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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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STATE OF ~~ PENNA.
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CHERYL ANN GORDON,
Plaintiff
CIVIL II} 95
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EBER JACOB GORDON,
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Defendant
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DECREE IN
DIVORCE
\v.w.", ,1.~" ",', 19'1-:b, it is ordered and
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AND NOW,
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decreed that
and
, . CJlEIWL, ,ANN, CORDON, , , '
EBER JACOB GORDON
, , " plaintiff,
, " defendant,
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are divorced from the bor.ds 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; tJ~
The Sepa,a t ion ancj P1:o~rty Settl~ntAg,oorent ,dated May 21, 1996.,
is attached hereto and is hereby incorporated into this ~ree.
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CHERYL ANN GORDON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-4972 CIVIL TERM
EBER JACOB GORDON,
Defendant
: IN DIVORCE
MARITAL SEPARATION AGREEMENT
THIS AGREEMENT is made this ~ day of 1/1, p. r-' 1996, by and between
CHERYL ANN GORDON (hereinafter rderred to as "Wife") and EBEIt JACOB GORDON
(hereinafter referred to as "Husband").
WIIEItEAS, the parties were married on August 31, 1972, in Carlisle, CUlllberland County,
Pennsylvania, and have since that time been wife and husband, and bave been separated since June
of 1994; and
WHEREAS,th"re is one child born of this marriage, JESSICA ELIZABETH GORDON, born
May 5, 1980, presently age 16; and
WHEREAS, the partk'S acknowledge that an aClion for divorce belween them has been filed
by Wife and is pending inlhe Court of COllllllon Pleas, Cumberland County, Pennsylvania, Gordon
t'. Gordon, No. 95.4972 Civil Tenn - In Divorce; and
WIIEIlEAS, it is the desire of the parties, after careful consideration, to adjust amicably,
compromise and sell I" all property rights in, to or against each other's property or Estate including
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all property hcrctoforc or subsc(luently lIcquircd by cither party, and to MImic all disputes cxisting
bctween thcm, including any and all claims for cquitablc dislribulion of mllritlll propcrty and for
spousal maintenance and/or support, alimony, counscl fces and costs; and
WHEREAS, Wifc is rcpresentcd by legal counscl and husbsnd chooscs not to be rcprcsented
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by independent Icgal counscl,
NOW, THEREFORE, the partics hcrcto, intcnding to be Icgally bound hcreby, do covcnant
and agree as follows:
1. VOLUNTARY AGREEMENTI TIlc parties acknowledge and agrcc lhat this
Agreement is entered into voluntarily and aftcr due dcliberation by each of them.
2. DIVORCE ACTIONI Thc parties acknowlcdge their intention that the action for
divorce bctween them will bc finalizcd upon their mutual conscnt to thc entry of a final decree in
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divorce on the grounds thattbeir marriage is irretrievably broken, and that all the claims which have
been or might be raised by either party in the divorce action will be sellled in accordance with the
tenns of this Marital Selllement Agreement. TIle parties acknowledge that they have executed
simullaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree
on such terDIs.
3. SURVIVAL OF AGREEMENTl TIlis Agreement and all warranlies and
representations herein shall survive auy divorce procLoedings between the parties or any Divorce
Decree which may be enlered and shall continue to be enforceable in accordance with its tenns.
Exccpt as otherwise set forth herein, no Court lIIay change the tenns of this Agreement, and it shall
be binding and conclusive upon the parties as though entered as in a final Order of Court resolving
all economic issues between the parties in a divorce action, An action may be brought at law, in
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cquity or pursuanl to the provi~ions of the Divorce Code 10 cnforcc this Agrccmcnl by eithcr
Husband or Wife, In the event of a reconeililllion, or nllcmptcd reconciliation of thc partics aftcr
thc datc hereof, this Agrccmcnl shall rcmain in full forcc and effcct in thc abscncc of a wrillen
Agreement signed by thc parties eXllressly stating Ihat this Agrccmcnt has been revoked or modified.
No Court may change the tenns of this Agrccmcnt, cxccpt as may hcrein othcrwisc bc cxpressly
providcd.
4. REAl. PROPEHTYI
a. TIlc partics acknowledgc that they are the Owners and Mortgagors on a home
which is located at 338 Old Stonehouse Road, Boiling Springs, Pennsylvania. In considcration of
the tenns sel forth in this Agreement, and in further consideration as sct forth within this paragraph,
thc parties agree as follows, with respcctto this property. Husband may continue to reside in the
property, providing he makes all mortgage, tax, insurance, utility, and any olher required paymenls
on the home, as these bills come due.
b. Husband agrees lhat within ninety (90) days of the execution of this Agreement,
he will obtain financing for this home, with a mortgage in his own name, and with the satisfaction
of any current mortgagc or debt on this home.
c. Husband further agrees that upon refinancing, hc will pay to Wife one-fourth
the equity in said home, in connection with the selllement on the refinancing. The equity shall be
calculated as the difference betwccnthe appraised value of the home, less the amount owing on the
current mortgage, as of the date of selllcmcnl. TIle appraiscd value shall be that dClcnnined by an
indeJlCndent appraisal conductLod by Stephen Barrell. TIle partiCll shall share the COllt of appraisal.
