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MAT8I~OHIAL SETTLEMENT AGREEMENT
THIll AGREEMEN'f, made thiB ..3JIuig.ay of fllJF
199'1, petween PATRIOIA ~. 'IRltKIJHIR., hereinafter oalled "Wite"
and 8'1'IPKllf J. 'IRItIIIJHIR, hereinafter called "Husband".
WI'l'NESSETHI
The pllrties hereto, peing Husband and Wife were lawfully
married on september 20, 1986 in Cumberland County, Pennsylvania,
There wore no children born of this marriage,
Differenoes have arisen between Husband and Wife in
conssquenoe of which they have begun to live separate and apart
from each other,
Husband and Wife desire to settle and determine f1nlllly and
for all time, their mutual property rights.
NOW THEREFORE, in consideration of the mutual promises,
covenants and undertakings herein oontained, the parties eaoh
intending to pe legally bound, agree as follows:
1. SEPARATION
Husband and Wife shall at all times hereafter have the right
to live separate and apart from each other and to reside from
time to time at such plllce or places as they shall respectively
deem fit, free from any control, restraint, or interference.
whatsoever by the other. Neither party shall molest tha other or
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endeavor to compel the other to cohabit or dwell with him or her
by any legal or other proceedings, The fore9oing proviBion shllll
not be tllken to be an Ildmission on the part of either Husband or
Wife of the lawfulness or unlawfulness of the causes leading to
their living apart.
2. UAIE OF EXECUTION
The "dllte of execution" or "execution date" of this
Agr~ement shall be defined as the date upon which it is exeouted
by the parties if they have each executed the Agreement on the
aame date, Otherwise, the "date of execution" or "execution date"
of this Agreement shall be defined as the date of execution by
the party last executing this Agreement.
3. REAL PROP.J.BTl
The parties acknowledge that they are joint owners of
property known as 2 Tiffany Drive, carlisle, cumberlllnd county,
Pennsylvania. They acknowledge that there is currently a mortgage
againet the property held by Fulton Bank in the approximate
amount of $158,000.00 with a current monthly mortgage payment on
the property of $1470.00. Husband agrees to transfer all of hia
right, title and interost in the said property to Wife upon
execution of this Agreement. Also, HUsband agree. to sign any and
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all doouments whioh Ilre required by Fulton Bank in order to
modify the payment schedule on the ourrent mortqaqe obliqation.
wite shall thereafter be responsible for the payment of the
mortqaqe in aooordance with its terms and conditions and Bhall
indemnify and hold husband harmless from any future liability
with reqllrd thereto. Husband Ilqrees that he shllll vacate the
property on or ~efore September 2, 1995. Husband agrees to PIlY
direotly to Fulton Bank the sum of approximately Four Thou81lnd
Three Hundred Fifty-seven Dollars and sixteen Cents ($4,357.16)
which represents one-half of the arrearaqes owinq on the mortqaqe
81 ot September 2, 1995 and the sum of Two-Hundred DollllrB
($200.00) 8S reimbursement to Wife for Homeowner's Insuranoe for
1995. said payments to Fulton Bank and to Wife shall be mllde
withi~ thirty (30) days of the execution of this Aqreement.
Further, Wife agreos that if she qualifies to do so the
property shall be refinanced, if it has not been sold, in order
to remove HUBband's name within a reasonable amount ot time. Wife
agrees to keep Husband informed of the status regarding the
retinancinq.
Further, Husband agrees that Wife shall therelltter b. solely
responsible for the sale of the house which would include the
.eleotion of a real estate firm, the terms of a listing agr..ment
and the 8iqning of any and all documents necessary tor the aal.
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of the real estate. Upon the sale of the relll estate, Wife shall
pay in full the first mortgage to Fulton Bllnk, the debt to PNC
Bank referred to in paragraph 5 in the approximate amount of
$26,660.00 and the Line of Credit referred to in Pllrllgraph 6 in
the approximllte amount of $1,500.00. Any proceeds remaining after
the coets of sale (including, but not limited to real estate fee.
and closing CQsts), reimbursement to Wife of pllyments mllde on the
Fulton Bank mortgage, PNC debt and Line of credit for the time
pericd until the house sells, (excluding the Fulton Bank
arrearage referred to herein) and payment in full of the Fulton
Bllnk mortgage, PNC debt and Line of Credit shall be distributed
2/3 (two-thirds) to Wife and 1/3 (one-third) to Husband.
