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OF CUMBERLAND
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RANDALL SLOAN
Vl'I".;t1R
CHRISTINA M. SLOAN
DECREE IN
DIVORCE
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AND NOW, . . r.e.I:)J?I,I!'l,~Y.. .. U;~.. .. .. .. " 1'lJ. ?P.o.Q, it is ordered and
decreed that . .~<!I)!i.a..q.. ?l.q<![I..... ... .....,.. .,.... .. .... ...., plaintiff,
and.. .GI:q:;i..s.1;:j.[Ip. .11.. ?l,qi;l[l...................,.............. defendant,
are divorced from the bonds of matrimony.
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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; none
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The Separation Agreement dated February 16, 1999, between the
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SEPARATION AGREEMENT
THIS AGREEMENT made this
16th
day of F"hrll"ry
1999, by and between RANDALL L. SLOAN, of P.O. Box 1062,
Mechanicsburg, Cumberland County, Pennsylvania, hereinafter for the
purpose of brevity referred to as "Husband", and CHRISTINA M.
SLOAN, of 78 Old stonehouse Road, Carlisle, Cumberland county,
Pennsylvania, hereinafter for the purpose of brevity referred to
WITNESSETH:
as "wife",
WHEREAS, the parties hereto are husband and wife, having been
lawfully joined in marriage on July 22, 1974, and diverse unhappy
differences, disputes, misunderstandings and difficulties have
arisen between the parties, as a result of which they are living
separate and apart; and
WHEREAS, Husband has instituted an action for divorce in the
Court of Common Pleas of Cumberland County; and
WHEREAS, the parties hereto are the parents of two children,
Jaclyn, born November 22, 1978, and Nathan, born March 8, 1983; and
WHEREAS, it is the desire of the parties, after long and
careful consideration, to amicably, adjust, compromise and settle
all property rights and all rights in, to or against each other's
property or estate, inCluding property heretofore or subsequently
acquir.ed by either party, and to settle all disputes existing
between them, including any and all claims for Wife's and/or
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Husband's maintenance and/or for support, alimony counsel fees,
and costs.
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NOW, THEREFORE, in consideration of the
several mutual
promises and/or covenants and/or agreements hereinafter contained,
each of the parties hereto, intending to be legally bound hereby,
promises, covenants and agrees as follows:
FIRST I DIVORCE
The parties hereto further agree that the marriage is
irretrievably broken, and that they mutually consent to a divorce
and agree to execute all necessary affidavits required by the Court
at the appropriate times.
This Agreement shall remain in full
force and effect regardless of any change in the marital status of
the parties.
It is warranted, covenanted, and represented by
Husband and Wife, each to the other, that this Agreement is lawful
and enforceable and this warranty, covenant and representation is
made for the specific purpose of inducing Husband and Wife to
execute the Agreement.
Husband and Wife each knowingly and
understandingly waive any and all possible claims that this
Agreement is, for any reason, illegal or for any reason whatsoever
of public policy, unenforceable in whole or in part. Husband and
Wife each does hereby warrant, covenant and agree that, in any
possible event, he and she is and shall forever be estopped from
asserting any illegality or unenforceability as to all or any part
of this Agreement.
SECOND I RELEASES
(Al Except as provided for in this Agreement, Husband and
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wife each hereby forever releases, remises, discharges and
quitclaims the other and the estate of the other, for all time to
come and for all purposes whatsoever, from any action of any nature
whatsoever in law or in equity.
(5) Each of the parties specifically covenants and agrees
and warrants and represents that the execution of this Agreement
and its terms and provisions are accepted by them as including,
inter alia, full and complete payment by the other for any and all
past, present or future obligations for support, care, education,
maintenance, and property rights of the other, and each further
covenants, warrants, represents and agrees that no action will be
instituted by them (or claim of any kind be made) for their
support, or for any claim for property or rights other than as set
forth in this Agreement, directly or indirectly, against the other,
in any court or any jurisdiction whatsoever. The parties hereto
recognize, acknowledge and agree that each of them hereafter shall
not have and does not have any rights or claims for support, care
and maintenance or for any rights or claims of property because the
provisions herein in the nature of a post-nuptial agreement are
fair and reasonable and the property distributions herein are fair
and reasonable, and Wife acknowledges that the property conveyed
to her is a fair and substantial portion of and division of
Husband's assets and wife's rights to equitable distribution of
property, and Husband acknowledges that property allocated to him
is fair and a substantial portion of and division of the assets of
the parties and Husband's rights to equitable distribution of
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property.
