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IN THE COURT OF COMMON
PLEAS
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CUMBERLAND
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COUNTY
STATE OF
PENNA.
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DECREE IN
DIVORCE
AND NOW, .. ..~.... ,"}!. .... .." 19.. ~L.
it is ordered and
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decreed that.""" ,," ", ~~q<, k.. !'IM~il,E)t""."" , , '.,. ,", , .. plaintiff,
and, , .. , .. .. , .. . .. .. , .. . .. .. ..~~Il~IlIl~ '~'''I'!~~~~IL. , , , .. , .. .. ., defendant,
are divorced from the bonds of matrimony. The Marital Settlement Agreement
dated May 23. 1995 is incorporated herein, but not merged,
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 enteWM
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made, executed and delivered on this .J3M, day
of May, 1995, by and between JAC'!( L. WARNER of Mechanicsburg,
Pennsylvania, hereinafter referred to as "HUSBAND", and MAUREEN A.
WARNER of Mechanicsburg, Pennsylvania, hereinafter referred to as
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WIT N E SSE T H:
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WHEREAS, the parties hereto were married on June 28, Y974 in
Hartford, connecticut; and
WHEREAS, two children were born of this marriage, namely
ALLISON MAUREEN WARNER born on February 9, 1981 and MATTHEW WILLIAM
WARNER born on May 17, 1984; and
WHEREAS,
diverse unhappy differences,
disputes,
and
difficulties have arisen between the parties and it is therefore
their intention to live separate and apart for the rest of their
lives and to settle fully and finally their financial and property
rights and obligations between each other; and
WHEREAS, both HUSBAND and WIFE fully understand all of the
terms, conditions and provisions of this agreement and believe it
to be fair, just, adequate and reasonable as to each of them and
.
both HUSBAND and WIFE both freely and voluntarily accept such
terms/ conditions and provisions;
NOW THEREFORE, in consideration of the covenants and promises
hereinafter to be kept and performed by each party and intending to
be legally bound hereby, the parties do hereby agree as follows:
1. ADVICE OF COUNSEL
Both parties acknowledge that they have been afforded the
opportunity to consult with an attorney of their choice prior to
signing this Agreement. HUSBAND is represented by Debra A.
Denison, Esquire. WIFE is represented by Gerald Shekletski,
Esquire.
Each party acknowledges that this Agreement is being entered
into freely and voluntarily and that it is not the result of
duress, undue influence or collusion.
2. SUBSE~UENT DIVORCE
An action seeking the dissolution of the marriage is pending
in the Cumberland County Court of common Pleas and bears docket
number 95-442. HUSBAND and WIFE agree to execute affidavits of
consent to this divorce at the time of settlement.
2
.
3. EFFECTIVE DATE
This Agreement shall be effective on the date above first
written if both parties sign on the same date: otherwise, it shall
become effective upon the signing by the last party to do so.
4. WARRANTY OF DISCLOSURE
The parties acknowledge that they are aware of their
respective rights pursuant to the pennsylvania Divorce Code to
obtain full disclosure of all marital and non-marital assets, as
defined by the Pennsylvania Divorce Code.
Both par.-ties hereby
waive their right to receive full and complete disclosure and
having freely and voluntarily waived such disclosure, acknowledge
that this Agreement is fair and equitable and is not the result of
,
any fraud, coercion, duress, undue influence of collusion. Such a
waiver of disclosure is made by both parties in order to expedite
this matter.
5. DEBTS AND OBLIGATIONS
Each of the parties hereto covenants and agrees that he or she
has not in the past and will not at any time in the future incur or
contract any debt, charge or liability for which their legal
representatives or other property or estate may become liable.
Each of them further covenants at all times to keep the other free,
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harmless and indemnified of and from all debts, charges and
liabilities hereafter or heretofore contracted by them except as
hereinafter provided.
WIFE is a personal guarantor on a Note held by John H. Myers
for Lot 12 on the Peninsula in Silver Spring Township. At the time
of settlement, HUSBAND shall deliver a release of WIFE from her
guarantor status.
In exchange for full ownership of the 1994 Chevrolet custom
mini-van, WIFE hereby agrees to assume the outstanding loan at
Dauphin Deposit Bank. Said loan is a second mortgage which is the
,
sole responsibility of WIFE.
HUSBAND shall make, execute and
deliver all documents necessary to transfer title in the van to
WIFE prior to the issuance of a divorce decree.
HUSBAND and WIFE have a joint debt with PNC..of Ohio for the
purchase of a 1994 S10 Chevrolet Truck.
The approximate loan
amount is $11,000.00. ItUSBAND shall assume the loan and retain
sole right to said truck.