Further, Husband shall be permitted to use the detached shed
located at 2 Tiffany Drive for storage purposes for a period of
nihety (90) days from the date he vacates the residence unles. it
interfers with the sale of the house. If so, Husband Ilgrees to
remove .aid property upon ten (10) days notice by Wife to
Husband.
4. EID3.e~PERT'i
The parties hereto mutually agree that they have divided all
furniture, household furnishings, appliances and other household
personal property between them, and they mutually agree that each
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party ahall from and Ilfter the dllte thereof be the Bole Ilnd
.eparate owner of all tangible personal property presently in hia
or her possession, except thllt Wife agrees that she shall return
to Husband certain photoqrllphs within thirty (30) days of the
exeoution of this Agreement.
5.~
With respect to the motor vehicles owned by one or both of
the parties, they agree as followSI
(a) The 1992 Aoura shall become the sole and exolusive
property of Wife. The parties acknowledge that there is currently
a lien Ilqllinst this vehicle which is held by PNC Bank in the
approximate amount of $26/660.00. The vehicle shall be sold Ilnd
the loan refinanced pursuant to the terms of Pllraqraph 6 herein.
(b) The 1929 Model A. F~rd shall become the sole and
exclusive property of Husband. The parties aoknowledge their are
no liens against this vehicle.
(0) The 1984 Monte Carlo SS shall beoome the sole and
exolusive property of Husband. The parties acknowledge their are
no liens against this vehicle.
(d) The 1989 Pace Amerioan enolosed trailer shall beoome the
aole and exclusive property of Husband. The parties aoknowledge
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their are no lien. agllinst this vehiole,
(e) The parties agree that they will exeoute any neoea.4ry
dooument. to otteotuate the transter of the automobile., it
neoe..ary.
6. D~BTS
The partie. acknowledge that in Ilddition to the mort9age
reterred to in Pllragraph 3 and the car loan reterred to in
Paragraph 5 above, they are also jointly obligated on the
following debt81
a. pNC Bu.ine88 Loan Acct. *40-01-0611072396 in the
approximate amount ot 21,165.00 held by PNC Bank,
b. Fulton Bllnk Line of credit Acct. *251908680 in the
approximate amount of $1500.001
c. Colonilll National Acct. *4071296271186926 in tho
a~proxlmate amount of $2,470.00,
d. Core.tate. Acct. *01-8113067-5 in the approximate amount
ot $1,897.00'
e. A.T. , T. Acot. *4783800020535855 in the Ilpproximate
amount of $451.00,
f. Good. Furniture in the approximate amount ot $2,827.00,
9. Medical Bills in the approximate amount of $3,530.00
Wite acknowledges that she is ourrently in the prooea. ot
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retinancinq the PNC Business Loan Account 1l10ng with the
oar/truok loan refs~red to in paragraph ~ herein which will be
recorded as a second mortgage against the real estllts. Hu.bllnd
agre.s, if neoessllry, to sign any documents to reoord the loan a.
a aecond mortgage against the marital residence and wite aqree.
therearter to be solely responeible for the payment or the .econd
mortgage, to indemnify Huebllnd from any liability by reaaon of
her detault in the payment thereof and to save Husband from any
tuture lillbility with regard thereto.
wite ohall aseume rull and complete responsibility tor the
Fulton Bank Line ot credit debt, the A.T. & T. debt, the Good'.
Furniture debt and the Mediclll Bill debt and agreee to indemnity
Hueband from any liability by reason of her default in the
paym.nt thereof and agrees to save Husband from any future
liability with regard thereto.
Hu.band ahall assume full and oomplete responsibility tor
the COlonial Nlltional Aooount and Corestates Aooount and aqree.
to indemnify Wife from any liability by reason ot hi. default in
the payment thereof and agrees to save Wife from Ilny future
liability with regard thereto.
