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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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STATE OF . PENNA.
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.. CHARI.ES I'E'TER BLOSER,
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..KATHLEEN VELMA ..BLOSER,
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Defendant
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DECREE IN
DIVORCE
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AND NOW. . .. .. .. . . . . .. .. ... . .. . . . . .. " -:-~.
it is ordered and
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decreed that......... .9!-l!\.~r,~? .P.~Tl>.R. .Bt.p.s.I;a................ plaintiff,
and.................. KATHLEEN .VELMA. BLOSER............... defendant.
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are divorced from the bonds of matrimony. The terms of the Marital
Settlement Agreement dated June 5. 2000 are incorporated herein,
but ~e not mergep wit~ t~i~ decfe~. .
Ihe court retains IUTlsdlctlon 0 the follOWing claims which have
been raised of record in this action for which a final order has not yet
been enter~dl
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MARITAL SETTLEMENT AGREEMENT
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THIS AGREEMENT. made this S'(k day of ,Ju..~1 fl. -t-8S11. oetween
CHARLES PETER BLOSER. hereinafter referred to as "Husband". and KATHLEEN VELMA
BLOSER, hereinafter referred to as "Wife".
WITNESSETH:
WHEREAS. Husband and Wife were lawfully married on May 30. 1981 in White
Oak, Pennsylvania; and
WHEREAS, one child was born of this marriage, KYLE V. BLOSER. born March 27,
1990, hereinafter referred to as "Child"; and there are no other children born of this
marriage; and
WHEREAS. the parties have lived separate and apart since May 3D, 1993, and
mutually desire to make provisions for the settlement of their property differences; and
WHEREAS, disputes and difficulties have arisen between the parties, and it is the
present intention of Husband and Wife to live separate and apart. and the parties hereto
are desirous of settling their respective financial and property rights and obligations as
between each other, including without limitation by specification: the settling of all
matters between them relating to the past, present. and future support and/or
maintenance of Wife and Child by Husband; the settling of all matters between them
relating to the equitable division of marital property; and. in general, the settling of any
and all claims and possible claims by one against the other or against their respective
estates; and
WHEREAS. the parties have lived separate and apart since May 30. 1993, and
mutually desire to make provisions for the settlement of their property differences; and
WHEREAS, there have been no previous proceedings between the parties in any
courts pertaining to the marital relationship, the dissolution thereof, and the support and
maintenance of either party hereto or the child; however, the parties executed a
Separation Agreement on June 24, 1993, which the parties agree shall stand in effect
until this Marital Settlement Agreement is fully executed and filed with the Court of
Common Pleas of Cumberland County, Pennsylvania; thereafter the parties agree that the
Separation Agreement executed on of June 24, 1993 shall be revoked and void; and
WHEREAS. Husband and Wife declare that each has had a full and fair opportunity
to obtain independent legal advise of counsel of his or her selection; that Husband has
been represented by Linda A. Clotfelter, Esquire and that Wife has been represented by
Hubert X. Gilroy. Esquire. The parties represent and warrant that they have fully disclosed
to each other all assets of any nature owned by each, all debts or obligations for which
the other party may be liable in whole or part. and all sources and amounts of income.
The parties acknowledge that they fully understand the facts, and they acknowledge and
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accept that this Agreement, is, in the circumstances, fair and equitable, and that it is
being entered into freely and voluntarily, with such knowledge and that execution of this
Agreement is not the result of any duress or undue influence and that it is not the result
of any improper or illegal agreement or agreements.
NOW THEREFORE, in consideration of the promises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable
consideration, receipt of which is hereby acknowledged by each of the parties hereto,
Husband and Wife, each intending to be legally bound hereby, covenant and agree as
follows:
1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all
times hereafter to live separate and apart from the other party at such place as he or she
may from time to time choose or deem fit. The parties shall be free from any control,
restraint, interference or authority, direct or indirect, by the other in all respects as fully
as if they were unmarried, except as may be necessary to carry out the provisions of this
Agreement. Each may, for his or her separate use or benefit, conduct, carryon and
engage in any business, occupation, profession or employment which to him or her may
seem advisable. Husband and Wife shall not molest, harass, disturb or malign 'each other
or the respective families of each other nor compel or attempt to compel the other to
cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing
provision shall not be taken as an admission on the part of either party of the lawfulness
or unlawfulness of the causes leading to their living apart.
