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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this 2/.J.:C day of N.i:>U.,~
19 97, by and between CAROL E. SIGNOR ("WIFE") of 215 Hempt
Road, Mechanicsburg, Pennsylvania
and
JOHN E. SIGNOR ("HUSDANu") of 215 Hempt Road, Hechanicsburg,
Pennsylvania.
WIT N E SSE T H :
WHEREAS, the parties hereto are HUSBAND and WIFE, having
been married on November 5, 1966 in Harrisburg, Pennsylvania.
There was one child born of this marriage: Mark E. Signor,
age 26, born May 12, 1970.
WKlREAS, diverse and unhappy differences, disputes and
difficulties have arisen between the parties and it is the
intention of IIUSBAND and WIVE to lIve separate and apart for
the rest of their natural lives, and the parties bereto are
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deairous of settling fully and finally their respective
financial and property rIghts and obligatlons aa between each
other including, without Ihlitation by apec:lfication: the
settling of all matler. between tb.. relating to tbe
ownanhIp and eqllitabh: dhlrltNtlon of real and penollal
property. tbe settling of all mattera between th.. relating
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to the past, present and future support, alimony and/or
maintenance of WIFE and HUSBAND or of HUSBAND by WIFE; and in
general, the settling of any and all claims and possible
claims by one against the other or against their respective
estates.
NOW, THEREFORE, in consideration of the premises and
mutual promises, covenants and undertakings hereinafter set
forth and for other good and valuabl!, consideration, receipt
of which is hereby acknowledged by each of the parties
hereto, WIFE and HUSBAND. each intending to be legally bound
hereby, covenant and agree as follows:
1. DIVORCE DECREE.
The parties ackno"ledge that their II\8rriage is
irretrievably broken and that they will secure a mutual
consent no-fault divorce decree in Wife's Cumberland County
divorce action docketed to number 96-525]. Upon the
execution of this Agreement, the ~rties shall execute and
file Affidavits of Consent and Waivers of Notice of Intent to
Request Entry of Divorce Decree. If either party fails or
refuses to finalize said divorce or execute and file the
documents nece.sary to finalize the divorce, said failure or
refusal .hall be considered a ateriel breach Of thh
Aqr....nt and shall entitle the oth.r party at hi. or her
option to terainate this Aqre...nt or alterD&tively to ...k
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any other remedy provided in this agreement or by law or
equity.
2. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE.
The parties agree that the terms of this Agreement shall
be incorporated into any Divorce Decree which may be entered
with respect to them but the terms of this Agreement shall
not merge with the Divorce Decree, but rather, shall continue
to havd i.lldependent contractual significance.
3. The provisions of this Agreement and their legal
effect have been fully f'xplained to the parties by their
respective counsel, DIA:.IE G. RADCLIFF, ESQUIRE, for WIFE, and
DEBRA A. DENISON, ES(UIRE, for HUSBAND.
The parties
acknowledge that they have received independent legal advice
from counsel of their selection and that they fully
understand the facts and have been fully informed as to their
legal rights and obligations and they acknowledge and accept
that this Agreement is, in the"'circumstances, fair and
equitable and that it is being entered into freely and
voluntarily, after having received such advice and 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 collusion or iaproper or illegal .qr....nt
or .gr....nt..
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4. FINANCIAL DISCLOSURE.
The parties confirm that there has been a full and fair
disclosure of the parties' marital and separate assets and of
the parties' respective incomes.
5. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS.
Each party understands that he or she has the right to
obtain from the other party a complete inventory or list of
all of the property that either or buth parties own at this
time or owned as of the date of separation, and that each
party has the right to have all such property valued by means
of appraisals or otherwise. Each party also understands that
he or she has the right to obtain a complete income and
expense statement from the other party.
Doth parties
understand that they h;Jve the right to have it court hold
hearings and make deciuions on the matters covered by thie
Agreement. Both parties understand that a court decision
concerning the parties' respectilJe rights and obligations
might be different from the provisions of this Agr....nt.
Each party hereby acknowledges that this Agr....nt is
feir end equitable, that it adequately provides for his or
her needs and is in hls or her best inter.sts, and that the
Agr....nt is not the result of any frlud, duresl, ot undue
influence e.ercised by either party upon the other or by Iny
oth.r perlon or persons upon either party.