7. BUSINESS (ACADEMV ARTWORKS. I~
Th. parti.. aoknowledge that Wite currently has a thirty
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(30') p_rcent intere.t in Academy Artwor~., Ino. wire aqree.
that in eH~hange for Husband's relinquishing any and 1111 intere.t
he may have in 81lid business under the Pennsylvania Divoroe Code
ot 1980, a. amended, she will thereafter be eolely reeponeible
tor any and all debts relative to said business and agree. to
indemnify Husband from any lose by reason of her detault in any
paymenta relating to .aid business and agree. too hold Hu.band
harmless from any tuture liability with regard thereto I however,
HUlband is not jointly obligated on Ilny existing debt of Aoademy
Arwor~., Ino. Husband agrees to sign Ilny and all document. if
nece.eary in order to effectuate his relinquishment of any
interest he may have in said business pursuant to the Divorce
.
Code.
8. MEDICA~ PARTNERSHIP LITIGATION
The partie. ac~nowledge that they are presently involved in
litigation regarding the Paramount Medical Partner.hip. The
partie. agree that if a settlement i. reached in thi. matter,
they ehall divide equally any prooeeds or liability as a reault
of such settlement. Also, if there are any tees or c08ts
generated by the litigation, they would agree to share them
equally, a8 well 118 any responsibility for. liability.
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9. T~X R~fVND/CREDIT
The partiea acknowledge that they have filed joint looal,
state and federlll income tax returns for 1994. The partie.,
aoknowledge that after reimbursement to Wife of the amounta ahe
paid for tllxing owing and the bookkeeper Ilnd accountant'. bill,
the remainder of the funds shall be equally divided between the
parties.
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10. LIF~ INSU~
The pllrtiea Ilcknowledge thllt they each own an insurance
pOlioy with security Mutual Insurance company. The partie. agree
that they shall each retain ownership of their re.pective life
insurance policY and each party waive. any olaim. he/ahe may have
for any ownership rights in the other's poliCY.
11. BANK ACCOUNTS
The partie. agree that they shllll each retain any funda
contained in their respective bank accounts and eaoh party waive.
any claim he/she may have for the funds in 81lid account..
12. LEGAL FEES
Both partie. .hall be responsible for the payment of the
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fee. owed to their own attorney. Husbllnd and Wife do hereby
wlliv., release and give up any rights whioh they mllY respectively
have against the other for payment of oounsel fees.
13. OTHER WRITINGS
Ellch ot the Parties hereto agree to execute any and all
documents, doeds, bills of Bille or other writings neoee..rytq
carry out the intent of this Agreement.
14. FURTHER DEBT
Wife ehall not contraot or incur any debt or liability tor
which Husband or his property or estate might be re~ponsible and
ehall indemnity and save harmless Husband trom any Ilnd all claim.
or demllnds made against Husband by reason of debts or obligatione
incurred by Wife.
15. FURTHER DEBT
Hueband shall not contact or incur any debt or liability for
which Wife or her proparty or estate might be responsible and
shllll indemnify and save harmless Wife from any and all claima or
demands made against Wife by reason of debts or obligation.
incurred by Husband.
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16. MUTUAL RELEASE
Except as otherwise provided herein and so long 08 this
Agreement is not modified or canoe led by SUbsequent agreement,
the parties hereby release and discharge absolutely and forever
each other from any and all rights, olaims and demands, past,
present and future specifically from the followingl spousal
support from the other, alimony, alimony pendente lite, division
of property, clllims or rights of dower and right to live in the
marital home, right to act as executor or Ildministrator in the
other's estate, right~ as devisee or legatee in the Last Will and
Te.tament of the other, any claim or right as benefioiary in any
life insurance policy of the other, any claim or right in the
distributive share or intestate share of the other partie.'
estate.
17. ENTRY AS P^RT OF DECREe
It is the intention of the pllrties that this Agreement i.
predicated on a mutual consent divorce of the partie.. Each party
shllll execute an Affidavit of Consent upon the expiration of the
ninety (90) day waiting period. This Agreement shall survive any
action for divoroe which may be instituted or prosecuted by
either party and no order, judgment or decree of divorc.