In addition, both parties agree to hold harmless and indemnify
the other in the event they are unable to fulfill the above
outlined obligations.
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6. REAL PROPERTY
It is understood and agreed that the parties are the joint
owners of certain real estate located at 3811 Claverton Road,
Mechanicsburg, Cumberland County , Pennsylvania, 17055. The HUSBAND
hereby agrees to transfer his interest in said property to WIFE.
HUSBAND hereby agrees to execute all documents necessary to
transfer title to WIFE. The WIFE agrees that she will be solely
responsible to preserve and maintain the house and ground and to
pay all mortgage payments, taxes, utilities, insurance, repairs and
all other costs associated with the property as they fall due.
yurther, WIFE hereby agrees to indemnify and hold harmless
HUSBAND for any and all payments due and any and all decrease in
the value of the property attributable to WIFE's failure to make
timely and COl1'plete payments and/or her failure to repair, maintain
and preserve the property. In addition, WIFE hereby agrees to make
all reasonable efforts to remove HUSBAND from the mortgage. WIFE
hereby agrees to remove HUSBAND from the mortgage within a period
of five (5) years.
7. PERSONAL PROPERTY
The parties acknowledge that they have heretofore effected an
equitable division of all their personal property and it is
understood and agreed that each party shall retain as his or her
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sole and separate property, free and clear of any claim of the
other, all those items of personality which each now has in his or
her possession and control respectivelY without the necessity of
any documents or further assurance except as otherwise provided
herein. HUSBAND hereby agrees to remove any and all personal items
from the home no later than June 1, 1995.
8. ATTORNEY FEES, COURT COSTS
Each party shall be responsible for any attol:ney fees and
costs that he or she incurs, and both do hereby waive any and all
rights to recover such expenses from the other party.
9. PENSION. RETIREMENT AND OTHER EMPLOYEE BENEFITS
HUSBAND and WIFE acknowledge that the marital property of the
parties includes HUSBAND's 401K plan with Warner Homes and WIFE's
401K plan with Health America. HUSBAND and WIFE acknowledge that
they have been informed of their right to obtain an independent
appraisal of each other's pension and interest, and notwithstanding
the same, they hereby forever waive and relinquish any right,
interest or claim that they might have otherwise in each other's
pension interest.
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10. WARNER HOMES INCORPORATED
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WIFE hereby acknowledges her right under the Pennsylvania
Divorce Code to obtain a formal valuation and appraisal of
HUSBAND I s business. However, the parties have determined that they
will not undertake this expense and that HUSBAND shall retain as
his sole and separate property the business known as Warner Homes
Incorporated without the necessity of any documents or further
assurance.
11. CHILD CUSTODY
The parties acknowledge that it is in the best interest of
their minor children that they associate with both parents as often
as possible. The parties agree to jointly share their parental
responsibilities and duties until as far as it is practical to do
so. The parties agree to consult with each other concerning their
children's education, health and general welfare and the parties
further agree that they shall encourage their children to maintain
a close and meaningful relationship with the other parent. The
parties hereby agree that legal custody of both minor children
shall be joint in nature.
Primary physical custody of both children shall be with the
WIFE. HUSBAND shall have liberal periods of partial custody as
agreed upon by the parties.
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12. CHILD SUPPORT
HUSBAND shall pay to WIFE a sum of $800.00 per month for the
maintenance and support of the parties minor children. Said
payments are to be made on or before the 5th day of each month. It
is understood and agreed that said payments shall be adjusted
upward or downward in accordance with changes in the respected
income of the parties and the needs of their children.
WIFE hereby agrees to contribute no less than 25% of the post-
settlement equity from the sale of the marital home or $35,000,
whichever is less, to the secondary education of the children.
Said funds will be divided equally between the two (2) children and
should a child decide not to pursue a secondary education, the
funds will be released for his or her benefit at the age of 21.
These funds shall be applied to the payment of educational costs
prior to the division of the costs among the parties. Thereafter,
the parties agree to contribute to the costs of their children's
secondary education within the framework of their respective
financial situations or as required by law. Notwithstanding the
above, the parties agree to provide appropriate education~l
opportunities for their children, inclUding private school,
undergraduate, college education, extracurricular lessons and
activities. HUSBAND specificallY agrees to pay one-half (~) of
yearly private educational expenses within five (5) days of receipt
of a billing statement.
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16. INSURANCE
HUSBAND and WIFE agree to assume full responsibility for their
own individual medical and dental expenses and each agrees to
indemnify the other and hold him or her harmless for any liability
therefore. WIFE shall provide major medical and hospital insurance
coverage for the children unless the parties shall mutually agree
to the contrary. The parties further agree that they will each be
responsible for fifty percent (50%) of all uninsured or
unreimbursed medical and dental or orthodontic expenses, including
any deductible portion.