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Given said understanding and acknowledgement, both
parties hereby waive the following procedural rights:
a. The right to obtain an inventory and
appraisement of all marital and separate property as
defined by the Pennnylvania Divorce Code.
b. The right to have property appraised.
c. The rigb~ to have the court determine which
property is ma~iLdl dnd which is non-marital, and
equitably distribute between the parties that property
which the court determines to be marital.
d. The right to obtain an income and expense
statement of the other party as provided by the
Pennsylvania Divorce Code.
e. The right to have the court decide any other
rights, remedies, vrivileges, or obligations covered by
this Agreement, including, but not limited to, pos.ible
claims for divorce, child o~fspousal support, alimony,
al1l1Ony pendente lite (temporary alimony), cu.tody,
vi.itation, and counlel fee., co.t. and expen....
, . PUSOlIAL PIlOPlm.,.
Mith respect to thn household goods, furnilhing. and
oth.r tangible perlor.al property, the perti.. agr.. that tb.
living rOOM luite, dining roca luit, bedroca luit, riding
.ower, Inow blower, clothing and perlonal effectl, .hall be
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the sole and separate property of HUSBAND and all other
property currently located at the parties' marital residence
situate at 215 Hempt Road, Hechanicsburg, Pennsylvania, shall
be the sole and separate property of WIFE.
7. DIVISION OF VEHICLES.
with respect to the vehicles owned by one or both of the
parties, they agree as follows:
(a) The 1993 Ford Explorer shall be the .<lle and
exclusive property of WIFE.
(b) The 1992 Ford Ranger and the trade-in value of the
1989 F-150 shall be the sole and exclusive
property of HUSBAND.
If necessary, titles shall be executed to effectuate the
above distribution. If any of the above listed vehicles are
subject to a loan, the party receiving the vehicle ahall take
it subject to said loan ~nd shall be solely responsible for
the payaent of the loan and shall llndelllnify, protect and save
the other party harmles. from that loan.
. . SAU or RIAL ISTA'tI.
The parties are the joint owners of real estate known
.. 215 HUlpt Road, Hechanicsburg, Pennsylvania, wbich is
~roved with a relidence and bas be.n Uled ., tb. parti..'
..rtial resldence (herelnafter referred to .. the Marital
It..~d.nc.). n. Marital Relidenee is lIabject t.o . Urat.
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mortgage with GE Capital Mortgage corporation having a
balance of approximately $69,500.00 and a Dauphin Deposit
Home Equity Loan having il balance of approximately $7,000.00.
Said Marital Residence is currently listed for sale with Jack
Gaughen and which is under contract for sale. With respect
to the Marital Residence, the parties agree as follows:
(a) The parties will cooperate with each other to
complete the sale of the Marital Residence i
accordance with the existing contract. If said
sale is not completed, the parties agree that the
Marital Residence shall continue to be listed for
sale with Jack Gaughen or any other mutually
agreeable real estate broker until it is sold at
the best price obtainable.
(b) At final settlement on the sale, the net proceeds
derived, after pA)'lIent of all normal and
reasonable settlement ~&sts, shall be distributed
first to the pAY\IIent of any outstanding liens
against the real estate including, but not limited
to, the CK CapItal first IIOrtgage and Dauphin
DepoGit hOlle eq\lity loan, second to the payaent of
the Chue Mastercard account having a current
approlliute balance of $4,000.00, and third the
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remaining balancc shall be divided equally between
the partics.
(c) The partics shall each report SO\ of any capital
gains that reGult from the sale of the marital
residence upon their applicable tax returns and
each shall be required to pay any taxes associated
with or resul t.i ng from said reporting and shall
indumnify, protect and hold the other party
harmless from any taxes arising out of said
reporting. The foregoing notwithstanding, each of
the parties shall be entitled to claim the benefit
of any roll-over or tax deferral that IlIAY be
available under the Internal Revenue Code or any
other code or regulation now or hereafter in
affect.
t. SALK OF LOT
The parties are the joint owhtrs as of a certain tract
of unilaproved real estate which adjoins the urital residence
referred to in the preceding paragraph which is un.ncuabered
and which is currently listed for aale with Jack Caugh.n and
is under contract for sale.
With respect to laid real
estete, the parties agr.. es follows:
(a)
The parties wi 11 cooperate witb .ech other to
co.plete the &01e of the lot in accordance with
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the existing contract,
If said sale is not
completed the parties agree that the aforesaid lot
shall continue to be listed for sale with Jack
Gaughen or any other mutually agreeable real
estate broker until sold at the best price
obtainable.