(temporary, interlocutory, final or permanent) shall affect or
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21. fVL~ DJSCLOSUR~
Eaoh party Il..ert. that she or her has made a full and
oompletedi.olo.ure of all the real Ilnd personal property of
what.oever nature and wheresoever locllted belonging in any way to
.ach of them, of all debt. and encumbrance. incurred in ~ny
manner whateoever by eaoh of them, of 1111 souroes and amounte of
income reoeived or receivable by each party, and of ever other
faot relating in any way to the subjeot matter of thi. Agreement.
The.e disclosures are part of the consideration made by eaoh
party for entering into this Agreement.
22. QQaTS TO ENFORC~
In the event that either pllrty defaults in the performance
of any duties or obligations required by the terms of thi.
Agreement and both extra-judioial and judioial proceec11ng. are
oommenced to enforce such duty or obligations, the party foun~.to
be in default shall be liable for all expenses, including
rea.onable attorneys fees, incurred as a result of such
proceedings.
23. AGREEMENT VOLUNTARILV AND CLEARLY UNDERSTOOD
Eaoh party to this Agreement acknowledges and declare. that
he or ehe respectively:
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(1) I. tUlly and completely informed as to the tacts
r~latinq to the subject matter Ilnd their Aqreement as the riqht,
and liabilities of both p"rties,
(2) Enters into this Agreement voluntarily after receivinq
the advice of independent counsel,
(3) Has qiven c~r.ful and mature thought to the making of
this Aqreement,
(4) Hils cllretully read each provision of this Agreement,
(5) Fully Ilnd completely understands each provision of thi.
Agreement, both as to tho sUbject matter and legal Ilffect.
24. AMENDMENT OR MQPIFICATION
This Agreement may be amended O~ modified only by a written
instrument signed by both parties.
25. LAW APPLICABLE
Thia Agreement shllll be governed, construed and enforced
under the statute and case law of the Commonwealth of
Pennaylvania,
14,
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IN WITNESS WHEREOF, the pllrtiea hereto have exeouted thia
A9re.ment the day Ilnd year first written above.
WITNISSI
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PA'l'RIClA A, DERl<JIEIMF.R,
Plaintiff
IN Till CgUr.T or CCltOfON PLYM or
CUlI1I\U.AN1) COUNTY, PlNNIl'i"I.VANIA
NO, 95-411
CIVIL
19
VI.
S'l'ElPIIm J. DEro<H1:lIMER,
Deferdant
PlAICI'1 TO TftANSMlf "COlD
To the 'rothonotary.
Tren.-1t the recor~, co,echer wtr.h the follow tn, lnfor=atton, to the court
for eDcry of a 41vorce 4ecr~el
1. Ground lor ~lvorcel trretrleveble breakdoWD un~er Sectlon (201(0))
~ ot the Dtvorca Co~e. (Strtke out lnappllcebla aectlon.)
2. Dete eu _er of .erv1ce of the COlIplatntl Personal Service on February 4,
1995, Amended Complaint-Certified Mail on August 16, 1995
J. (Cosplata.etther parelreph ea) or (b) .)
(a) Date of UlIcutlon of the dUdant of IlOn..nt requlred by SecUon
201(0) of the Dlvorce Cod,.. by the pll1Dtlff September 1, 1995
by 4,f,adallt Sept:.enber 17, 1995
(b) (1) Dete of eaecutlo11 of the p1a1Dtlff'a afftdavtt raqutfad by
,,.t1011 201(d) of the D1yorce Codal
(2) dace of ""lc, of eM pLa1nUlf'a afficla171t UpOIl the 4afelldllltl
4. Waced cLaw pll1d1nI'
l>nlE
I~ri K. Serratelll,
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Atcom~ ~or ('1,U.ot1l1)
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P~TIUC:EA A. 111UOI11MIR, I IN THI COURT 0' CONNON PLIAI or
PldnUtf I CUMIERLAND COUNTY, PINNIY~VANIA
I No.1j '/1/ o -i.lJ-l(. 0/.)1",,-.-
VI I
I CIVI~ ACTION - LAW
S'1'IPHIN J. IIRICHIIMIR, I
Defendant I IN DIVORCI
NOTlel TO DI'mfD AND CLAIM RIORTS
You have been .ued in eourt. If you w1.h to defend ava1nat
the alai.. .et forth in tha fOllow1nq pave., you .u.t take pro.pt
action. You are warned that if you tail to do .0, tha ca.. .ay
proaeed without you and a decree of divorce or annul.ent .ay be
enter.d ava1n.t you by the court. A jUdrent .ay al.o be entered
aga1n.t ~ou for any other cla1. or rei1e reque.ted in tha..
paper. by the plaintiff. You .ay lo.e .oney or property or other
right. i.portent to you, including cu.tody or vi.1tation of your
ahildnn.
