the COO of SF&Company, CPAs and Business Advisors, has been appointed to the board of directors of the York County Society for the Prevention of Cruelty to Animals and will serve on its human resource and finance committees.
Do you have an announcement? Please email your announcements of career advancements and professional new hires to crupp@onlinepub.com. Electronic photos should be saved as a tiff, jpeg, pdf or eps at 300 dpi. Or mail to: BUSINESSWOMAN, 3912 Abel Drive, Columbia, PA 17512. Photos sent through mail will not be returned. Please – no duplicate releases.
While We Were Out ... Church Events • Concerts • Sale Days • Car Shows • Grand Openings
Carlisle Area Family Life Center
CONNECTIONS
SEND US YOUR PICTURES!
Carlisle Area Family Life Center’s Lori Peters, center, receives a donation from F&M Trust’s Dave Winters, left, community office manager, and Kevin Stoner, right, community office manager.
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BusinessWoman would love to share what’s happening while you're out and about. Send your picture(s) and descriptions to: editor@ businesswomanpa.com
w w w. s p o t - l i g h t m e d i a . c o m
Greet
MEET AND
WOMEN’S NETWORKING GROUPS American Business Women’s Association (ABWA) Camelot Chapter 6 p.m. 3rd Monday of the month The Radisson Penn Harris Hotel & Convention Center, Camp Hill Tania Srouji, President www.abwacamelot.com Continental Yorktowne Chapter 6 p.m. 4th Tuesday of the month The Roosevelt Tavern 400 W. Philadelphia St., York Jeanne Weicht jweicht1@verizon.net Ephrata Charter Chapter 6 p.m. 1st Monday of the month Olde Lincoln House 1398 W. Main St., Ephrata Carol Gilbert, President carol@chgilbert.com Lancaster Area Express Network 7:15 – 9 a.m. 3rd Wednesday of the month Lancaster Country Club 1466 New Holland Pike, Lancaster Kathleen King 717.305.0206 kmking@ptd.net www.LAEN-ABWA.com Lebanon Valley Chapter 6:30 p.m. 4th Wednesday of the month Hebron Hose Fire Company 701 E. Walnut St., Lebanon Penny Donmoyer 717.383.6969 www.abwalebanonpa.com Penn Square Chapter 11:45 a.m. – 1 p.m. 2nd Thursday of the month Hamilton Club 106 E. Orange St., Lancaster Dottie Horst 717.295.5400 dhorst@realtysettlement.com
Central PA Association for Female Executives (CPAFE) Aug. 7 7:30 – 9 a.m. (Registration Required) Giant Super Foods, Community Room 2300 Linglestown Road, Harrisburg Carol Fastrich 717.591.1268 info@cpafe.org www.cpafe.org Executive Women International Harrisburg Chapter 5:30 p.m. 3rd Thursday of the month Rotating location Cynthia A. Sudor 717.469.7329 cynthia@cynthiasudorenterprises.com www.ewiharrisburg.org Harrisburg Business Women 11:30 a.m. – 1:30 p.m. 2nd Tuesday of the month Best Western Premier Central Hotel & Conference Center 800 E. Park Drive, Harrisburg Lynne Baker 717.975.1996 lynne.baker@proforma.com info@harrisburgbusinesswoman.org www.harrisburgbusinesswoman.org Insurance Professionals of Lancaster County (IPLC) 5:45 p.m. 3rd Tuesday of the month Heritage Hotel 500 Centerville Road, Lancaster Krista Reed 717.945.4381 Kristathompson101@comcast.net www.naiw-pa.com/lancaster.htm International Association of Administrative Professionals Conestoga Chapter 5:30 p.m. 4th Tuesday of the month Woodcrest Villa 2001 Harrisburg Pike, Lancaster Barbara Tollinger btollinger@normandeau.com www.iaaplancaster.com
Do you have an event you would like to post on our online events calendar? It’s easy to do … and it’s free! Just go to BusinessWomanPA.com and click on the “events” link, or email your info to calendar@businesswomanpa.com.
Harrisburg Chapter 5:30 p.m. 3rd Monday of the month Holiday Inn Harrisburg East Lindle Road, Harrisburg Karen Folk, CAP-OM, President Jodi Mattern, CAP, Webmaster jodi4psu@gmail.com www.iaap-harrisburg-pa.org White Rose Chapter of York 6 p.m. 3rd Wednesday of the month Normandie Ridge 1700 Normandie Ridge Drive, York Dorothy Keasey 717.792.1410 djkeasey@comcast.net Mechanicsburg Business Women 11:30 a.m. – 1:30 p.m. 3rd Wednesday of the month Flavours ETC Catering 5222 E. Trindle Road, Apt. D, Mechanicsburg Abeer Srouji info@mechanicsburgbusinesswomen.org www.mechanicsburgbusinesswomen.org Pennsylvania Public Relations Society 5:30 p.m. Last Thursday of the month Kim Barger, President 717.979.8792 kbargerdesign@gmail.com www.pprs-hbg.org Shippensburg Women’s Area Networking (SWAN) Noon 1st Wednesday of the month Rotating location Lisa Mack 717.609.3781 lisamack.re@gmail.com Women’s Business Center Organization (WBCO) 11:30 a.m. 2nd Tuesday of the month Alumni Hall, York College of PA Mimi Wasti mwasti@ycp.edu Women’s Network of York 11:30 a.m. 3rd Tuesday of the month Outdoor Country Club 1157 Detwiler Drive, York Therisa La Cesa 717.495.7527 tlacesa@aol.com www.wnyork.com
BusinessWomanPA.com
CONNECTIONS
Women at Work Express Network 11:30 a.m. – 1:15 p.m. 2nd Thursday of the month Heritage Hotel 500 Centerville Road, Lancaster Virginia Klingensmith vklingensmith@unioncommunitybank.com
Yellow Breeches Chapter 6 p.m. 4th Wednesday of the month Bob Evans 1400 Harrisburg Pike, Carlisle Leslie Shatto leslie.shatto@hma.com
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Heart. Mind. It started as a decision of the heart. To do more for my neighborhood … dedicating myself to something I believe in. By helping others, I’m building a business that will last. Imagine what you can build if you put your mind to it.
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PRSRT STANDARD U.S. POSTAGE
PERMIT 280
LANC., PA 17604
Linda Gomez Dyster Agent – Gilbert, Arizona
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