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THOMAS J. MANGAN, III
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-793
v.
KRIEMHILDE C. MANGAN,
Defendant
IN DIVORCE
ERAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the reeord, together with the following information, to the eourt for entry of a
divorce deeree:
I. Ground for divorce: irretrievable breakdown under Section 3301 (e) or 3301 (d)(I)
of the Divorce Code.
2. Date and manner of service of the eomplaint: via certified mail, restricted delivery,
signed on February 13,1999.
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the Plaintiffs affidavit of consent required by Section
3301 (e) of the Divorce Code; August 23, 1999; by the Defendant; August 13, 1999.
4. Related claims pending: None.
5. Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the
Prothonotary: August 23, 1999.
Date Defendant's Waiver of Notice in ~3301(c) Divoree was filed with the
Prothonotary: August 13, 1999.
MARTS ON DEARDORFF WILLIAMS & OTTO
By IL~N~~
Thomas J. .. ms, EsqUire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: August 27, 1999
Attorneys for Plaintiff
CF.RTIFICATF. OF SI.:RVICF.
I, Trieia D. Eckenroad, anuuthorized ugent for Martson Deardorff Williums & Otto, hereby
eertify thut u eopy of the foregoing Praceipe was served this date by depositing same inlhe Post
Offiee at Carlisle, P A, first elass mail, postage prepaid, addressed as follows:
James J. Kayer, Esquire
KA YER AND BROWN
4 East Liberty A venue
Carlisle, PA 17013
MARTS ON DEARDORFF WILLIAMS & OTTO
~A' f0.~
Triela D. Eckenroad -..
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: August 27, 1999
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THOMAS J. MANGAN, III
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 9R- 1'13 C<.ixJ Te,,,,,,,,
KRIEMHILDE C. MANGAN,
Defendant
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in eourt. If you wish 10 defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do sO,the case may
proceed without you and a deeree of divoree or annulment may be entered against you by the Court.
Ajudgment may also be cntered against you for any othcr elaim or rcliefrequcsted in these papers
by the Plaintiff. You may lose moncy or propcrty or othcr rights important to you, including eustody
or visitation of your children.
When the ground for the divoree is indignities or irretrievable brcakdown of the marriage,
you may request marriage counscling. A list of marriage counselors is available at the Domestie
Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a
eonvenienee to you and you are not bound to ehoose a counselor from the list. All neeessary
arrangements and the cost of eounseling sessions 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.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM,
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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,
Cumberland County Bar Association
2 Liberty A venue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
SENT BY:ARMY WAR COLLEGE IDCSI: 2- 9-96 6:10AM
OIIO~/O' 18:07 FAX 717-2~3-1ISD ~WO
717245L570"
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VEItIFTCA. nON
The foregoiDa Divorce complalnt iI bued upOl1lnf'ormatioD which baa blll1plhared by my
COUDHl in tha preparation of the IawNit. The II.IIJII&IC of the dowment il thlt of CO\JIlRlnnd not
my own. I baVI read the Divorce Complaillt aDd to the extent that the do~ument i. based upon
inrormatlOl1 which 1 hAve given to my COUD3l:l, it i:s true w.d eorrect to the beat of my 1aI0wledJe.
information and belief. To the extent that 1he COIltellt of the document is that of co\lll.,el, I haVIl
mild upon COIltlIIIIn maJdnB this verificatlon.
Thilltatcment IIlI1 vcri1icadon a:e IDlduubject to \he pena1tie1 af1B PI. C.S. Section 4004
Tclat1ni to \IJlIIWQm falsification to authorities, which provldM that if I makt knowingly flllae
Ivennents, I may be IUbject to crimil1al penalties.
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THOMAS J. MANGAN, III
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 98-793
KRIEMHILDE C. MANGAN,
Defendant
IN DIVORCE
AFFIDAVIT OF MAILING
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
I hereby eertify that a eopy of the Complaint in Divorce was mailed to Defendant Kriemhilde
C. Mangan at 11 Sheraton Drive, Carlisle, PA 17013 on February I 1,1998, via eertified mail,
restrieted delivery, return receipt requested.
Attaehed is the Post Offiee return receipt signed UK. C. Mangan" and dated February 13,
1998.
'T~~ }W~~
Thomas J. Wirliams, Esquire
Sworn to and subseribed
before me this 18th day of
February, 1998.
Nota~al Sea'
Trieia D. EcI<en'oad. Notary Public
Carlisle Bora. Cumbe,land County
My Commission E,pires Oct. 23. 2000
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THOMAS J. MANGAN, (((
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 98-793
KRIEMHILDE C. MANGAN,
Defendant
IN DIVORCE
AFFIDA VIT OF CONSENT
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on
February 10, 1998 .
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing and service of the Complaint.
3. I eonsent to the entry of a final decree of divorce after serviee ofnotiee ofintention
to request entry of the deeree.
I vilrifY that the statements made in this affidavit are true and eorrect. I understand that false
statements herein are made subject to the penalties of 18 Pa. C. S., Seetion 4904 relating to unsworn
falsification to authorities.