When the ground for the divorce i. indivn1tie. oZ'
irretrievable breakdown of the .arriave, you .ay raqu..t .arriag.
aoun..l1ng. A li.t of .arriave eoun.elora 1. ava11abl. in the
Office of tha Prothonotary at
~~I~0~~~1~URTH9USI. 1 COURTHOUSI SOUAR., CARLISLI.
I' YOU DO NOT WIIH TO rILl A CLAIM rOR ALIMONY, DIVIIION or
PROPERTY, LAWYIR'8 rill OR IXPIN818 81roll A DIVORCI OR ANNULNINT
IS GRANTID, YOU NAY LOSI THI RIGHT TO CLAIM ANY or THIM.
YOUR SHOULD TAlCI THIS PAPIa TO YOUR LAWYlR AT ONCI. xr YOU
DO NOT HAVI A LAWYIR OR CANNOT Arroan ONI, GO TO. OR TI~IPHO"I THI
orncI SIT rORTH IILOW TO rIND OUT WHIRl YOU CM OIT LIGA~ HILP.
COURT ADMINISTRATOR, 4TH FLOOR
CUMBIRLAND COUNTY COURTHOUSI
1 COURTHOUSI 8QUAlI
CARLIS~', PINNSYLVMIA 17013
TILIPHONII 240-6200
.',
PATRICIA A. IUJCJtIIIIIR I IN THI COURT 0' CONNON 'LIlA' 0'
'laintiff I CUIIIIRLAND COUNTY, 'IIfNIYLVANIA
I NO. (I'i 'III C. it."
VI I .tJ.~ .1 ( .,~~
I CIVIL ACTION - LAW
.TIPRIM J. IIRIOIIIIIU, I
Defendant I IN DIVORCI
COMPLAINT
AND NOW COlliS the above-na.ed Plaintiff, by Lori ~.
Sarratelli, l.quiZ'e and the law fi~ of .....'ILLI, .all'....
AID 1101I, ..a., and .eek. to obtain a Decra. in Divorc. fro. the
above-na.ed Defendant, upon the 9round. h.reinafter aor. fully
.et forthl
CDDII'I I
1. plaintiff i. patricia A. I.rkhei.er, who curr.ntly
re.ide. in New cuaberland, au.berland County, Penn.ylvania .inc.
Decellber 1994.
2. Defendant i. stephen J. Berkh.iaer, who curr.ntly
re.ide. at 2 Tiffany Drive, carli.le, au.berland county,
Pann.ylvania ainc. 19.9.
3. Plaintiff ha. been a bona rida re.ident in the
Commonwealth for at lea at .ix .onth. i..ediately previou. to tha
filin9 of thi. co.plaint.
4. The Plaintiff and Dafendant were .arried on Septe.ber
20, 19.6 in cuaberland County, Penn.ylvania.
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'ATaXCIA A. IlallIIx.a, IN THE COURT OF COMMON PLEAS
Plaintitf CUMBERI~O COUNTY, PENNSYLVANIA
V. NO. 95-411 civil Term
ITI'KIN J. l.allIIx.a, CIVIL ACTION - LAW
Derendant : IN DIVORCE
AM~NDED qOMPLAINT IN DIVORCE
AND NOW COMES the Ilbove named Plaintitt by Lori ~. Serratelli
and the law firm ot SERRATELLI, SCHIFFMAN , BROWN and s.eks to
obtain Il Decree in Divorce from the Ilbove named Oetendant, upon the
qrounds hereinatter more eully set forth:
COUNT I
1. plllintitt is Patricia A. Berkheimer, who currently reside.
in New cumb.rland, cumberland county, Pennsylvllnia .i.,oe December
1994.