(b) At final settlement on that sale, the net proceeds
dorlved, after paYlllent of all normal and
reasonable settlement costs, shall be distributed
first to the payment of any outstanding liens
against the real estate with the remaining balance
to be divided equally between the parties.
(C) The parties shall each report 50\ of any capital
gains that result from the sale of the marital
residence upon their applicable tax returns and
each shall be required to pay any taxes associated
with or resulting froalofsaid reporting and shall
indemnify, protect and bold the other pa~ty
beraless from any texes arising out of said
reporting. The forlt9Oinc;l not.withstanding, aach of
t.he parties shall be entitled t.o claia the benefit.
of any roll-over or t.ax deferral that. ..y be
avaIlable under the Internal Revenue Code or any
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other cod~ or regulation now or hereafter in
affect.
10. EACII PARTY RETAINS OWN PENSION PLANS.
With respect to any retirement type per plan including
pensions, ESOP, profit sharing, 40lK plans and the like, it
is understood and agreed that WIFE will receive as her sole
and separate property her 40lK Plan acquired through her
employment with K , II Ford having ~n approximate balance of
$20,000.00 and IIUSDAND shall receive as his sole and separate
property his 40lK Plan acquired through his employment with
Liberty Excavators, having only a minimal balance.
11. DIVISION OF DANK ACCOUNTS/STOCK/LIrE INSURANCE.
The parties acknowledge and agree that they have
previously divided to their mutual satisfaction all of their
bank accounts, certificates of deposit, IRA accounts, bonds,
shares of stock. investment plans and life insurance cash
value and hereafter WIFE agrees tl&t all said bank accounts,
certificates of deposit, IRA accounts, bonds, shares of
stock, investment plans and life insurance caah value in the
posseuion of IIUSDJ\NO shall becOlIIe the sole and separate
property of HUSBAND; and IlUSBAND agrees that all the said
bank accounts, certificates of depasit, IRA accounts, bonds,
shares of stock, investment plana and life Inlurance cash
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value in the possession of WIFE shall become the sole and
separate property of WIFE.
12. FINAL EQUITABLE DISTRIBUTION OF PROPERTY.
The parties agree that the division of all property set
forth in this Agreement is equitable and in the event an
action in divorce is commenced, both parties relinquish the
right to divide said property in any manner not consistent
with the terms set forth herein. It is further the intent,
understanding and agreement of the parties that this
Agreement is a full, final, complete and equitable property
division.
13. WAIVER OF ALIMONY, ALIMONY PERDDTE LITE, SPOUSAL
~VPPORT. HAItn'E~llUICE lUll) CO51'S.
The parties hereto ~gree and do hereby waive any right
and/or claim they may have, both now and in the future,
against the other for alimony, alImony pendente lite, spousal
support, maintenance, counsel fe~ and costs.
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IIIJSDANO end WIFE each do hereby _tually and generally
release each other from IIny end all rlghts, title and
interests, or claims in or against the property of the other
Of' against the estate of such other, whether ariling out of
any fo~t nets, contracts, engagements or liabilities of
such ottlltr or by "'"'( of dower or curt.ey, or dal.. ill tlul
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nature of dower or curtsey or widow's or widower's rights,
family exemption or similar allowance, or under the intestate
laws, or the right to take against the spouse's will; or all
other rights of a surviving spouse to participate in a
deceased spouse's estate, or any rights which either party
may have or at any time hereafter have for past, present or
future support or ma.!ntenance, alimony, alimony pendente
lite, couusMl fe~s, e~uitable distribution, costs or
expenses, whether arising as a result of the marital
relationship or otherwi!;o, except, any only except, all
rights, agreements and obligations of whatsoever nature
arising or which may arise under this Agreement or for the
breach of any provision thereof.
It is the intention of
HUSBAND and WIFE to give to each other by the execution of
this Agreement a full, complete and general relea.e with
respect to any and all property of any kind or nature, real,
personal or mixed, which the othe~fnow owns or may hereafter
acquire, except and only except all right. and agre...nts and
obligation. of whatloever nature ariling or which may arile
under this Agreement or Cor the breach of any prov1aion.
thereof.