2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise.
release, quitclaim and forever discharge the other. for all time to come, and for all
purposes whatsoever, of and from any and all rights. titles and interests. or claims in or
against the property (including income and gains from property hereinafter accruing) of
the other or against the estate of such other. of whatever nature and wheresoever situate,
which he or she now has or at any time hereafter may have against such other, the estate
of such other or any part thereof, whether arising out of any former act. contracts,
engagements or liabilities of such other or by way of dower or curtesy; or claims in the
nature of dower or curtesy or widow's or widower's rights, family exception or similar
allowance, or under the intestate laws. or the right to take against the spouse's will; or
the right to treat a lifetime conveyance by the other as testamentary, or all other rights
of a surviving spouse to participate in a deceased spouse's estate, whether arising under
the law of Pennsylvania, any state, commonwealth or territory of the United States. or
any other country, or the right to act as personal representative of the estate of the other;
or any rights which any party may now have or any time hereafter have for past, present,
future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or
expenses, whether arising as a result of the marital relation or otherwise; except all rights
and agreements and obligations of whatsoever nature arising or which may arise under
this Agreement or for breach of any provision hereof. It is the intention of Husband and
Wife to give to each other, by the execution of the Agreement, a full, complete and
general release with respect to any and all property of any kind of nature, real, personal
or mixed, which the other now owns or may hereafter acquire, except and only except
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all rights and agreements and obligations of whatsoever nature arising or which may arise
under this Agreement or for the breach of an provision hereof.
It is further specifically understood and agreed by and between the parties hereto
that each accepts the provisions herein made by the other in lieu of and in full settlement
and satisfaction of any and all of their rights against the other or any past, present and
future claims on account of support and maintenance; that it is specifically understood
and agreed that the payments, transfers and other considerations herein recited so
comprehend and discharge any and all such claims by each against the other, and are,
inter alia, in full settlement and satisfaction and in lieu of their past, present and future
claims against the other on account of maintenance and support, and also alimony,
alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to
equitable distribution of property, both real and personal, and any other charge of any
nature whatsoever pertaining to any divorce proceedings which may have been or may
be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction,
including any other counsel fees, costs and expenses incurred or to be charged by any
counsel arising in any manner whatsoevp.r, except as may be incurred in connection with
a breach of the Agreement as set forth hereinafter in paragraph 28.
3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this
Agreement, each of the parties hereto shall have the right to dispose of his or her property
by last will and testament or otherwise, and each of them agrees that the estate of the
other, whether real, personal or mixed, shall be and belong to the person or persons who
would have become entitled thereto as if the decedent had been the last to die. Except
as set forth herein, this provision is intended to constitute a mutual waiver by the parties
of any rights to take against each other's estate whatsoever, and is intended to confer
third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party
may, however, make such provision for the other as he or she may desire in an by his or
her last will and testament; and each of the parties further covenants and agrees that he
or she will permit any will of the other to be probated and allowed administration; and that
neither Husband nor Wife will claim against or contest the will and estate of the other
except as necessary to enforce any breach by the decedent of any provision of this
Agreement. Each of the parties hereby releases, relinquishes and waives any and all
rights to act as personal representative of the other party's estate. Each of the parties
hereto further covenants and agrees for himself and herself and his or her heirs,
executors, administrators or assigns, for the purpose of enforcing any of the rights
relinquished under this Agreement.
4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing
of financial statements by the other, although the parties have been advised that it is their
legal right to have these disclosures made prior to entering into this Agreement and by
entering into this Agreement without reliance upon financial disclosure, the parties are
forever waiving their right to request or use that as a basis to overturn this Agreement or
any part thereof.
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5. INCOME TAX CONSIDERATIONS. Any transfers of property pursuant to this
Agreement are transfers between Husband and Wife incident to their divorce and as such
arc nontaxable, with no gain or loss recognized. The transferee's basis in the property
shall be the adjusted basis of the transferor immediately before the transfer. The transfers
herein arc an equal division of marital property for full and adequate consideration and as
such will not result in any gift tax liability.
6. PENSION. PROFIT-SHARING. RETIREMENT. CREDIT UNION OR OTHER
EMPLOYMENT-RELATED PLANS. The parties hereby acknowledge that Husband had the
possibility of future retirement pay while he served in the military. The parties further
acknowledge that Husband has since left the military and, as a consequence is not eligible
for military retirement pay. In the event that Husband becomes eligible for military
retirement pay in the future, Wife shall be entitled to her distributable share if any,
pursuant to the rules and regulations of the armed services and the laws of the
Commonwealth of Pennsylvania. The parties acknowledge that the Court of Common
Pleas of Cumberland County, Pennsylvania shall retain jurisdiction should a determination
of the military retirement issue be required in the future. *
The parties hereto expressly waive and relinquish any right. claim, title or interest
in any pension, profit-sharing, retirement, credit union or other employment-related plans
in which the other has any interest by virtue of his or her past or present employment.
whether vested or unvested, matured or unmatured, with the exception of Wife' s potential
interest in Husband's future military retirement, if any.
7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have
attempted to distribute their marital property in a manner which conforms to the criteria
set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the
following considerations: the length of marriage; the age, health, station, amount and
sources of income. vocational skills, employability, estate. liabilities and needs of each of
the parties; the contribution of each party to the education, training or increased earning
power of the other party; the opportunity of each party for further acquisitions of capital
assets and income; the sources of income of both parties, including but not limited to
medical, retirement, insurance or other benefits; the contribution or dissipation of each
party in the acquisition, preservation, depreciation or appreciation of the marital property.
including the contribution of each spouse as a homemaker. the value of the property set
apart to each party; the standard of living of the parties established during the marriage;
and the economic circumstances of each party at the time the division of the property is
to become effective.