THIRD: 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.
This
provision is intended to constitute a mutual waiver by the parties
of any rights to take against each other's last Wills under the
present or future laws of any jurisdiction 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 and 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 allow administration upon his or her
personal, real or mixed estate and effects to be taken out by the
person or persons who would have been entitled to do so had Husband
or Wife died during the lifetime of the other; and that neither
Husband nor Wife will claim against or contest the will and the
estate of the other.
Each of the parties hereby releases,
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relinquishes and waives any and all rights to act as executor or
executrix or administrator or administratrix of the other party's
estate. Each of the parties hereto further covenants and agrees
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for himself and herself and his and her heirs, executors,
administrators and assigns, that he or she will never at any time
hereafter sue the other party of his or her heirs, executors,
administrators or assigns, for the purpose of enforcing any of the
rights relinquished under this paragraph.
FOURTH I LEGAL ADVICE
The provisions of this Agreement and their legal effect have
been fully explained to the parties by their respective counsel.
The Husband has employed and had the benefit of counsel of Timothy
J. o'Connell, Esquire, as his attorney. The Wife has had the
benefit of counsel of Lori Serratelli, Esquire. Each party
acknowledges that he or she fully understands the facts and fully
understands his or her legal rights and obligations and each party
acknowledges and accepts 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 the Agreement is not the
result of any duress or undue influence and that it is not the
result of any collusion or improper or illegal agreement or
agreements. The respective parties do hereby warrant, represent
and declare and do acknowledge and agree that each is and has been
fully and completely informed of and is familiar with and cognizant
of the wealth, real and/or personal property, estate and assets,
earnings and income of the other and that each has made a full and
complete disclosure to the other of his and her entire assets and
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liabilities and any further enumeration or statement thereof in
this Agreement is hereby specifically waived, and the parties do
not wish to make or append hereto any further enumeration or
statement. Each of the parties hereto further covenants and
further agrees for himself and herself and her heirs, executors,
administrators and assigns, that he or she will never at anytime
hereafter sue the other party or his or her heirs, executors,
administrators or assigns, in any action or contention, direct or
indirect, that there was any absence or lack of full disclosure or
that there was any absence or lack of full, proper and independent
representation.
prPTH: SEPARATroN AND NON-MOLESTATION AGREEMENT
It shall be lawful for Husband and Wife at all times hereafter
to live separate and apart from each other and to reside from time
to time at such place or places as they shall respectively deem
fit, free from any authority, control, restraint or interference,
direct or indirect, by each other. Each party agrees that he or
she will not molest or harass the other, or compel or endeavor to
compel the other to cohabit or dwell with him or her by any legal
or other proceedings. Each may have for her or his separate use
and benefit the right to conduct, carryon or engage in any
business, profession or occupation. Neither of the parties shall,
in any way whatsoever, interfere with the other's employment or
occupation. The parties are free to mutually and voluntarily make
any efforts at reconciliation as he, she or they shall deem proper.
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The foregoing provision, however, shall not be taken to be an
admission on the part of either Husband or Wife of the lawfulness
or unlawfulness of the causes leading to their living apart, and
shall not be taken to be an admission on the' part of either Husband
or Wife as to whether either party committed desertion and
continues in such desertion, and nothing contained in this
Agreement is to be deemed to justify such continued desertion.
It is specifically intended and understood and agreed by and
between the parties hereto that each is to be enable to live not
only separate and apart from each other, but is also to be free to
act as if he or she were unmarried so far as any other persons are
concerned and each covenants and agrees not to harass or embarrass
the other or any other person who either party may hereafter see
socially.
Each of the parties hereto covenants and agrees that
neither will deny or endeavor to abridge any right of support or
maintenance which the other might have because of any alleged
conduct with regard to any third persons; provided, however, that
the parties hereto recognize that it is intended that this
Agreement shall and does supersede any and all rights or claims to
support. Each of the parties hereto covenants and agrees that he
and she will not charge the other with adultery in any action of
any nature whatsoever, directly or indirectly, or whether involving
the parties or third persons.