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15. IP.l'ZDL COOPDA~lOW.
ltach P/'rty shall. lit eny tlN and CrOll tl.. to tl..
hereeCter. take any and dll Itep. and execute, ackftowledqe
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and deliver to the other party, any and all further
instruments and/or document that the other party may
reasonably require for the purpose of giving full force and
effect to the provisions of this Agreement
16. AGREEMENT BINDING ON HEIRS.
This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs,
executor~, administrators, successors and assigns.
17. INTEGRATION.
This Agreement constitutes the entire understanding of
the parties and supersedes any and all prior agreements and
negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
11. BREACR.
If for any reason either HUSBAND or WIn falls to
perform his or her obligations owed to or for the benefit of
the other party and/or otherwise ~reaches the teras of this
Agreement, then the other party shall have the following
rlghta and rallledies, all of which shall be de_ed to be
cu.ulatlve and not in the nlternative, unle.. said cuaulative
effect would have an inconslstent r..ult or would r..ult in
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a vindfall of the other party.
ea) the rlqht to .~clfic pufortNlIce of the teras
of this Aqre_ent, in which event the non-bre.c!l1ng
1)
party shall be reimb~rsed for all reasonable attorney's
fees and costs incurred as the result of said breach and
in bringing tho action for specific performance.
(b) the right to damages arising out of breach of
the terms of this Agreement, which damages shall include
reimbursement of all attorney's fees and costs incurred
as the result of the breach and in bringing the damage
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action.
(C) the right to all remedies set forth in Section
3502(e) of the pennsylvania Divorce Code, 23 Pa. C.S.A.
3502(e), an any additional rights and remedies that may
hereafter be enacted by virtue of the amendment of said
Section or replacement thereof by any other sillilar
laws, which remedies shall include, but not limited to:
(1) the entry of judgement:
(2) the authorization of the taking and
seizure of goods and cdattels and collection of
rents and profitl of real and perlonal and
tangible and intangible property;
()) the award of interelt on any unpaid
lnltaUment:
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(4) tbe trudu ud la1. of any property
r~ired to obtain cOl8pUa"ce wlt" th. obl1qatlonl
undertake" by thil Aqr....nt:
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(5) the posting of security to insure future
payments to asnure compliance with the obligations
undertaken by this Agreement;
(6) the issuance of attachment proceedings
and the holding of the Defendant to be in contempt
and the making of appropriate order therefor
including, but not limited to, commitment of the
breaching party to county jail for a period not to
exceed six (6) months.
(7) the award of counsel fees and costs.
(8) the attachment of the breaching party's
wages.
(d) Any other remedies provided for in lav or in
equity.
1'. ~w 0' PEKKSYLVAHIA APPLICABLE.
This Agreement shall be construed in accordance with the
laws of the commonwealth of penndJlvania.
20. tJUDIWOI IIO'f PART 0,. amld:..._!.
Any beadings precedinq tbe text of tbe eeveral
paragraphs and subparagraphs hereof, are inserted solely for
convenience of reference and shall not constitute a part of
tbls Agreement. nor Shall they affect its ...nlng,
~onslruction or effect.
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BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES
HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH
PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT
SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED
BY THE COURT AFTER A FULL HEARING.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the day and year first above written.
WITNESS:
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CAROL E. BIG.OR, . I. THE COURT or COMNO. PLBAS or
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Plaintiff I CUMBERLAJID COUIITr, PlDlrLVAIIIA
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Jon E. BIG.OR, . CIVIL ACTIO. - LAW
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Defendant I I. DIVORCE
.OTIC.
YOU HAVE BEEN 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 divorce is indignities or
irretrievable breakdown of the marriage, you may request
_rriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary at the Cumberland
County Courthouse, Carlisle, Pennsylvania.
Ir YOU DO NOT rILE A CLAIM FOR ALIMONY, DIVISION or
PROPERTY, COUNSEL FEES OR EXPENSES BEFORE TH! PINAL DICRI:! or
DIVORC! OR ANNULMlNT IS GRANTED, YOU MAY LOS! TH!: RIGHT TO
CLAIM AMY OF THIM.
YOU SHOULD TAU THIS PAPER TO YOUR LAWTER AT ONC!. IF
YOU DO NOT HAVI A LAWTER OR CAHNOT AFFORD ONI, GO TO OR
TlLlPHONI THI orrICI SIT FORTH BELOW TO rIND OUT WHiRl YOU CAN
GIT LICAL HILI'.