Date: B} fa 1-5 ~
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Kriemhilde C. Mangan, Defendant I
NOTARIAL SEAL
DENISE PINAMDNTI. Notary Public
Carlislo Borough, Cumberland County
M Commission Expiros Nov. 20, 2000
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THOMAS J. MANGAN, III
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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NO. 98-793
KRIEMHILDE C. MANGAN,
Dcfendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE I JNDER *3301 (C) OF THE DIVORCE CODE
I. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses ifI do not claim them before a divorce is granted.
3. I understand that I will not be divoreed until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately afier it is filed with the Prothonotary.
I verifY that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn
falsification to authorities.
Date: g I (,/1 q
, ~ ';1
Ii J
\"\J- n I~{/\ ,
Kriemhilde C. Mangan, Defen
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THOMAS J. MANGAN, Ill,
Plninliff
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LA W
: NO. 9R-793 CIVIL TERM
KRIEMHILDE C. MANGAN,
Dcfcndant
: IN DIVORCE
PRAECIPE
Dated: Fcbruary 13, 1998
Respcctfnlly snbmittcd,
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Jamcs J -Kily~r( EsCihirc
Liberty Loft I I"
4 E. L' erty I~ cllnc
CarIiS}t PA +7013
(717)' 243-7922
TO THE PROTHONOTARY:
Plensc entcr my appeUnlllce as counscl of rccord for the ahovc-captioned Dcfclldullt.
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cc: Thomas Williams, Esquire
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-793
THOMAS J. MANGAN, III
Plaintiff
KRIEMHILDE C. MANGAN,
Defendant
IN DIVORCE
AFFIDA VIT OF CONSENT
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
1. A Complaint in divorce under Section 3301(c) of the Divoree Code was filed on
February 10,1998.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing and service of the Complaint.
3. I eonsent to the entry ofa final decree of divoree after serviee of notice of intention
to request entry of the decree,
I verify that the statements made in this affidavit are true and correet. I understand that false
statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unsworn
fa1sifieation to authorities.
Date: J~/7 J S:- I 'J ') cY
Sworn to and subscribed before me this
~~+l- day of ~ ' 1998.
{J1i-eM 0 ~~
Notary Publie
Notarial Seal
Tricla D. Eckenroad. Notary Public
Carlisle Bora, Cumberland County
My Commission Expires Oct. 23, 2000
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THOMAS J. MANGAN. III
Plaintin'
v.
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO,9R-793
KRIEMHILDE C. MANGAN,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF A DIVORCE DECREE UNDER 6330 I (C) OF THE DIVORCE CODE
1. I consent to the entry of a final deeree of divorce without notiee.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not elaim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce deeree is entered by the Court
and that a copy of the deeree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subjeet to the penalties of 18 Pa. C.S. *4904 relating to unsworn
falsifieation to authorities.
Date:
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THOMAS J. MANGAN, III
Plllintirr
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-793
KRIEMH1LDE C. MANGAN,
Defendant
IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please file with the record in this matter the lIttached Marital Settlement Agreement dated
July 23, 1998 whieh was incorporated into a Decree in Divorce dated September 7, 1999.
MARTSON DEARDORFF WILLIAMS & OTTO
/ t IA~"A' ,
By -,-~ Vv~
Thomas J. r ms, Esquire
Ten East Hig Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Date: July 12,2000
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MARITAL SETTLEMENT AGREEMENT
This Agreement, made this ,;{3 day of ~J\..d~\ ,1998, by and between THOMAS
J, MANGAN, III, I I Sheraton Drive, Carlisle, Cumberland County, Pennsylvania (hereinafter
referred to as "Husband") and KRIEMHILDE C. MANGAN, I I Sheraton Drive, Carlisle,
Cumberland County, Pennsylvania (hereinafter referred to as "Wife").
WHEREAS, the parties hereto are Husband and Wife, having been married on August 29,
1984, and are the parents of Thomas J. Mangim, IV, born December 7, 1986; Katharina C,
Mangan June 8, 1990; and Timothy C. Mangan, born September 13, 1993 and are presently living
with Husband and Wife.
WHEREAS, difficulties have arisen between the parties as a result of whieh ~ey have
separated and now desire to divorce and, by this Agreement, to settle all fmaneial and property
rights between them; and
WHEREAS, this Agreement is made in settlernent of a divorce aetion presently pending
in the Court of the Court of Common Pleas, Cumberland County, Pennsylvania, No.98-793 and
WHEREAS, Husband and Wife respectively aelcnowledge that before signing this
Agreement they have been fully advised by their respective counsel of their rights and obligations,
have read carefully and understand the terms of this Agreement, and have freely consented to this
Agreement, believing it to be fair, just and equitable; and
WHEREAS, Husband and Wife are satisfied that they understand the value and extent of
all property which would be considered "marital property" under the Pennsylvania Divorce
Reform Act, whether titled or owned separately or jointly as well as the value and extent of
nonmaritaI property held or expected to be held by eaeh other.
NOW, THEREFORE, in consideration of the mutual promises and underta1cings set forth
herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows:
1. SEP AKA TIOlS: Husband and Wife shall be free from eonstraint or eontroI by
the other as fully as if he or she were unmarried. Neither shall disturb, trouble and interfere in
any way with the other or with any person for associating with the other.