SIXTH: DEBTS
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All debts, contracts, obligations or liabilities incurred at
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The foregoing provision, however, shall not be taken to be an
admission on the part of either Husband or Wife of the lawfulness
or unlawfulness of the causes leading to their living apart, and
shall not be taken to be an admission on the part of either Husband
or Wife as to whether either party committed desertion and
continues in such desertion, and nothing contained in this
Agreement is to be deemed to justify such continued desertion.
It is specifically intended and understood and agreed by and
between the parties hereto that each is to be enable to live not
only separate and apart from each other, but is also to be free to
act as if he or she were unmarried so far as any other persons are
concerned and each covenants and agrees not.to harass or embarrass
the other or any other person who either party may hereafter see
socially. Each of the parties hereto covenants and agrees that
neither will deny or endeavor to abridge any right of support or
maintenance which the other might have because of any alleged
conduct with regard to any third persons; provided, however, that
the parties hereto recognize that it is intended that this
Agreement shall and does supersede any and all rights or claims to
support. Each of the parties hereto covenants and agrees that he
and she will not charge the other with adultery in any action of
any nature whatsoever, directly or indirectly, or whether involving
the parties or third persons.
SIXTH: DEBTS
All debts, contracts, obligations or liabilities incurred at
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any time in the past or future by either of the parties will be
paid promptly by said party, unless and except as otherwise
specifically set forth in this Agreement; and each of the parties
hereto further promises, covenants and agrees that each will now
and at all times hereafter save harmless and keep the other or his
or her estate indemnified and saved harmless from all debts or
liabilities incurred by him or her, as the case may be, and from
all actions, claims and demands whatsoever with respect thereto,
and from all costs, legal or otherWise, and counsel fees whatsoever
appertaining to such actions, claims and demands. Neither party
shall, after the date of this Agreement, contract or incur any debt
or liability for which the other or his or her property might be
responsible, and shall indemnify and save harmless the other from
any and all claims or demands made against her or him by reason of
debts or obligations incurred by her or him and from all costs,
legal costs and Counsel fees unless provided to the contrary
herein.
SEVENTH: EOUITABLE DISTRIBUTION
(A) Real Estate - 78 Old Stonehouse Road. Carlisle. Husband
agrees to transfer all of his right, title and interest in the
marital domicile located at 78 Old stonehouse Road, Carlisle, to
Wife, said transfer shall be subject to the mortgage thereon in
favor of Nations Bank which wife specifically agrees to assume.
Wife agrees to indemnify and hold Husband harmless from any claim,
debt or obligation arising from ownership of said property.
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(B) Husband's Pension. Wife agrees to release any and all
claims she may have to Tier I or Tier II Husband's ConRail railroad
pension. The parties acknowledge that Wife will be eligible for
a railroad retirement benefit in the amount of approximately
$641.00 per month upon reaching age 65.
(Cl Savincts.
ConRail Corooration Matched Savinqs Plan - Husband~
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agrees to set over, transfer and assign to Wife V'the amount of ~i:";'~ ,
$70,000.00 from the conRail corporation Matched Savings Plan. Wife ~~':.;
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agrees to release any interest in any balance remaining in the plan
or any amounts which may be contributed hereafter.
2. ConRajl Corooration Emolovees' Savincts Plan - Wife
agrees to set over, transfer and assign to Husband any interest in
the ConRail Corporation Employees' Savings Plan having a balance
of approximately $12,000.00.
3. Vanctuard - Husband agrees to set over, transfer and
assign to Wife his interest in the parties' Vanguard mutual fund
account.
(D) Cemeterv Plots. Husband will assign to Wife his interest
in the cemetery plots located in Millmont, Union County,
Pennsylvania.
(E) Life Insurance:
Husband agrees to maintain Wife as
beneficiary of his el!E'loyer provided life insurance pOlicy.u..nl. '/
uJtFe rr:rrt~rrt'.pr:. .~CFrv\.;J...
(F) Personal Prooertv. The parties agree that they have
equitably divided all their personal property and mutually set
over, transfer and assign their right, title and interest in the
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property in the possession of the other.
EIGHTH: ALIMONY. SUPPORT AND COUNSEL FEES
Husband hereby agrees to pay spousal support or alimony to
Wife in the amount of Two Hundred Fifty ($250.00) Dollars per month
until March, 2001.