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d. Within four ycaOl fromlhc datc of cxcculion of lhis agrccmcnl, but no laler than
the fourth annive1'8ary of this agrcement, Husband agrcesto )Iay to Wife an addilionul one. fourth the
equity in said borne, as detennined ahovc, logethcr wilh inlcresl on said onc-fourth paymenl,
accruing 01 thc annual role of eighl percenl (8%).
c. Conlingcnt upon thc abovc conditions, lhc partics agree Ihal Husband will
cxecule a mortgage to Wife, sccuring her interesl in thc Iwo one.fourth payments, and providing lhat
should Husband default in cithcr paymenl, the homc would be !IOld to salisfy Ihe Icnns of this
agrecmenl. TIIC parties agrcc that this mortgage will be second in priority to any mortgagc which
Husband secures in conneclion with his rcfinancing. TIlis mortgage is being cxecuted althe same
lime as this Agreement.
f. Contingent upon the above conditions, the Pllrties agree that Wife is executing
at the same lime as this Agreement, a deed to Husband, trllnsferring any and all of her interest in
the home (other than that protecled by the mortgage) 10 Husband.
5. COLLEGE AGE SUPPORT, TIle parties agree Ihat they will pay 50% of the
college related costs incurred by JESSICA ELIZABETH GORDON for the purpose of allending
an institution of higher educalion, and tbatlhey will do so for up 10 a period of five YC01'8 following
her poSI secondary education, These cosls are to include tuition, room and boon!, books, regislration
and other relaled fees, and aclualliving cosls incurrl'tl during the period of lime and in connection
with JESSICA ELlZADETII GORDON'S pU1'8uit of higher loducation, nlis obligalion will
tenninale upon five YC01'8 from her dale of gradualiou from high school or upon her having achieved
a four year degree, whichever would come fiOlI.
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6. MOTon VEIIICLES AND J>EIISONAL .)II01)EIITY:
TIle parties each currcntly own a vehicle ond each possesses ilcms of personal
property. TIle parties agree Ihot each OSBUmL'lI full owncrship of any vchicles and pcrsonol property
now in his or her possession and that eoch will exceule any and all documents nceessary 10
effectuate any transfers of interest to renccl Ihis status.
7. DEBTS OF TilE .)ARTIESI TIlc parties agrcc Ihot coch is to assume full
respollllibility for any debls currently in his or her uame, with Ihe exception of the mortgoge slatus
diseusscd above.
8. EXECUTION OF DOCUMENTS. Each of the parties shall, from time to time 01
the request of each other, execute, acknowledge and deliver to the other party any and all further
instruments that may reasonably be required in order to give full force and effect to the provisions
of this Agreement.
9. COUNSEL FEESI Each party agrees to be individually I'C11ponsible for all court
costs, filing fees, allorneys fees and other costs and expensCll he or she may have incurred in
connection with the divorce aetion between the parties, the support action belwccn the parties and
the preparation of this Agreement,
10. MUTUAL RELEASE. Except os provided for in this Agreement, the parties herehy
remise, release, Iluit-c1aim and forever discharge eoeh olher olld the estate of each other, for all time
to eome, and for all purl'OIlCll wholsoever, from any and every claim, includinll alimony, alimony
pendenle lite, equitable distribution of marital property, eouusel feetl or costs under the Divorce
Hefonn Act or spousal SUI)port, excepting only such righls of inheritance or olher claims that they
may make or hereafter make in and to or ollainst each other's estatell or any parts Ihen'Uf, by way
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or dower or curtesy, or under Ihe inteslnle Inws, or the right 10 Inke or e1eel ngninsl the olher's will,
except as cxpressly limited by the tenns of this Agrecmcnt.
II. NON.W AIVEUI TIle failurc of eilhcr pnrty to insist in nny one or more instances
upon thc strict performance of any of lhc tenns hereof in this Agrccmcnt shall not be construcd as
a waivcr or relinquishmenl of such lenn or lenus in Ihe fulure.
12. BREACIII In the event that eilher party breaches any provision of this Agreement,
he or she shall be responsible for any and all costs incurred to enforce lhe Agreement, ineluding,
but not limited 10, court cosls and counsel fees of the olher party. In Ihe event of breach, the other
party shall have the right, at his or her election, to sue for damages for such breach or to seek such
other and additional remedies as may be available to him or her.