2. RELEASE: Husband relinquishes his inchoate intestate right in the estate of
Wife, and Wife relinquishes her inehoate intestate right in the estate of Husband, and eaeh of the
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parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators
or assigns, does remise, release, quit elaim and forever diseharge the other party hereto, his or
her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands,
damages, aetions, causes of action or suits at law or in equity, of whatsoever kind or nature, for
or because of any matter or thing done, admitted or suffered to be done by said other party prior
to and including the date hereof; further, the parties aeknowledge that all rights under the
Pennsylvania Divorce Code that are not speeifically incorporated herein are hereby expressly
waived, Notwithstanding the foregoing language of this paragraph, this release shall in no way
exonerate or diseharge either party hereto from the obligations and promises made and imposed
by reason of this Agreernent and shall in no way affect any eauses. of action in absolute divorce
which either party may have against the other.
3.
3301(e) of the
Both parties agree to pursue no-fault divorce under Section
)
Divoree Code and, in connectio therewith, to execute and
ac wledge whatever eonsents other documents that are necessary
ereafter as permitted by plicable law. At the request of el er party, the terms of
this Agreemen hall be incorporated b not merged into any Divorce D ree whieh may be
entered with respec 0 the parties, and the ourt shall retain continuing juri iction over the
parties and the subject tter of this Agreemen or the purpose of enforcement f ~ ~f the
provisions hereof. ~ \J..<. (M.
4. MARITAL RESIDENCE: Husband and Wife are renting the marital
residence located at 11 Sheraton Drive, Carlisle, Cumberland County, Pennsylvania (the
"Property"). The rental of the Property expires in June 1998, and so the parties will separate at
or before that time.
5. ~: The parties are joint owners of a four aere lot in Maryland.
Wife shall sign a deed transferring sole title of the lot to Husband. Within thirty (30) months of
said transfer, Husband shall pay to Wife the sum of Nine Thousand ($9,000.00) dollars, or, if the
lot is sold within said thirty months, one-half of the net proceeds. Husband shall have the right
at any time to pay the lump sum to buy Wife out over the course of the thirty month period.
Effective as of the date of transfer, Husband shall be solely responsible for all debts related to the
..
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lot, ineluding without limitation mortgage, taxes and insurance and shall indemnify. defend and
hold Wife hannless with respect thereto,
6.
.
.
AUTOMOBILES: Husband shall receive sole title of the 1994 Mazda
B3000 P/U, and shall be solely responsible for any debts pertaining to said
vehiele and shall indemnitY, defend and hold Wife hannIess from any claim
with respeet thereto.
Wife shall receive sole title to the 1993 Dodge Caravan whieh is free of
encumbrances and is titled solely to Husband. Husband shalllransfer the
title to Wife and Wife will indemnify, defend and hold Husband hannIess .
from any claim with respect thereto.
OTHER PERSONAL PROPERTY:
The parties have heretofore divided all other personal property, which they
owned either together or separately and sueh division and apportionment
is hereby eonflnned.
7, t\LIMONY AND CIDLD SUPPORT: Husband shall pay to Wife an
unaIlocated monthly sum of $1,700.00 for alimony and child support, effective as of the date of
actual separation, whieh is antieipated to be June 1, 1998, and for a period of two years or at such
time until the parties begin receiving their requisite shares of the military retirement, at that time
the alimony will end and child support will be determined by agreement of the parties or Order
of Court. Father shall be responsible for the children's private sehool tuition through high school,
Wife shall be responsible for after sehooI care that may be required during the school year. The
parties have agreed to divide the cost of any activities that the children participate in during the
school year and during the summer. The parties shall divide the costs incurred in providing day care
during the summer rnonths.
A,
B.
8. DEPENDENCY EXEMPTION: Husband shall be entitled to elaim the
ehildren on his tax returns for purposes of the dependency exemption.
9. CHILD CARE CREIDTS: ',.;life shall be entitled to claim child care credits of
her tax returns as she shall be responsible for all ehild eare expenses
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10.
: Wife shall receive one half
of the marital portion of Husband's disposable military retired pay, calculated from August 29,
1984 (the date of marriage) until July I, 1997 (the date of separation), a total of IS4 months, To
carry out this agreement, the parties shall request the Court to enter a Qualified Domestie
Relations Order in the form attached as Exhibit M A."
Wife waives her right to elect survivor benefits under Husband's retirement plan; however,
Wife reserves the right to purchase life insurance on Husband's life, either now or in the future, at
her sole eost and expense, and Husband shall fully cooperate with any reasonable requirement with
regard thereto. Any requirement of the life insurance company shall be deemed prima facie
reasonable.
11. ,4.FrER-ACQlJJRED PROPERTY: Eaeh of the parties shall hereafter own
and enjoy, independently ofany elaim or right of the other, all items of property, be they real,
personal or mixed, tangible or intangible, which is or has been acquired by him or her after the
date of separation, with full power in him or her to dispose of the same as fully and effectively,
in all respects and for all purposes, as though he or she were unmarried,
12. MARITAL DEBTS: During the course of the marriage, Husband and Wife
have incurred certain bills and obligations and have amassed a variety of debts. It is hereby
agreed, without the necessity of ascertaining for what purpose and to whose use eaeh of the bills
was incurred, that Husband shall be solely responsible for the following bills, obligations and
debts: Husband will be solely responsible for the mortgage on the real estate located in Maryland.