17. MUTUAL RELEASE
HUSBAND and WIFE do hereby release each other from any other
claims with respect to the marital and non-marital assets of the
parties. Additionally, each party hereby releases any interest
that he or she may have in the estate of the other.
18. MUTUAL COOPERATION
HUSBAND and WIFE shall mutually cooperate with each other in
order to carry through the terms of this Agreement, including but
not limited to, the signing of documents.
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19. AGREEMENT BINDING ON HEIRS
This Agreement constitutes the final agreement of the parties
and is binding upon their heirs, assigns and successors in
interest.
20. VOID CLAUSES
If any term, condition, clause or provision of this Agreement
shall be detennined 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 other respects
,
this Agreement shall be valid and continue in full force, effect
and operation.
21, APPLICABLE LAW
This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
22. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the
parties, and there are no representations, warranties, covenants or
undertakings other than those expressly set forth herein.
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IN WITNESS WHEREOP, the parties hereto have set their hands
and seals on the day first above written.
This Agreement is executed in duplicate, and in counterparts.
HUSBAND and WIFE acknowledge the receipt of a duly executed copy
hereof.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAfJPtll~(J.b}lher/(J'lcf
SS.
On the J?3'~ day of May, 1995, before me, a Notary public in
and for the Commonwealth of Pennsylvania, the undersigned officer,
personally appeared JACK L. WARNER, known to me (or satiSfactorily
proven) to be one of the parties executing the foregoing
instrument, and he acknowledges the foregoing instrument to be his
free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial
seal the day and year first above written.
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NotarlalSoal
Kathy 0, Endors. NotalY Publlo
Camp HIR Boro. Cumberllind Cour,ly
MyCommlsslon Explma Fab,ll.1999
Moo'l>er. AssodalIon 01 Nctlr\OS
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAfJFlIIlI tt,,~ "
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On the ~3~ day of May, 1995, before me, a Notary Public in
and for the Commonwealth of Pennsylvania, the undersigned officer,
personally appeared MAUREEN A. WARNER, known to me (or
satisfactorily proven) to be one of the parties executing the
foregoing instrument, and she acknowledges the foregoing instrument
to be her free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial
seal the day and year first above written.
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My CotlrroIssbl E>pios Ma'tt127. ~
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REAGER , ADLER, PC
BY: DEBRA A. DENISON, ESQUIRE
Attorney I.D. No. 66J78
2331 Market street
Camp Hill, PA 17011-4642
Telephone: (717) 763-1383
Attorneys for Plaintiff
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plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
JACK L. WARNER,
v.
NO. 95-442 Civil Term
MAUREEN A. WARNER,
Defendant
DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the fOllowing information,
to the court for entry of an appropriate divorce decree:
1. Ground for divorce: Irretrievable breakdown under
seotion 3301(C) of the Divorue Code.
2. Date and manner of service of complaint: The Complaint
was filed on January 27, 1995 and was served on Gerald J.
Shekletski, counsel for Maureen A. Warner, on January 31, 1995.
The Affidavit of Service is attached.
3. Date of execution of the affidavit of consent required by
section 3301(c) of the Divorce Code: by Plaintiff May 24, 19951 by
Defendant May 23, 1995.
4. Related Economic Claims Pending: There are no economio
olaims pending as the distribution of all personal and real
property has been settled by agreement of the parties.
Respectfully submitted,
REAGER , ADLER, PC
Date: May 24, 1995
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ED EN ON, ESQUIRE
REAGER , ADLER, PC
BYl DEBRA A. DENISON, ESQUIRE
Attorney I.D. No. 66378
2331 Market street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for plaintiff
JACK WARNER,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. ,,<; - Y 'I <.., Cu.~ -r;.-..
MAUREEN WARNER,
:
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Defendant
:
DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
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.
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, Room 101, Dauphin County Courthouse,
Front and Market streets, Harrisburg, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER I 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.
Cumberland County Lawyer Referral Service
Cumberland County Courthouse
Court Administrator
4th Floor
Carlisle, PA 17013
(717) 240-6200
REAGER , ADLER, ,PC
BYI DEBRA A. DENISON, ESQUIRE
Attorney I.D. No. 66378
2331 Market street
Camp Hill, PA 17011-4642
Telephone: (717) 763-1383
Attorneys for Plaintiff
JACK WARNER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY I PENNSYLVANIA
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NO. 'I ~. 'I '/;L L-4/t-< 1-'.<--.....