The division of existing marital property is not intended by the parties to constitute
in any way a sale or exchange of assets, and the division is being effected without the
introduction of outside funds or other property not constituting marital property. The
division of property under this Agreement shall be in full satisfaction of all marital rights
of the parties.
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* In the event Husband qualifies for any military retirement benefit in the
future. Wife will be entitled to receive 50% of such benefits.
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8. MOTOR VEHICLES. The parties agree that Husband shall have full and sole
possession of the 1985 Volkswagen Jetta and shall be responsible for any costs related
to said vehicle, to include insurance. The Wife shall become full and sole owner of the
1990 Volvo 240 wagon vehicle, except that Husband shall be responsible for the
insurance payments for the vehicle until a decree in divorce is granted. On or before the
date of the execution of this Agreement, the parties shall execute the titles to the said
vehicles, if appropriate, so as to effectuate the transfer as herein provided.
9. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto
mutually agree that they have effected a satisfactory division of the furniture, household
furnishings, appliances, and other household personal property between them, and they
mutually agree that each party shall from and after the date hereof be the sole and
separate owner of all such tangible personal property presently in his or her possession,
and this Agreement shall have the effect of an assignment or bill of sale from each party
to the other for such property as may be in the individual possession of each of the parties
hereto.
The parties hereto have divided between themselves, to their mutual satisfaction,
all items of tangible and intangible marital property. Neither party shall make any claim
to any such items of marital property, or of the separate personal property of each party,
which are now in the possession and/or under the control of the other. Should it become
necessary, the parties each agree to sign, upon request, and titles or documents
necessary to give effect to this paragraph. Property shall be deemed to be in the
possession or under the control of either party if, in the case of tangible personal property,
the item is physically in the possession or control of the party at the time of the signing
of this Agreement and, in the case of intangible personal property, if any physical or
written evidence of ownership, such as passbook, checkbook, policy or certificate of
insurance or other similar writing is in the possession or control of the party.
From and after the date of the signing of this Agreement, both parties shall have
complete freedom of disposition as to their separate property and any property which is
in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant,
conveyor otherwise encumber or dispose of such property, whether real or personal,
whether such property was acquired before, during, or after marriage, and neither
Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage or other
instrument of the other pertaining to such disposition of property.
10. DISTRIBUTION OF CASH ASSETS, STOCKS AND BONDS. The parties
agree that Wife shall retain as her sole and separate property, free from any right, title or
interest on the part of Husband, the entire balances in the bank savings and checking
accounts titled in her name, and Husband shall retain as his sole and separate property,
free from any right, title or interest on the part of Wife, the entire balances in the bank
savings and checking accounts titled in his name.
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The parties shall retain as their respective sole and separate property any other
depository or brokerage accounts, stocks, or bonds held in their respective individual
names.
11. DEBTS. Husband represents and warrants to Wife that since the separation
he has not, and in the future he will not contract or incur any debt or liability for which
Wife or her estate might be responsible, and he shall indemnify and save Wife harmless
from any and all claims or demands made against her by reason of such debt or obligation
incurred by him since the date of said separation, except as otherwise set forth herein.
Wife represents and warrants to Husband that since the separation she has not,
and in the future she will not, contract or incur any debt or liability for which Husband or
his estate might be responsible, and she shall indemnify and save Husband harmless from
any and all claims or demands made against him by reason of such debts or obligations
incurred by her since the date of said separation, except as otherwise set forth herein.
12. REAL ESTATE. The parties acknowledge that they were the joint owners
of the marital residence situate at 1 213 Ashmead Square, Belcamp, Maryland 21017, but
that same has been sold. There were no proceeds of said sale as the property was sold
at a loss to the parties. The parties acknowledge that Husband has paid the amount of
the loss incurred by the parties.
13. INCOME TAX INDEMNIFICATION. The parties acknowledge that they have
filed various joint state and federal income tax returns during the course of their marriage.
The parties represent and warrant that all payments of taxes, penalties or interest shown
as due on the said joint returns have been paid in full. Each party shall be equally liable
for any taxes, penalties, interest, counsel fees, auditor's fees or accountant's fees which
may hereafter be assessed or incurred in connection with any of the joint tax returns
previously field by the parties.
The parties agree to file joint federal and state income tax returns for any
subsequent year during which they shall be Husband and Wife and entitled under the
applicable laws and regulations to file joint returns, provided that such filing results in a
lesser combined tax than would result from separate filing. Each party shall pay that
proportionate share of the tax due as shall be attributable to his or her respective earnings
or income and each shall indemnify and hold harmless the other against any liability for
his or her own proportionate share of said tax. Any refund that is realized as a result of
a joint return shall be divided proportionately between the parties.
14. DEPENDENCY EXEMPTION. The parties agree that they shall alternate
annually the entitlement to the dependency exemption and other tax benefits for the Child,
beginning with Husband utilizing same for 1999. Each party shall execute IRS Form 8332
in favor of the other party when necessary.