NINTH: CHILD SUPPORT
Husband agrees to pay child support for Nathan in the amount
of Four Hundred Fifty ($450.00) Dollars per month until Nathan
reaches the age of eighteen (18).
TENTH: DEBT
Husband agrees to assume responsibility and hold Wife harmless
from liability for the following debt:
Montgomery Ward in the
amount of approximately $600.00, and Blue Chip Federal Credit Union
in the amount of approximately $6,000.00.
ELEVENTH: CONFIRMATORY DOCUMENTS
Husband and Wife covenant and agree that they will forthwith
(and within at least fifteen [15] days after demand therefor)
execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes or such other writings as may be
necessary or desirable for the property effectuation of this
Agreement. The parties will further deliver to each other whatever
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personal papers, documents, or writings that each now possess which
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are the property of the other.
TWELFTH I AGREEMENT TO CONTINUB IN EVENT OF DIVORCB
This Agreement shall remain in full force and effect unless
and until it is terminated either by mutual written consent of both
parties, or to the extent it is appropriately terminated by the
death of either party under the terms of this Agreement. The
failure of either party to insist upon strict performance of any
of the provisions of this Agreement shall not be construed as a
waiver of any subsequent default of the same or similar nature.
In the event that the marriage of the parties hereto is terminated
by divorce, this Agreement shall nevertheless remain in full force
and effect, and shall survive such decree and shall not in any way
be affected thereby, except as provided herein.
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THIRTBENTH: AGREEMENT BINDING ON HEIRS
The terms, provisions and conditions of this Agreement shall
be binding upon any and all of their heirs, executors,
administrators, successors and assigns of either of the respective
parties hereto, except as otherwise herein provided.
FOURTEENTH: APPLICABLE LAW
This Agreement shall be construed under the Laws of the
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Commonwealth of Pennsylvania.
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FIPTEENTH: PRIOR AGREEMENTS
It is understood and agreed that any and all property
settlement agreements which mayor have been executed prior to the
date and time of this Agreement are null and void and of no effect.
SIXTEENTH: VOID CLAUSES
If any term, condition, clause or provision of this Agreement
shall be determined or declared to be void or invalid in law or
otherwise, then only that term, condition, clause or provision
shall be stricken from this Agreement and in all respects this
Agreement shall be valid and continue in full force, effect and
operation. No provision of this Agreement shall be interpreted for
or against any party because that party or that party's
representative drafted this Agreement in whole or in part.
SEVENTEENTH: ENFORCEMENT
(A) It is expressly understood and agreed by and between the
parties hereto that this Agreement may be specifically enforced by
Husband or Wife in a court of equity, and the parties hereto agree
that if an action to enforce this Agreement is brought in equity
by either party, the other party will make no obj ection on the
alleged ground of lack of jurisdiction of said court on the ground
that there is an adequate remedy of law. The parties do not intend
or purport hereby to improperly confer jurisdiction on a court in
equity by their agreement, but they agree as provided herein for
the forum of equity in mutual recognition of the present state of
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the law, and in recognition of the general jurisdiction of courts
in equity over agreements such as this one.
(B) Notwithstanding anything to the contrary herein, Wife or
Husband may also proceed with an action at law for redress of any
of his or her rights under the terms of this Agreement. In the
event that for any reason whatsoever, either party is obliged to
proceed at law for redress of his or her rights under the terms of
this Agreement, then it is specifically understood and agreed that
for and in specific consideration of the other provisions and
covenants of this Agreement, each shall waive any right to jury
trial so as to expedite the hearing and disposition of such case
and so as to avoid delay.
(e) It is specifically understood and agreed by the parties
that in the event of a default under the terms of this Agreement,
the non-defaulting party shall have the right to file a petition
for contempt and request such relief and remedies as authorized by
law of the court.
(D) Each party further hereby agrees to pay and to save and
hold harmless the other party from any and all attorney's fees,
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costs and legal expenses that either may sustain, or incur or
become liable or answerable for, in any way whatsoever, or shall
pay upon, or in consequence of, any default or breach by the other
of any of the terms or provisions of this Agreement by reason of
which either party shall or shall be obliged to retain or engage
counsel to initiate or maintain or defend proceedings against the
other at law or equity or both or in any way whatsoever; provided
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that the party who seeks to recover such attorney's fees, costs,
and legal expenses and expenses must first be sUccessfUl in whole
or in part, before there would be any liability for attorney fees.