MAUREEN WARNER,
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Defendant
DIVORCE
COMPLAINT IN DIVORCE
UNDER SECTION 3301CC) OR CD) OF THE DIVORCE CODE
1. Plaintiff io Jack Warner who currently resides at P.O.
Box 951, Camp Hill, Cumberland County, Pennsylvania, 17011.
2. Defendant is Maureen Warner who currently resides at 3811
Claverton Road, Mechanicsburq, Cumberland County, Pennsyl vania,
17055,
3. Plaintiff and Defendant have been bona fide residents in
the Commonwealth for at least six (6) months immediately prior to
the filing of this Complaint.
4. The Plaintiff and Defendant were married on June 28, 1974
in Hartford, connecticut.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. Neither Plaintiff nor Defendant is in the military or
naval service of the United states or its allies within the
provisions of the Soldiers' & sailors' civil Relief Act of the
congress of 1940 and its amendments.
,7. The marriage is irretrievably broken.
8. Plaintiff and Defendant have been advised that counseling
is available and that they may have the right to request that the
court require the parties to participate in counseling.
9. After ninety (90) days have elapsed from the date of the
filing of this Complaint, Plaintiff intends to file an Affidavit
consenting to a divorce. Plaintiff believes that Defendant may
also file such an affidavit.
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10. In the alternative, after the parties have lived separate
and apart for a period of two (2) years, Plaintiff will file an
affidavit consenting to divorce.
WHEREFORE, Plaintiff respectfully requests the Court to enter
a decree of divorce pursuant to Section 3301 (c) or (d) of the
Divorce Code.
COUNT I
EOOITABLE DISTRIBUTION
10. Paragraph one (1) through nine (9) are incorporated
herein as if fully set forth.
11. Plaintiff and Defl;mdant have acquired both real and
personal property during the course of their marriage.
12. Plaintiff and Defendant acquired non-marital property
which has increased in value during the course of the marriage.
13. Plaintiff and Defendant have acquired marital debt during
the course of this marriage.
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14. Plaintiff and Defendant have been unable to agree as to
an equitable division of said property and debt as of the date of
the filing of the complaint.
WHEREFORE, Plaintiff requests this Honorable Court to
equitably divide all marital property and debt.
Respectfully submitted,
REAGER Ii ADLER, PC
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Datel January 27, 1995
BYI
ESQUIRE
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VERIFICl\TION
I, Jack Warner, verify that the statements made in this
complaint are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.e,S. section
4904, relating to unsworn falsification to authorities.
Date: January 25, 1995
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REAGER & ADLER, PC
BY: DEBRA A. DENISON, ESQUIRE
Attorney I.D. No. 66378
2331 Market street
Camp Hill, PA 17011-4642
Telephone: (717) 763-1383
Attorneys for Plaintiff
JACK WARNER,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
Plaintiff
v.
NO. 95-442 civil Term
:
MAUREEN WARNER,
Defendant
DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 3301(c) or (d) of
the Divorce Code was filed on January 27, 1995.
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 of divorce.
4. 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.
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REAGER , ADLER, PC
BY: DEBRA A. DENISON, ESQUIRE
Attorney I.D. No. 66378
2331 Market street
camp Hill, PA 17011-4642
Telephone: (717) 763-1383
Attorneys for Plaintiff
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Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
JACK ~IARNER,
v.
NO. 95-442 civil Term
MAUREEN WARNER,
Defendant
DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 3301(c) or (d) of
the Divorce Code was filed on January 27, 1995.
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 of divorce.
4. 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.
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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.
Dated: 5"/;3/9.5'
,a~bu:.&f(__a'/~l.AwJ
ureen Warner, a/k/n
Maureen A. Warner
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REAGER , ADLER, PC
BY: DEBRA A. DENISON, ESQUIRE
Attorney 1.0. No. 66378
2331 Market street
Camp Hill, PA 17011-4642
Telephone: (717) 763-1383
Attorneys for Plaintiff
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JACI<IWARNEn,
: III THE COURT OF COMMON PLEAS
: ctw.BERU,ND COUNTY, PENNSYLVANIA
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plaintiff
v.
NO. 95-442 civil Term
/I.
MAUREEN/WARNER,
Defendant
DIVORCE
ACCEPTANCE OF SERVICE
: A.
On behalf of my client, Maureen /Warner, I hereby accept
service and acknowledge receipt of the above captioned Complaint in
Divorce, having received said Complaint at the offices of stone
La Faver & stone, 414 Bridge street, New Cumberland, Pennsylvania,
~tU'-)..
17070, on the .51Jf" day of ~o,,_.,~, 1995.
L{y4 /~<~
~ Gerald Shekletsk, Esquire
Supreme Court 1.0. No. 40486
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