COURT ADMINISTRATOR
Cuaberland County Courthouse
00. Courthous. Squar.
Carlisle, PA 17011
(717) 240-6200
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CAROL B. SIGNOR,
Plaintiff
I IN THB COURT OF COMMON PLZAS OF
I CUMBBRLAJID COUN'.rt, PIDSYLVAJlIA
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I No. t:;(., ,>.l 5.1 C.....,.J "1':.--
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I CIVIL ACTION - LAW
I IN DIVORCB
Y.
Jon B. SIGIIOR,
oefendut
COMPLAIII'l'
AND NOW, this ~day of ~, 199.,L, cOllies
the Plaintiff, CAROL E. SIGNOR, by her attorney, DIAN! G.
RADCLIFF, ESQUIRE, and files this Complaint in Divorce of
which the following is a statement:
COVII'1' I I DIVORa
1. The Plaintiff, CAROL E. SIGNOR, is an adult
individual residing at 215 Hempt Road, Mechanicsburg,
Cumberland County, Pennsylvania since 1992.
2. The Defendant, JOHN E. SIGNOR, is an adult
individual r~aiding at 215 Hempt Road Mechanicaburg,
CUaberland County, Penn'ylvania, aince 1992.
3. Plaintiff and/or Defendant have been bona fide
n.idenU of the COIIlIDOnwealth for at lH.t aix (6) tlIOntha
previoua to the filing of thia complaint.
.. Plaintiff and Defendant were ..rried on NovUlber 5,
1966 at Kerri.burg. Pennaylvania,
5. There ha,.. Men no prior actlOll8 of di\"Otce or
annul..nt Mtween the partie..
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6. Plaintiff has been advised of the availability of
counseling and the right to request that the Court require the
parties to participate in counseling.
7. The Defendant is not a member of the Armed Services
of the United States or any of its Allies.
8. The Plaintiff avers that the grounds on which the
action is based are:
(a) That the marriage is irretrievably broken.
Or in the alternative,
(b) That Defendant has offered such indignities to
the person of the Plaintiff, the innocent and injured spouse,
as to render her condition intolerable and life burdensome,
and that this action is not collusive.
WHEREFORE, Plaintiff requests this Honorable Court to
enter a decree in divorce, divorcing the Plaintiff end
Defendant.
Respectfully subaitted,
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Mo.
Attoroey for PlaLntiff
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VlJlIPICATIO.
CAROL E. SIGNOR
verifies
that
the
statements made in this Complaint are true and correct.
CAROL E. SIGNOR
understands
that
false
statements herein are made subject to the penalties of 18
Pa. C.S. Section 4904, relating to unsworn falsification to
authorities.
C, \.--t [ 5'1_ ~
CAROL E. SIGNOR
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CAROL E. SIGNOR,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS, : No. 96-5253 CIVIL TERM
.
JOHN E. SIGNOR, : CIVIL ACTION. LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CON$efi
1. A Complaint in Divorce under Section 33Q1(c) of the Divorce Code
was filed on September 23, 1996,
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of filing the Complaint,
3. I consent to the entry of a final Decree in Divorce after seMce of
notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct,
understand that false statements herein are made subject to the penalties of 18
PI. C.S, Section 4904 relating to unsworn falsific:ation to authorities.
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CAROL E. SIGNOR,
Plaintiff
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 96-5253 CIVIL TERM
CIVIL ACTION . LAW
IN DIVORCE
JOHN E. SIGNOR,
Defendant
WA~ROFNOTICEOF~NnONTOREOUEST
ENTRY OF A DIVORCE DECREE
UNDER SEcnON 330110 OF mE DIVORCE CODE
I. I consent to the enuy of I finaJ decree of divorce without 1lOIic:e,
2. I undentand that I may Jose rights COIloe...ilc alimony, division of property, lawyer's fees
or ~pcIIICi if I do not claim them before I divorce is granted.
), I undentand that I wiD noc be diYon:ed until. divorce decree is entered by the Coun &lid
that . copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the IIItcmatts made in this affidavit are true IDd correct. I understand that false
~ benin are made aIbjea to the pakia of II hC.S. t 4904 rdatiaa to UIlaWOfII f'alsification
to autbtooitia.
Dattd:Jf~fi1,