(E) All remedies provided by law and all remedies provided
for in this Agreement for enforcement of this Agreement shall be
deemed to be cumulative and the exercise of one remedy shall not
bar or prevent the pursuit of any other remedy and either party
may elect to pursue such remedies simultaneously and the exercise
of a remedy one or more times shall not exhaust its use or prevent
further pursuit of such remedy.
(F) This agreement shall not be deemed to merge into the
decree of divorce.
IN WITNESS WHEREOP, and intending to be legally bound hereby,
the parties hereto have hereunto set their hands and seals the day
and year first above written.
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Cristina M. Sloan
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IER AND 'b~CONI
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RANDALL SLOAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VB.
CIVIL ACTION - LAW
NO. r; J. I J'{ CL~J ,.;,-.
IN DIVORCE
CHRISTINA M. SLOAN,
Defendant
COMPLAINT IN DIVORCE
COUNT I
Divorce Under ~3301(c)
1. Plaintiff is Randall Sloan, an adult individual, whose
mailing address is P.O. Box 1062, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
2. Defendant is Christina M. Sloan, an adult individual, who
resides at 78 Old Stonehouse Road, Carlisle, Cumberland County,
Pennsylvania 17013.
3. Plaintiff has been a bona fide resident in the Common-
wealth for at least six months immediately previous to the filing
of this Complaint.
4. The plaintiff and Defendant were married on July 22, 1974,
at Cumberland County, Pennsylvania.
5. There have been no prior actions for divorce or annulment
between the parties.
6. The marriage is irretrievably broken.
7. plaintiff has been advised of the availability of
counseling and that Plaintiff has the right to request that the
Court require that the parties participate in counseling.
8. Defendant is not a member of the armed services of the
RANDALL SLOAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V8.
CIVIL ACTION - LAW
NO. t; J. I'J If CLvJ -r.;.~
IN DIVORCE
CHRISTINA M. SLOAN,
Defendant
COMPLAINT IN DIVORCE
COUNT I
Divorce Under ~3301(c)
1. Plaintiff is Randall Sloan, an adult individual, whose
mailing address is P.O. Box 1062, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
2. Defendant is Christina M. Sloan, an adult individual, who
resides at 78 Old Stonehouse Road, Carlisle, Cumberland County,
Pennsylvania 17013.
3. Plaintiff has been a bona fide resident in the Common-
wealth for at least six months immediately previous to the filing
of this Complaint.
4. The plaintiff and Defendant were married on July 22, 1974,
at Cumberland County, Pennsylvania.
5. There have been no prior actions for divorce or annulment
between the parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised of the availability of
counseling and that Plaintiff has the right to request that the
Court require that the parties participate in counseling.
8. Defendant is not a member of the armed services of the
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United States or any of its allies.
WHEREFORE, Plaintiff requests the Court to enter a Decree of
Divorce.
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COUNT II
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Equitable Distribution
9. Paragraphs 1 through 8 are incorporated herein by
reference.
10. Plaintiff states that the plaintiff and defendant possess
various items of both real and personal marital property which is
subject to equitable distribution by the Court.
WHEREFORE, plaintiff requests that this Court:
a) eqUitably distribute all property, personal and real, owned
by the parties;
b) such other relief as the Court may deem equitable and just.
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~. (O'Connell, Esquire
TURNER AND O'CONNELL
258 North Street
P. O. Box 1123
Harrisburg, PA 17108
(717) 232-4551
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Attorney for plaintiff
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RANDALL SLOAN,
Plaintiff
In the Court of Common Pleas
Cumberland County, Pennsylvania
vs.
civil Action - Law
No. 98-784 civil Term
CHRISTINA M. SLOAN,
Defendant
: In Divorce
APPIDAVIT OP CONSBNT
1. A Complaint in divorce under 53301 (c) of the Divorce Code
was filed on February 9, 1998.
2. The marriage of Plaintiff and Defendant is irretrievab-
ly 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.
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. 54904 relating to unsworn
falsification to authorities.
I
Date: a.f1/DD
.1[tii ,l 5/!,. _
andaJ.l'Sloan I f
Social Security No. ,.1.()'i'~Cf.J.-' 537
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