Wife shall be solely responsible for any and all bills, obligations or debts not listed above as a
marital debt assumed by Husband. Each party agrees to hold the other free and harmless from
any and ail liability which may arise from the bills, obligations, and debts whieh are the
responsibility of that party and agrees to indemnify and defend the other party from any claim
regarding same.
13. : Both parties agree that, in the future,
neither shall cause or permit to be charged to or against the other any purchase or purchases which
either of them may hereafter make and shall not hereafter create any engagements, debts or
obligations in the name of or against eaeh other. Except as specifically provided herein, each
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agrees to hold the other free and hannIess from any and all debts and other obligations which he
or she may have incurred since the date of the separation and agrees to indemnify and defend the
other party from any claim regarding same.
14. The parties agree to execute all
documents that are reasonably necessary to effectuate the purpose of this Agreement. In the event
that either party shall refuse or fail to execute and/or aeknowledge any such document, then the
other party shall have, and is hereby granted, the right and power to appoint one or more times
any person or persons of his or her choosing as attorney-in-faet for the other party to so execute
and aeknowledge such documents.
IS. CONTRACT INTERPRETATIOl'\l: For purposes of contract interpretation
and for the purpose of resolving any ambiguity herein,. Husband and Wife agree that this
Agreement was prepared jointly by their respective attorneys.
16. ENFORCEMENT: If either party defaults in the due performance of any of
the tenns, conditions and covenants of this Agreement on his or her part to be perfonned, the non-
defaulting party shall have the right to sue for specific performance or damages for the breach of
this Agreernent, and the defaulting party shall pay the reasonable legal fees for any services
rendered by pension the non-defaulting party's attorney in any action or proceeding to compel
the defaulting party's due performance hereunder as well as costs for bringing the action or
proceeding.
17. MISCELLANEOUS:
A, This Agreement constitu~ the entire agreement between the parties, being the final
and complete settlement of all matters between them and supersedes any prior written or oral
agreements between them respecting the within subjeet matter. There are no representations,
agreements, arrangements or understandings, oral or written, between and among the parties
hereto relating to the subject matter of this Agreement which are not fully expressed herein,
B. This Agreement may not be amended, modified, altered or revoked except in
writing executed by both the parties hereto.
C. This Agreernent may not be assigned by either party without the prior written
consent of the other party,
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D. This Agreement may be executed in multiple eounterparts, eaeh of which shall be
deemed an original for all purposes, and all of whieh together shall constitute one and the same
instrument.
E. This Agreement shall be binding upon the parties hereto, their heirs, executors,
administrators and assigns,
F. This Agreement shall be interpreted under the laws of the Commonwealth of
Pennsylvania in effect as of the execution date of this Agreement.
G. The failure to strietly enforce any part of this Agreement shall not be deemed a
waiver thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any
other part of this Agreement.
H, All payments or eommunications pertaining to matters provided for in this
Agreement may be made or given if delivered or mailed to a party, at sueh address as either party
shall designate to the other in writing from time to time, or, if no sueh designation is made, then
to the address as set forth above,
1. Titles are for eonvenience and ease of reference only and are not to be considered
part of the Agreement for purposes of interpretation.
IN WITNESs WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
Witness:
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Kriemhilde C. Mangan
ut~
COMMONWEALTH OF PENNSYLVANIA )
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COUNTY OF ~ )
On this, the eflf'#> day of ~~ , 1998, before me, the undersigned officer,
personally appeared Thomas J. Mangan, III, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknowledged that he executed the
same for the purposes therein contained.
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IN WITNESS WHEREOF, I hereunto set my hand and official seal,
. (J,
(SEAL)
COMMONWEALTH OF PENNS
Nolarlal Seal
Trlcla D. Ecl<anroad. NIO~ry= .
Ce,lIal. Bora. Cum1bel aOc1 23 2000
mlaalon E.p ,aa . .
COUNTY OF C\f..ryJQevlanJ )
On this, the ';>.3 day of ,J llo. \. \ , 1998, before me, the undersigned officer,
personally appeared Kriemhilde C. Mangan known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrurnent, and acknowledged that she executed the same
for the purposes therein contained.
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IN WITNESS WHEREOF, I hereunto ~et my hand a~fieiaI seal.,
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NOTARIAL SEAL
DENISE PINAMONTI. Notary Public
Cllillla Borough. Cumberland CounlY
Oommllllon Ex res NaY, 20. 2000
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THOMAS J. MANGAN, III
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-793
v.
KRlEMHILDE C. MANGAN,
Defendant
IN DIVORCE
OUALlFIED DOMESTIC RELATIONS ORDER
AND NOW, this dayof ,2000, upon the request ofboth parties
and pursuant to their Marital Seperation Agreement dated July 23, 1998, the following Order is
entered:
1. Husband's full name, address and social security number are: ThomasJ. Mangan,lII;
11 Sheraton Drive, Carlisle, PA 17013; Social Seeurity No. 217-70-6653.
2. Wife's full name, address and soeia1 security number are: KriemhiIde C. Mangan; 11
Sheraton Drive, Carlisle; Soeia1 Security No. 252-49-6296.