15. INSURANCE. The parties acknowledge that certain life insurance policies
are in force on the lives of the parties with the other as beneficiary. The parties hereby
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agree that the party in possession of a policy or policies may do with such as he or sho
in his or her sole discretion deems proper including, but not limited to, the termination of
said policies, or the designation of another beneficiary.
Husband agrees to pay the premiums and to maintain in full force and effect
insurance of the parties until a decree of divorce is granted.
16. CHILD CUSTODY.
agree, respecting the custody,
(hereinafter "Child") as follows:
The parties hereto do hereby severally consent and
control and visitation of their child, Kyle V. Bloser
a. Wife shall retain primary physical custody of Child. The parties shall share
legal custody of Child. The parties agree to consult with each other on such
matters as major medical treatment and selection of schools for the Child to
promote the best interests of Child.
b. Husband shall be entitled to rights of partial custody, including overnight
periods, weekend periods, and extended periods of partial custody during
child's school holidays and vacation. This partial custody shall be subject
to the condition that Child, until the age of sixteen (16), shall not be taken
out of state or country unless (1) the Wife accompanies Child or (2) the
Wife consents in advance. All other partial custody periods shall be
mutually agreed upon between the Husband and Wife, with at least fourteen
(14) days advance notice. Further, such exercises of custody privileges by
Husband shall not conflict nor interfere with the school schedule of Child nor
with bona fide plans previously made for his activities, and all such custody
periods shall be exercised with due regard to the health and general welfare
of Child.
c. Wife understands that Husbands current relocation to Arkansas and any
subsequent residence may make full exercise of these custody rights
impractical.
d. Husband and Wife agree that the failure to exercise any portion of these
custody rights shall not constitute a waiver of any future custody rights, but
neither shall such unused custody rights accumulate.
17. CHILD SUPPORT. Husband agrees to pay to Wife for the sole support and
maintenance of Child the sum of Five Hundred Twenty-Three and 00/100 Dollars
($523.00) per month paid directly to Wife. Said payments shall continue until Child
becomes emancipated.
With respect to Child, an emancipation event shall occur or be deemed to occur
upon the earliest happening of any of the following:
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a. Reaching the age of twenty-one (21) yeors; or
b. Marriage by Child; or
c. Death of Child; or
d. Legal adoption of Child; or
e' Entry of Child into the Armed Forces of the Unltod Stotes: or
f. Engaging in full time employment before attaining the age of twenty. one
(21) years, except and provided that Child's partial omploymont shall not bo
deemed an emancipation event and while a student, Child may engage In
full-time employment during summer vacations end summer periods without
emancipation taking place. Should Child terminate full time employment
before the age of twenty-one (21) years, emencipatlon will not be deemed
to have taken place, except that the Husband will not be liable for support
for the period which Child was so employed; however,
g. In the even Child becomes handicapped to the extent of being physlcelly or
mentally incapable, as opposed to unwilling, to support himself or herself,
Child shall not be considered omonclpated under the provisions of this
paragraph.
h. However, notwithstanding the procedlng sentence In subparegraph (a),
above, and if no other emancipation event has occurred, Husband sholl
continue to provide support until Child's twenty-third (23rd) birthday if Child
is pursuing a continuous course of college or vocational training as a fully
matriculated student at an accredited Institution of higher learning.
The parties further acknowledge that Child support required by this
Agreement is subject to modification only by 0 court of competent
jurisdiction upon 0 showing of a substantial change of circumstances.
Upon the death of Husband ell child support peyments shell cease.
18. SPOUSAL SUPPORT. Husbend shall pay to Wife for her support and
maintenance the sum of Throe Hundred Twenty-Seven and 00'100 ($327.00) per month.
Said payments will continue until the death of the Husband, the death of Wife, or the
remarriage of Wife or cohabitation of Wife, whichever shall occur first; or until further
order of the Court.
Husband agrees to contract for insuronce on the life of Wife. Further, Husband
agrees to pay all premiums associated with this policy. The only beneficiary of this policy
shall irrevocably be the porties' son. The minimum amount of the policy shall be One
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Hundred Thousand and 00/100 Dollars ($100,000.00). Husband agrees to provide Wife
with a copy of each year of proof of insurance policy being in effect and in force.
19. MEDICAL INSURANCE. Husband agrees to include Child on his medical
insurance obtained through his employer. If the medical expenses of Child are not fully
covered by Husband's medical insurance, the parties agree to pay one-half the balance
of the medical, dental or optical expenses not covered by medical Insurance, upon the
Wife's providing to the Husband copies of the medical bills. However, if Husband cannot
provide medical insurance through his employer, the parties shall share the costs of
insuring Child. Wife shall be responsible for her own medical, dental, hospital and
prescription drug expenses.
20. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and
be responsible for their own attorney' s fees and costs incurred with respect to the
negotiation of this Agreement and the divorce proceedings related thereto.
21. ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES.