2. Oetendant i. Stephen J. Berkheimer, who currently reside.
at 2 Tittany Drive, carlisle, Cumberland county, Pennsylvania .ince
1989.
3. Plaintitt has been a bona fide resident in the commonwealth
tor at least six months immediately previous to the tilinq of thi.
Complaint.
4. The Plllintitt Ilnd Oetendant were marrled on September 20,
1986 in Cumberland county, Pennsylvania.
5. There have been no prior actions ot divoroe or tor
annulment between ths parties.
6. The marriaqe is irretrlevobly broken.
7. The Detendant is not a member ot the Armed Servioes ot the
united state. or any of it. Allie..
WHEREFORE, the Plaintiff prllYs your Honorable Court to enter
a Decree in Divorce from the bonds of matrimony.
COUNT II
10. Paraqraphs one throuqh nine are incorporated by reterence
herein.
11. The Plaintiff avers as the qrounds on which this Ilction is
based is that the Defendant has offered such indiqnities to the
Plllintiff, the innocent and injured spouse, as to render her
condition intolerable and life burdensome.
12. This action in divorce is not collusive.
WHEREFORE, the Plaintiff prays your Honorable Court to entar
a Decree in Divorce from the bonds of matrimony.
COUNT III
13. paraqraphs one throuqh nine are incorporated by reterence
herein.
14. Plaintift states that the Plaintiff and Defendant po.....
various items of both real and personal maritlll property which i.
.ubject to equitable distribution by the Court.
WHEREFORE, Plaintiff requests that this Courtl
(a) Equitably distribute all property, personal and real own.d
by the parties,
~
I verity that the statements made in this Amended Complaint
are true and correot. I understand that false statements herein are
m~de subjeot to the penalties of 18 Po.C.S. Seotion 4904 relatinq
to unsworn falsifioation to authorities.
Dated I
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PRIO""rv ONI 'AnORNIYI' MIII.NOIR 8ERVltB
.I...ph P. .lOhn.on, Own.,
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HI"llbU'JI'A 11'01'0414
(71 , 207.1380
PROOF OF ItRVICt
0"01" NO.
, SERRATI...LI SCIII FFMAN GOLDBERG
AND BROWN
2q40 LINO...ISTOWN ROAD
SUln: 10.
HARRISBURG, PA ~T110-9483
DATI IlICI1VED
DA'U WlIlOlllO
SERVllD BY I
DOCUMENTS I
SUMMONS/COMPLAINT
IN DIVORCE ACTION
WITNESS rEEl
CASE NO.
9~-411 CIVIL ACTION
CUMBERLAND GOUNTY
'LAIll'rlFF
PATRICIA A BERKHEIMER
-VI-
DlFaNDAlIT
STEPHEN J BERKHEIMER
10 IE SERVED I
STEPHEN J BERKHEIMER
2 TIFFANY DRI,'#E
CAR...lSLE, PA
ACCEPTED BYI
STEPHEN J BERKHEIM~R
2 TIFFANY DRIVE
CARLISLE, PA
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'lB. 4, U 10110 AM JOSEPH F. JOHNSON
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S!RVICE OF AMENDED COMPLAINT IN DIVORCE
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'AT.IOIA A. .I.KKIIN..,
Plaintiff
vs.
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
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I NO. 95-411 Civil Term
I
I CIVIL ACTION - LAW
I
I IN DIVORCE
.TI'HIH ~. BI.IHIINI.,
I verity that the statements made in this affidavit are
oorreot. I understand that false statemin s herein are
subject to the penalti~a of 18 Pa. C.S. S . 4904 reln
unsworn falsification to authorities. ! 2"
q , -7 ' 'LC; /
DATED 8
(l)
(2)
<U
(4)
Defendant
AFFIDAVIT OF CQNSENT
A Complaint in Divoroe under Seotion 3301(0)
of the Divoroe Code was filed 011 January 25, 1995.
The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed trom the date of
filing the complaint.
I oonsent to the entry of a final decree of divoroe.
I understand that if a claim for alimony, alimony pendente
lite, marital property or counsel tees or expense. has not
been filed with the Court before the entry of a final deoree
in divoroe, the right to claim any of them will be lost.
rue and
ade
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