3. Husband's rnilitary pension is subject to equitable distribution by the Court of
Common Pleas of Cumberland County, Pennsylvania pursuant to The Uniformed Services Former
Spouses Protection Act (USFSPA), Section 1408 of Title 10, U.S. Code. The Court of Common
Pleas of Cumberland County, Pennsylvania has jurisdiction over this action pursuant to 23 P.S.
~401(d) and with the consent of both parties.
4. Thomas J. Mangan, III (hereinafter referred to as "Husband"), is an ernployee of the
United States Government and the United States Army, and he will be eligible for rnilitary retired
pay after completion of at least 20 years of military service on or about May 28,2008.
5. Kriemhilde C. Mangan (hereinafter referred to as "Wife"), was married to Husband
prior to separation for a period of 154 months (August 29,1984 through July I, 1997) during which
time Husband served ten or more years of creditable service toward retirement.
6. Wife is awarded fifty pereent (50%) ofthe marital property component of Husband's
disposable retired pay under the USFSP A and the Pennsylvania Divorce Code (hereinafter referred
to as "benefit").
The marital property eomponent of the benefit is a fraction (defined below) of Husband's
monthly retired pay ealeu1ated as ofthe Benefit Determination Date.
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EXHIBIT
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The Benefit Determination Date shall be the earliest to occur of:
(a) Husband's separation from serviee;
(b) Husband's death; or
(c) The date Wifc begins reeeiving her portion of the benefit awarded to her
hereunder.
The fraction to be applied to thc bencfit as of the Benefit Determination Date and used to
determine thc marital property component of the benefit is to be determined as follows: the
numerator is 1 S4 rnonths and thc denorninator is the total number of full months of eredible serviee
used to computc the bencfit.
7. Neither party shall encumber, transfer, pledge or in any other way dispose of any
portion ofthis pension plan until sueh time as the Plan Administrator has qualificd this order after .
which each party shall be entitled to take such actions as he or she deerns appropriate with regard
to his or her share, free of any elaim by the other.
8. The Court shall retainjurisdietion over Husband's pension for as long as either party
shall live. The Court shall also have the authority to enter every just and equitable Order not
inconsistent with the above, and not inconsistent with the provisions ofUSFSPA or any other
applieab1e law. and, specifically, the Court shall have authority to make any Orders it decms just and
equitable as a result of the income tax consequences which flow from the division and distribution
of the pension.
This is a final Court Order under the provisions of the Pennsylvania Divorce Code and
USFSPA.
BY THE COURT
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RnUe4 07/IZJllO 1142:11 PM
THOMAS J. MANGAN, III
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-793
v.
KRIEMHlLDE C. MANGAN,
Defendant
IN DNORCE
,2000, upon the request ofboth parties
ed July 23, 1998, the following Order is
I. Husband's full name, address and social securitynumberare: ThomasJ. Manga"l, m;
I I Sheraton Drive, Carlisle, PA 17013; SoeiaI Security No. 217-70-6653.
2. Wife's full name, address and social security number are: Kriernhilde C. Mangan; 11 .
Sheraton Drive, Carlisle; Social Security No. 252-49-6296.
3. Husband's military pension is subject to equitable distribution by the Court of
Common Pleas of Cumberland County, Pennsylvania pursuant to The Uniformed Serviees Former
Spouses Protection Act (USFSP A), Section 1408 of Title 10, U.S. Code. The Court of Common , .
Pleas of Cumberland County, Pennsylvania has jurisdietion over this action pursuant to 23 P.S.
~401(d) and with the consent of both parties.
4. Thomas J. Mangan, m (hereinafter referred to as "Husband''), is an employee of the
United States Government and the United States Army, and he will be eligible for military retired
pay after eompletion of at least 20 years of rnilitary serviee on or about May 28, 2008.
5. Kriemhilde C. Mangan (hereinafter referred to as "Wife"), was rnarried to Husband
prior to separation for a period ofl 54 rnonths (August 29, 1984 through July I, 1997) during whieh
time Husband served ten or more years of ereditable serviee toward retirement.
6. Wife is awarded fifty percent (50%) of the rnarital property component of Husband's
disposable retired pay under the USFSPA and the Pennsylvania Divorce Code (hereinafter referred
to as "benefit'').
The marital property component of the benefit is a fraction (defined below) of Husband's
monthly retired pay ealculated as ofthe Benefit Determination Date.
".
The Benefit Determination Date shan be the earliest to occur of:
(a) Husband's separation from servicej
(b) Husband's deathj or
(c) The date Wife begins receiving her portion of the benefit awarded to her
hereunder.
The fraction to be applied to the benefit as of the Benefit Determination Date and used to
determine the marital property cornponent of the benefit is to be determined as follows: the
numerator is I S4 months and the denorninator is the total number of fun months of eredibIe service
used to eompute the benefit.