Both parties accept the provisions of this Agreement in lieu of and in full and final
settlement and satisfaction of all claims and demands that they may now or hereafter
hllve against the other for alimony, alimony pendente lite, counsel fees or expenses, or
for any other provisions for support end maintenance before, during and after the
commencement of any proceedings for the divorce or annulment between the parties.
22. DIVORCE. A Complaint in Divorce has been filed to No. 94 - 1215 in the
Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be
free to proceed without further delay to secure the divorce. Both parties shall sign an
affidavit evidencing their consent to the divorce, pursuant to Section 3301 (c) of the
Divorce Code. In the event, for whatever reason, either party fails or refuses to execute
such affidavit upon the other party's timely request, that party shall indemnify, defend and
hold the other harmless from any and all additional expenses, including actual counsel
fees, resulting from any action brought to compel the refusing party to consent. Each
party hereby agrees that a legal or equitable action may be brought to compel him or her
to execute a consent form and that a legal or equitable action may be brought to compel
him or her to execute a consent form and that, absent some breach of this Agreement by
the proceeding party, there shall be no defense to such action asserted.
23. RECONCILIATION. Notwithstanding a reconciliation between the parties,
this Agreement shall continue to remain in full force and effect absent a writing signed by
the parties stating that this Agreement is null and void.
24. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement
shall be incorporated but shall not merge in the final divorce decree between the parties.
Any Court having jurisdiction shall enforce the provisions of this Agreement as if it were
a Court Order. This Agreement shall survive in its entirety, resolving the spousal support,
child support, alimony, equitable distribution and other interests and rights of the parties
under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no
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court asked to enforce or interpret this Agreement shall In any way chango tho terms of
this Agreement. This Agreomont may bo onforcod independently of eny support ordor,
divorco decreo or judgment and its terms shell toke precedenco over samo, remaining the
primary obligation of each party. This Agreemant sholl remain In full forco and effect
regardless of any change in the marital status of 1he por1ies. It is warranted, covenantod
and reprasented by Husband and Wifo, each 10 the other, that this Agreement is lawful
and anforceablo, and this warranty, covenant and representation is made for the specific
purposo of inducing the parties to e>:ecu1o tho Agreement.
25. DATE OF EXECUTION. The "dato of execution" or "execution date" of this
Agreement sholl be dofined as tho date upon which it is oxecuted by the parties if they
have each oxocutod tho Agroement on the some dato. Otharwisa, tho "dato of execution"
or "cxecution date" 01 this AgrCOmcnt sholl bo defined es the dote of execution by the
party last exccutlng the Agreemont.
26. FULL DISCLOSURE. Each party asserts that he or she has made or shall
make a full and cemple1e disclesuro of 011 the roal and personal property of whatsoever
nature and whoresoever located belonging in any way to each of them, of all debts and
encumbrances incurred In any manner whatsoever by oach of them, and of all s'ources and
amounts of incomo received or roceivable by ench party.
27. ENTIRE AGREEMENT. This Agreomont contains tho entire understanding of
the parties, and thero ero no reprasontotlons, worrantlos, covonants or undertakings other
than those oxprossly sot ferth heroin.
2B. BREACH. If olthor party broochos any provision of this Agreement, the other
party sholl havo the right, at his or hor oloctlon, olthor to sue for specific performance or
for damagos for such broach, and tho porty broaching this Agreoment shall be responsible
for legal foos and costs incurrod by 1ho othor in onforcing his or her rights under this
Agreemant.
29. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver
of any of the terms hereof shell be valid unless mode in writing and signed by both of the
parties.
30. ADDITIONAL INSTRUMENTS. Each of tho parties shall from time to time,
at the request of the ether, oxecute, acknowledgo, and deliver to the other party any and
all further instruments, titles, or other documents that may be reasonably required to give
full force and offect to the provisions of this Agreement.
31. SEVERABILITY. If any term, condition, clause or provision of this Agreement
sholl be determined or doclared to be void or invalid in law or otherwise, then only that
term, condition, clause or provision sholl be stricken from this Agreement, and in all other
respects this Agreement sholl be valid and continue in full force, effect and operation.
10
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32. WARRANTY. Husband and Wife again acknowledge that they have each
read and understand this Agreement, and each warrants and represents that it Is fair and
equitable to each of them.
33. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in determining the rights or
obligations of the parties.
34. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement
and any interpretation and/or enforcement thereof shall forever by governed by the laws
of Pennsylvania.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties
hereto have hereunto set their hands and seals the day and year first above written. This
agreement is executed in duplicate, and each party hereto acknowledges receipt of a duly
executed copy thereof.
WITNESS:
~
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LES PETER BLaSER
,Ifh?fh /}) /rljl, }/rMll ~fJ)')
KATHLEEN VELMA LOSER
1 1
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STATE OF VI~I\lM.s'lLl/A,J IA
COUNTY OF CUMREI2I..A,Ji"I
SS.