7. Neither party shall encumber, transfer, pledge or in any other way dispose of any
portion of this pension plan until such time as the Plan Administrator has qualified this order after
which each party shall be entitled to take sueh actions as he or she deems appropriate with regard
to his o~ her share, free of any clairn by the other.
8. The Court shall retainjurisdietion over Husband's pension for as long as either party
shall live. The Court shall also have the authority to enter every just and equitable Order not
ineonsistent with the above, and not inconsistent with the provisions of USFSPA or any other
applieable law, and, specifieal1y, the Court shall have authority to make any Orders it deems just and
equitable as a result of the incorne tax consequences which flow from the division and distribution
of the pension.
This is a final Court Order under the provisions of the Pennsylvania Divorce Code and
USFSPA.
.
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; IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
STATE OF '* PENNA.
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Plaintiff
.....................................................................................
Versus
lQUEMHILDE C. MANGAN
.....................................................................................
..........".....,.....,.........,..,........,.,...P.I\t~~t.............,..
DECREE IN
DIVORCE
at 11:12 A.H,
AND NOW, ...... .SeptE!lltler. 7. .. .. .. .. .. 1 m: .. .. It Is oraered and
.
decreed that ..,.......,.. . TtICI!IAS. J. ,f:\ANGAN,. III.".:,..,."... plaIntiff.
and. ...... ..,... .,.. ....,~.Ei .C... ~....., .",..... defendant.
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
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Prothonotary ·
\~~tr' CER1'IFIED CDPl{ ISSUED SEP1'EJoIBER 8. 1999 ~
._.________._._..... .. ... .. .... >>>:lGICo::...:..::>oII):;c.'....:..ce:)4IOr
A Marital Settlement IIgreement dated July 23, 1998 is illCXlrporated into
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MARITAL SETTLEMENT AGREEMENT
This Agreement, made this 0?3 day of <.J\.\..h.\ ,1998, by and between THOMAS
1. MANGAN, III, I I Sheraton Drive. Carlisle, Cumberland County, Pennsylvania (hereinafter
referred to as "Husband") and KRIEMHILDE C. MANGAN, I I Sheraton Drive, Carlisle,
Cumberland County, Pennsylvania (hereinafter referred to as "Wife").
WHEREAS, the parties hereto are Husband and Wife, having been married on August 29,
1984, and are the parents of Thomas 1. Mangan, IV, born December 7, 1986; Katharina C.
Mangan lune 8, 1990; and Timothy C, Mangan, born September 13, 1993 and are presently living
with Husband and Wife,
WHEREAS, diffieulties have arisen between the parties as a result of whieh ~ey have
separated and now desire to divorce and, by this Agreement. to settle all finaneial and property
rights between thern; and
WHEREAS, this Agreement is made in settlement of a divorce aetion presently pending
in the Court of the Court of Common Pleas, Cumberland County, PelUlSylvania, No.98-793 and
WHEREAS, Husband and Wife respectively aelcnowIedge that before signing this
Agreement they have been fully advised by their respective counsel of their rights and obligations,
have read carefully and understand the tenns of this Agreement, and have freely consented to this
Agreement, believing it to be fair, just and equitable; and
WHEREAS, Husband and Wife are satisfied that they understand the value and extent of
all property whieh would be considered "marital property" under the Pennsylvania Divorce
Reform Act, whether titled or owned separately or jointly as well as the value and extent of
nonmaritaI property held or expected to be held by each other.
NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth
herein and intending to be legally bound hereby. the parties hereto do hereby agree as follows:
1. SEPARATION: Husband and Wife shall be free from constraint or control by
the other as fully as if he or she were unmarried. Neither shall disturb, trouble and interfere in
any way with the other or with any person for associating with the other.
2. RELEASE: Husband relinquishes his inchoate intestate right in the estate of
Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and eaeh of the
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parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators
or assigns, does remise, release, quit elaim and forever diseharge the other party hereto, his or
her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands,
damages, aetions, causes of action or suits at law or in equity, of whatsoever kind or nature, for
or because of any matter or thing done, admitted or suffered to be done by said other party prior
to and including the date hereof; further, the parties acknowledge that all rights under the
Pennsylvania Divorce Code that are not specifieally incorporated herein are hereby expressly
waived, Notwithstanding the foregoing language of this paragraph, this release shall in no way
exonerate or discharge either party hereto from the obligations and promises made and imposed
by reason of this Agreement and shall in no way affect any causes of action in absolute divorce
whieh either party may have against the other.
3. Both parties agree to pursue' no-fault divoree under Seetion
)
Divorce Code and, in connectio therewith, to exeeute and
wledge whatever COIL'ients other documents that are necessary accomplish this forthwith
ereafter as permitted by plieable law. At the request of el er party, the terms of
this Agreeme hall be incorporated b not merged into any Divorce ree whieh may be
entered with respec the parties, and the ourt shall retain continuing juri iction over the
parties and the subjeet tter of this Agreemen or the purpose of enforcement f ~ ~f the
provisions hereof. (Mwi \J.< eM
4. MARITAL RESIDEN.cE: Husband and Wife are renting the marital
residence located at I I Sheraton Drive, Carlisle, Cumberland County, Pennsylvania (the
"Property"). The rental of the Property expires in June 1998, and so the parties will separate at
or before that time.