On this tf+'" day of ~ob~r ,1999, before me, the undersigned officer,
personally appeared CHARLES PETER BLaSER, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within Agreement, and acknowledged that
he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARIAL SEAL
HElm E. RASMUSSEN, NotaIy N111c
CalT(I Hill Borough, Cumberland County
My Conrnlsslon Expires Aug. 2, 2003
dJJ4/2
Notary Public
-
.
STATE OF ~~l.}IU(l A.A 1. Or..,
COUNTY OF C J.J.' W o~ .......J SS.
0" ,h;, ~ d., of {.. r? '. ~ b.fo," m.. tho uod''';Oood offl.".
personally appeared KATHLEEN VELMA BLaSER, known to me (or satisfactorily proven)
to be the person whose name is subscribed to the within Agreement, and acknowledged
that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
uzJ~
12
Notarial Seal
Bridget Ann Corcornn, Notary Public
Cailisle BarD, Cumberland County
My Commission e'pires June 10, 2002
,
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SOCIAL SECURITY INFOR:\IA nON SHEET
PURSUANT TO 23 Pa.C.S.A. SECTlO:-l430.l, I (3) (3) ALL DIVORCES :\IUST
INCLUDE THE PARTIES SOCIAL SECURITY i\l):\IBER
PLEASE FILL l:-l THE APPROPRIATE INFOR:--lA TlO~ AND RETURN TO THE
PROTHONOTARY'S OFFICE
DATE:
June 14. 2000
DOCKET NUMBER: 1215 CIVIL 1994
PLAINTIFF/PETITIONER SS# 205-52-8600
NAME: Charles P. Blaser
DEFENDANT/RESPONDENTSS # 211-46-9138
NAME: Kathleen V. Bloser
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CHARLES PETER BLOSER,
Plaintiff
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I NO. 1215 CIVIL 1994
I
I
I CIVIL ACTION - LAW
IN DIVORCE
VB.
KATHLEEN VELMA BLOSER,
Defendant
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Kindly transmit the record, together with the following
information, to the Court for entry of a divorce decree:
1. The ground for divorce is irretrievable breakdown under
Section 3301 (c) of the Divorce Code.
2. The Complaint was filed on March 11, 1994.
3. Date and manner of Service of the Complaint: March 21,
1994, by Certified Mail, Restricted Delivery as evdienced by the
Affidavit of Service filed on June 13, 1994.
4. The Plaintiff's Affidavit of Consent was executed by the
Plaintiff on June 14, 2000, and filed on J..I'lt. l~ , 2000.
The Defendant's Affidavit of Consent was executed on
J\l1'i A~ , 2000, and filed on Al.1.~ It S t I , 2000.
5. Plaintiff executed a Waiver of Notice of Intention to
Request Entry of a Divorce Decree under 3301 (c) of the Divorce
Code on Jl.Lr'I!. 1'4 , 2000, and said waiver was filed on
..,JIUH III , 2000. Defendant executed a Waiver of Notice of
Intention to Request Entry of a Divorce Decree under 3301 (c) of
the Divorce Code on Jul", J. 3 , 2000, and said waiver was
filed on ~III~-t:' I , 2000.
6. There are no related claims pending. The parties have
resolved all related issues by written agreement.
.
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LAW OFFICES OF CRAIG A. DIEHL
Date: 0./,,1 n n
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torney I. 0 . No.
64 Trindle Road
amp Hill, PA 17011
(717) 763-7613
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plaintiff
VB.
I IN THE COURT OF COHKON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I
I
I
I
CIVIL ACTION -
KATHLEEN VELMA BLOSER,
Defendant
NO.
/ dlb
LAW IN DIVORCB
Q~/'74-
Divorce-3301(c) - gO Day No-Fault
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BBEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary, Cumberland County Court House,
Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND CO COURTHOUSE 4th FLOOR
1 COURTHOUSE SQUARE
CARLISLE PA 17013 3387
(717) 240 6200
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CHARLBS PBTBR BLOSBR, I IN THB COURT 01' COMKON PLBAS 01'
plaintiff I CUKBBRLAHD COUNTY, PBNNSYLVANIA
I
va. I CIVIL ACTION - LAW IN DIVORCB
I
KATHLBBN VBLMA BLOSBR, I NO.
Defendant I
I Divoroe-3301 (0) - 90 Day No-Pault
AVISO PARA DBPBNDER Y RECL~ DBRECHOS
USTED SA SIDO DEHANDADO EN LA CORTE. si desea defenderse de
las quejas expuestas en las paginas seguientes, debe tomar accion
con prontitud. Se le avisa que si no se defiende, el caso pude
proceder sin usted y decreto de divorcio 0 anulamiento puede ser
emitido en su contra por las Corte. Una decision puede tambien ser
emitida en su contra por caulquier otra queja 0 compensacion
eclamados por el demandante. Usted puede perder dinero, 0
propiedades u otros derechos importantes para usted.
Cuando la base para el divorcio es indignidades 0 rompimiento
irreparable del matrimonio, usted puede solicitar consejo
matrimonial. Una lista de consejeros matrimonialas esta disponible
en la oficina del Prothonotary, en la Cumberland county Court of
Common Pleas, 3 South Hanover Street, Carlisle, Pennsylvania.