5. BEA.L....ES:rAT: The parties are joint owners of a four acre lot in Maryland.
Wife shall sign a deed transferring sole title of the lot to Husband. Within thirty (30) months of
said transfer, Husband shall pay to Wife the sum of Nine Thousand ($9,000.00) dollars, or, if the
lot is sold within said thirty months, one-half of the net proceeds. Husband shall have the right
at any time to pay the 1wnp sum to buy Wife out over the course of the thirty month period,
Effeetive as of the date of transfer, Husband shall be solely responsible for all debts related to the
lot, Including without limitation mortgage, taxes and insurance and shall indemnify, defend and
hold Wife hannless with respect thereto,
6.
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AUTOMOBILES: Husband shall receive sole title of the 1994 Mazda
B3000 P/U, and shall be solely responsible for any debts pertaining to said
vehicle and shall Indemnify , defend and hold Wife harmless from any claim
with respect thereto.
Wife shall receive sole title to the 1993 Dodge Caravan which is free of
encumbrances and is titled solely to Husband. Husband shall transfer the
title to Wife and Wife will Indemnify , defend and hold Husband hannIess
from any eIaim with respect thereto.
ornER PERSONAL PROPERTY:
The parties have heretofore divided all other personal property, which they
owned either together or separately and such division and apportionment
is hereby eonflnned.
7, ALIMONY AND CmI.D SUPPORT: Husband shall pay to Wife an
unallocated monthly sum of $1,700.00 for alimony and ehild support, effeetive as of the date of
actual separation, whieh is antieipated to be June I, 1998, and for a period of two years or at sueh
time until the parties begin receiving their requisite shares of the military retirement, at that time
the alimony will end and ehild support will be determined by agreement of the parties or Order
of Court. Father shall be responsible for the ehildren's private sehool tuition through high school.
Wife shall be responsible for after sehool eare that may be required during the school year. The
parties have agreed to divide the cost of any activities that the ehildren partieipate in during the
school year and during the summer. The parties shall divide the eosts incurred In providing day care
during the summer months.
A.
B.
8. DEPENDENCY EXEMPTION: Husband shall be entitled to claim the
ehildren on his tax returns for purposes of the dependeney exemption.
9. CmI ,D CARE CREDITS: Wife shall be entitled to claim child care credits of
her tax returns as she shall be responsible for all ehild eare expenses
10. : Wife shall receive one half
of the marital portion of Husband's disposable military retired pay, calculated from August 29,
1984 (the date of marriage) unti11uly I, 1997 (the date of separation), a total of 154 months. To
carry out this agreement, the parties shall request the Court to enter a Qualified Domestie
Relations Order in the fonn attached as Exhibit W A. "
Wife waives her right to elect survivor benefits under Husband's retirement plan; however,
. Wife reserves the right to purchase life insuranee on Husband's life, either now or in the future, at
her sole eost and expense, and Husband shall fully cooperate with any reasonable requirement with
regard thereto. Any requirement of the life insuranee company shall be deemed prima facie
reasonable,
11. AEIER-ACQUlRED PROPERU: Each of the parties shall hereafter own
and enjoy, independently of any elaim or right of the other, all items of property, be they real,
personal or mixed, tangible or intangible, whieh is or has been aequired by him or her after the
date of separation, with full power in him or her to dispose of the same as fully and effeetiveIy,
in all respects and for all purposes, as though he or she were unmarried.
12. MARITAl, DEBTS: During the course of the marriage, Husband and Wife
have incurred certain bills and obligations and have amassed a variety of debts. It is hereby
agreed, without the necessity of ascertaining for what purpose and to whose use eaeh of the bills
was ineurred, that Husband shall be solely responsible for the following bills, obligations and
debts: Husband will be solely responsible for the mortgage on the real estate located in Maryland.
Wife shall be solely responsible for any and all bills, obligations or debts not listed above as a
marital debt assumed by Husband, Each party agrees to hold the other free and harmless from
any and all liability which may arise from the bills, obligations, and debts which are the
responsibility of that party and agrees to indemnify and defend the other party from any claim
regarding same.
13. : Both parties agree that, in the future,
neither shaII cause or permit to be charged to or against the other any purchase or purchases which
either of them may hereafter make and shall not hereafter ereate any engagements, debts or
obligations in the name of or against each other. Exeept as specifieally provided herein, each
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agrees to hold the other free and hannIess from any and all debts and other obligations which he
or she may have ineurred since the date of the separation and agrees to indemnify and defend the
other party from any claim regarding same,
14, : The parties agree to execute all
documents that are reasonably necessary to effectuate the purpose of this Agreement. In the event
that either party shall refuse or fail to execute and/or aeknowledge any such document, then the
other party shall have, and is hereby granted, the right and power to appoint one or more times
any person or persons of his or her choosing as attomey-in-faet for the other party to so execute
and aeknowledge such documents,
IS, CONTRACT INI'ERPRET A 1lON: For purposes of contract interpretation
and for the purpose of resolving any ambiguity herein,. Husband and Wife agree that this
Agreernent was prepared jointly by their respective attorneys.