SI USTED NO RECLAMA PENSION ALIKENTICIA, PROPIEDAD MARITAL,
HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO PINAL
DB DIVORCIO 0 ANULAKIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECHO
A RECL~ CUALQUIERA DE ELLOS.
USTED PEBE LEVAR ESTE PAPEL A UN ABOGADO DE INKEDIATO. SO NO
TIBNE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAKE A LA OFICINA
INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL.
CUMBERLAND COUNTY COURT ADMINISTRATOR
Cumberland county Courthouse
Third Floor
Carlisle, PA 17013
(717)249-1133 or (717)697-0371
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va.
I IN THE COURT OF COMKON PLBAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I CIVIL ACTION - LAW IN DIVORCE
I
I NO.
I
I Divorce-3301(C) - 90 Day No-Fault
CHARLES PETBR BLOSER,
plaintiff
KATHLEEN VELMA BLOSER,
Defendant
COMPLAINT IN DIVORCE
1. Plaintiff is CHARLES PETER BLOSER, who currently
maintains his residence at 206 N. Enola Drive, Enola, PA 17025.
2. Defendant is KATHLEEN VELMA BLOSER, who currently resides
at 2812 Grover Avenue, McKeesport, Allegheny County, Pennsylvania
15132.
3. Plaintiff and Defendant have been bona fide residents in
the Commonwealth of Pennsylvania for at least six months
immediately previous to the filing of this Complaint.
4. The plaintiff and the Defendant were married on May 30,
1981.
5. There have been no prior actions of divorce or for
annulment between the parties.
COUNT I
No-Fault - Section 3301(0)
Plaintiff v. Defendant
6. The marriage is irretrievably broken.
.
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7. The plaintiff has been advised of the availability of
counseling and that the Plaintiff may have the right to request
that the Court require the parties to participate in counseling.
8. plaintiff requests your Honorable Court to enter a Decree
of Divorce.
WHERBFORB, Plaintiff prays this Honorable Court to grant the
relief requested.
Respectfully submitted,
Dated: March 7, 1994
9 ,
LAW OFFICES
3464 Trindle Ro
Camp Hill, PA 17 11
Atty. 10 No. 52987
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CHARLES PETER BLOSER,
plaintiff
IN THE COURT 01' COMMON PLEAS 01'
CUHBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW IN DIVORCE
va.
KATHLEEN VELMA BLOSER,
Defendant
NO.
Divorce-3301(C) - 90 Day No-Fault
VERIFICATION
I, the undersigned, verify that the statements made in this
Complaint are true and correct to the best of my knowledge,
information and belief. I understand that false statements herein
made are subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Dated: :2~ rd> 9y
(J~~
CHARLES PETER BLOSER
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plaintiff
vs.
KATHLEEN VELMA BLOSER,
Defendant
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IN THE COURT OF COMMON PLEAS 01'
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-1215 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT 01' SERVICE
I, John D. Briggs, Esquire, counsel for the Plaintiff, Charles
Peter Bloser, do hereby affirm that a true and correct copy of the
return receipt of the Complaint in Divorce sent by certified Mail,
Restricted Delivery, Return Receipt Requested, which return rec~ipt
appears to contain the signature of Kathleen Velma Bloser, is set
forth below. The undersigned understands that the statements
therein are made subject to the penalties of 18 Pa.C.S.A. Section
4904 relating to unsworn falsification to authorities.
I ~ SENDER:
I. ~ . Complett I1lma 1 tN:t/or 2 fa,. 4EIdition.lltrvlclI.
J ~ . Complete Itlm, 3. end 4. & b. . .\....
r: . P,ln1 your Mme end addl'" on tht"'vi;,. of thl. 'orm 10 thlt WI Cln
II filum thl. Clrd to you. . .' '1 .
>I!! . Anlth thl. 101m 10 Ihe front of t~ mlifpl,c:..t. 0; on the back If 'PIC'
dotl not permit. " ",.;" t')o" .. " .' ..
.s . Wrl,,"Retum R,cllpt A'~'.'"4!' on tl)~ ~Wpl.C1I below the .ttlclt number
. The R'turn R'cllpt win thow ,!\<Whom \ht It1lcle w.. dellv.red and tht dill
a d,Uv."d. ,..,' ," . .
II 3~~~I~~d;~~d Vel..m{f BwseR
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Dated:
6/2'/Q1
I also wish to receive the
following servlcBI (for an extra W
f..l: .~
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2. )(R.Slrlctad D.llvary
Consult oltmllster for fee.
48. Article Number
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~ W OFFICES OF
Atty. 10 No.