16. ENFORCEMENT: If either party defaults in the due perfonnance of any of
the tenns, conditions and covenants of this Agreement on his or her part to be perfonned, the non-
defaulting party shall have the right to sue for specifieperfonnance or damages for the breaeh of
this Agreement, and the defaulting party shall pay the reasonable legal fees for any services
rendered by pension the non-defaulting party's attorney in any action or proceeding to compel
the defaulting party's due performance hereunder as well as costs for bringing the aetion or
proceeding.
17. MISCELLANEOUS:
A. This Agreement constitutes the entire agreement between the parties, being the final
and complete settlement of all matters between them and supersedes any prior written or oral
agreements between them respecting the within subjeet matter. There are no representations,
agreements, arrangements or understandings, oral or written, between and among the parties
hereto relating to the subject matter of this Agreement whieh are not fully expressed herein.
B. This Agreement may not be amended, modified, altered or revoked except in
writing executed by both the parties hereto.
C, This Agreement may not be assigned by either party without the prior written
consent of the other party,
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D, This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original for all purposes, and all of which together shall constitute one and the same
instrument.
E. This Agreement shall be binding upon the parties hereto, their heirs, exeeutors,
administrators and assigns.
F, This Agreement shall be interpreted under the laws of the Commonwealth of
Pennsylvania in effect as of the exeeution date of this Agreement.
G. The failure to strietly enforce any part of this Agreement shall not be deemed a
waiver thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any
other part of this Agreement.
H, All payments or eommunications pertaining to matters provided for in this
Agreement may be made or given if delivered or mailed to a party, at such address as either party
shall designate to the other in writing from time to time, or, if no sueh designation is made, then
to the address as set forth above.
1. Titles are for convenience and ease of reference only and are not to be considered
part of the Agreement for purposes of interpretation.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year flJ'St above written.
Wibless:
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Kriemhilde C. Mangan
ulta;J/rn
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THOMAS J. MANGAN, III
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-793
v.
KRlEMHILDE C. MANGAN,
Defendant
IN DIVORCE
OUALlFIED DOMESTIC RELATIONS ORDER
AND NOW, this dayof ,2000, upon the request ofboth parties
and pursuant to their Marital Seperation Agreement dated July 23, 1998, the following Order is
entered:
1. Husband's full name, address and social seeurity number are: Thomas J. Mangan, III;
11 Shemton Drive, Carlisle, PA 17013; Social Seeurity No. 217-70-6653.
2. Wife's full name, address and social seeurity number are: Kriemhilde C. Mangan; 11
Sheraton Drive, Carlisle; Soeial Seeurity No. 252-49-6296.
3. Husband's rnilitary pension is subject to equitable distribution by the Court of
Common Pleas of Cumberland County, Pennsylvania pursuant to The Uniformed Services Former
Spouses Proteetion Aet (USFSPA), Section 1408 of Title 10, U.S. Code. The Court of Common
Pleas of Cumberland County, Pennsylvania has jurisdiction over this action pursuant to 23 P.S.
~401(d) and with the consent of both parties,
4. Thomas J. Mangan, III (hereinafter referred to as "Husband"), is an employee of the
United States Government and the United States Army, and he will be eligible for military retired
pay after completion of at least 20 years of military service on or about May 28, 2008.
5. Kriemhilde C. Mangan (hereinafter referred to as "Wife"), was married to Husband
prior to separation for a period of154 months (August 29,1984 through July 1, 1997) during whieh
time Husband served ten or more years of ereditable serviee toward retirement.
6. Wife is awarded fifty percent (50%) ofthe marital property component of Husband's
disposable retired pay under the USFSP A and the Pennsylvania Divorce Code (hereinafter referred
to as "benefit").
The marital property component of the benefit is a fraction (defined below) of Husband's
monthly retired pay ea1culated as ofthe Benefit Dete,mination Date.
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The Benefit Determination Date shall be the earliest to occur of:
(a) Husband's separation from serviee;
(b) Husband's death; or
(e) The date Wife begins receiving her portion of the benefit awarded to her
hereunder.
The fraction to be applied to the benefit as of the Benefit Determination Date and used to
determine the marital property eomponent of the benefit is to be determined as follows: the
numerator is 154 months and the denominator is the total number of full rnonths of eredible serviee
used to eornpute the benefit.
7. Neither party shall encumber, transfer, pledge or in any other way dispose of any
portion of this pension plan until such time as the Plan Administrator has qualified this order after
which each party shall be entitled to take sueh actions as he or she deems appropriate with regard
to his or her share, free of any clairn by the other.
8. The Court shall retain jurisdiction over Husband's pension for as long as either party
shall live. The Court shall also have the authority to enter every just and equitable Order not
ineonsistent with the above, and not inconsistent with the provisions of USFSPA or any other
applicable law, and, speeifically, the Court shall have authority to make any Orders it deems just and
equitable as a result of the income tax consequences which flow from the division and distribution
of the pension.
This is a final Court Order under the provisions of the Pennsylvania Divorce Code and
USFSP A.
BY THE COURT
, J
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