3464 Trindle
t
Camp Hill, PA 17011
(717) 763-7613
. DIEHL
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IN THill COURT 01' CODON PLIIA8 01'
CUKBIIRLAHD COUNTY, PIIHHSYLVAIlIA
NO. 94-1215 CIVIL TBRK
CBARLIIS PIITBR BLOSBR,
plaintiff
IATBLIIIIN VIILHA BLOSBR,
Defendant
CIVIL ACTION - LAW
IN DIVORCII
CBRTII'ICATB 01' SBRVICB
AND NOW, this 8th day of June, 1994, the undersigned hereby
certifies that a true and correct copy of the foregoing AFFIDAVIT
OF SERVICE was served upon the opposing party by way of united
States First Class mail addressed as follows:
Kathleen Velma Bloser
2812 Grover Avenue
McKeesport, PA 15132
cli-rC~
Helen E. Rasmussen, Legal Secretary
LAW OFFICES OF CRAIG A.. DIEHL
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
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CHARLES PETER BLOSER,
Plaintiff
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I NO. 1215 CIVIL 1994
I
I
I CIVIL ACTION - LAW
I IN DIVORCE
va.
KATHLEEN VELMA BLOSER,
Defendant
APFIDAVIT OP CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the
Divorce Code was filed on March 11, 1994.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
and service of the Complaint.
3. I consent to the entry of a final decree of divorce after
service of notice of intention to request entry of the decree.
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees and expenses if I do not claim
them before a divorce is granted.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
Date: N "]Vuo.:)
C~~ BLO~~ Plaintiff
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CHARLBS PETBR BLOSBR,
Plaintiff
I IN THE COURT OP COMMON PLEAS OP
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I NO, 1215 CIVIL 1994
I
I
I CIVIL ACTION - LAW
I IN DIVORCB
V8.
KATHLEEN VELMA BLOSER,
Defendant
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER I 3301 (C) OP THE DIVORCE CODE
1. 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 if I do not claim
them before a divorce is granted.
3. I understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the decree will
be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn
falsification to authorities.
Date:
lc.jJU IJ cD
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CHARLES P. BLOSER, Plaintiff
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I IN THE COURT 01" COMMON PLEAS 01"
I CUMBERLAND COUNTY, PENNSYLVANJ:A
I
I
I NO. 1215 CIVIL 1994
I
I
I CIVIL ACTION - LAW
IN DIVORCE
CHARLES PETER BLOSER,
Plaintiff
KATHLEEN VELMA BLOSER,
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the
Divorce Code was filed on March 11, 1994.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
and service of the Complaint.
3. I consent to the entry of a final decree of divorce after
service of notice of intention to request entry of the decree.
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees and expenses if I do not claim
them before a divorce is granted.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pat C.S. Section 4904, relating to
unsworn falsification to authorities.
Date:
$3 /ill ~I
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CHARLES PETER BLOSER,
Plaintiff
I IN THE COURT OP COMMON PLEAS OP
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I NO. 1215 CIVIL 1994
I
I
I CIVIL ACTION - LAW
I IN DIVORCE
V8.
KATHLEEN VELMA BLOSER,
Defendant
WAIVER OP NOTICE OF INTENTION TO
REQUEST ENTRY OP A DIVORCE DECREE
~ER S 3301 ecl OP THE DIVORCE CODE
1. 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 if I do not claim
them before a divorce is granted.
3. I understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the decree will
be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pat C.S. ~ 4904 relating to unsworn
falsification to authorities.
Date:
23 kJ IJZJ
J
Ni/ziI.L4;/ ( l;}zi-u u
KATHLEEN V. BLOSER, Defendant
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IN THE COURT 01" COMMON PLEAS 01"
CUMBERLAND COUNTY, PENNSYLVANIA
CHARLES PETER BLOSER, I
Plaintiff I
I NO. 94-1215 CIVIL TERM
VB. I
I
KATHLEEN VELMA BLOSER, I CIVIL ACTION - LAW
Defendant I IN DIVORCE
NOTICE OF ENTRY OF APPEARANCE
TO THE COURT:
Please enter my appearance on behalf of Plaintiff, Charles
Peter Bloser, in the above-captioned matter.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Date: ---.l}UblJ<':'T
/q I crq7
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~ef re C. Go , Esquire
Atto ey I.D. No. 78732
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
Dated
Auov", \9. ,0,'19-
s
C. Goss, Esquire
or ey ID No. 78732
34 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
.-
IN THB COURT OF COMMON PLEAS OF
CUMBBRLAND COUNTY, PENNSYLVANIA
CHARLBS PBTBR BLOSBR,
Plaintiff
VB.
I
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NO. 94-1215 CIVIL TBRM
KATHLBEN VELMA BLOSBR,
Defendant
CIVIL ACTION - LAW
IN DIVORCB
CERTIFICATB OF SERVICB
AND NOW, the undersigned hereby certifies that on the date
hereof, a copy of the foregoing NOTICE OF ENTRY OF APPEARANCE was
served upon the opposing parties by United States First Class mail,
postage prepaid, addressed as follows:
Hubert X. Gilroy
Broujos, Gilroy & Houston, P.C.
4 North Hanover Street
Carlisle, PA 17013
LAW OFFICES OF CRAIG A. DIEHL
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