13. ENFORCEMENTI The parties agree that the tenus of Ihis Agreement may be
entered as an Order of Court, and thai any part or parts hereof may be enforced in any court of
competent jurisdiction.
14. FURTIIER ACTS OF TilE PARTlESI TIle parties agree that they will take such
acts or execute such documenls as are necessary to effectuate the ternls of this Agreement.
15. APPLICABLE I..AW AND EXECUTI0NI TIle parties herelo agree that this
Agreement shall be constroed under the law. of the Commonwealth of Pennsylvania, and shall bind
the parties hereto, and their rcapt.'Ctive heirs, executors and assigns, TIlis Agreement shall be
executed as original in triplicate.
16. ENTIIlE AGUf:f:MENTI 'nle partit'll acknowledge and agree that this MARITAL
SETTLEMf~N1' AGREEMf:NT contains the entire understanding of the parties and supenlCdes
any prior agreement between Ihem. TIlere ate lW other reprcaenlations, warranties, promises,
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covcnants or undcrstanding>! belwccn lhc parties othcr thnn thosc cxprcssly set rorth hercin.
17. INCOnl'OnATION IN JUDGMENT FOn mvonc..:; Inthc cvcntthat cithcr
Husband or Wirc at any timc hcrenflcr oblain a divorcc in thc nction for divorce presenlly pending
between them. or olherwise, this MAIUTAL SETTI..EMt:NT AGnEEMENT and all of ils
provisions shall be incorporated into any such judgment ror divorcc, either dircctly or by reference.
TIle Court, on entry of judgment for divorce sholl retain lhe righllo enforce the provisions and the
temls of this MARITAL SETTLEMENT AGnEEMENT.
18. LEGAL ADVICE; Each party acknowledges lhat he and she have received or have
had the opportunity to receive independenllegal advice rrom counsel or his or her selection, and that
each hove detennined to complete this MARITAL SETTLEMENT AGREEMENT and tllllt each
fully understands the rac\s, and each has had the opportunity to be fully inronned os to his or her
legal rights and obligations. Each party acknowledges and agrees that this MARITAL
SETTLEMENT AGREEMENT is in the eircumslances, rair and equitable, and that it is being
entered into freely and voluntarily. The execution or the MARITAL SETTLEMENT
AGREEMENT is not the result of any duress or undue influence, and it is not the result or any
collusion or improper illegal agreemenl or agreements.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day
and year first above wrillen.
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("'CIIE ANN G D N
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COMMONWEALTH OF I'ENNSYLVANIA
. SS,
COUNTY OF CUMBEnI..AND
On this, thc L doy of
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, 1996, beforc mc, a Notary Public in and (or thc
afol'C8aid Conuuonwcalth and County, (lcl'llOnully u(lpcorcd CHEnYLANN GORDON knowllto mc,
or satisfoclorily provcn, to bc thc pCl'llOn whosc namc is suhscribcd to lhc within instrumcnt and
acknowlcdgcd thot shc cxccutcd thc somc for thc purposc Ihcrcin contoincd.
IN WITNESS WHEREOF, I hcreunto sct my h, an~ offi~ial s:.,oJ:. , ,
((Xi/I', '- t.4 /, ~'
NOTARY I'U C
My Commi .
NOT!\RIAL SEAL
RAYMOND J, RE$TAGNO, N,tarj Public
Hampden Township, CumbErland Couhtl
My Commission Expires Nov. 8, 1999
COMMONWEALTH OF PENNSYLVANIA
. 55.
COUNTI' OF CUMBERI..AND
On this, Ihc -L.. day of ~ }/(i J
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, 1996, bcfore mc, a Nolary Public in and for the
aforesaid Commonwealth and County, pCl'llOlIally appeared EBER JACOB GORDON, kllowllto
me, or satisfaelorily provell, 10 bc thc pcrson whose namc is subscribed to Ihc within ill8trumcnl and
acknowledged that hc cxecuted the samc for thc purposc thcrein contained.
IN WITNESS WHEREOF, I hcreunto sct my hand and official seal.
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NOT Y I.UDUC
My Commission E Ires:
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NOT.'I,rMl S::.\L
RAYMOND J. P~ST Alii:). t.' :l~ry Public
Hampden Town.ilip, CUr.1!Y.rlln.J County
My Commission Expires N~y e, 1999
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CHBRYL ANN GORDON, . IN THE COURT OF COMMON PLEAS OF
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Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
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v. . NO.
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EBBR JACOB GORDON, .
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Defendant . IN DIVORCE
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COMPLAINT UNDER SECTION 33011cl OR 33011dl
OF THE DIVORCE CODE
1, Plaintiff is Cheryl Ann Gordon, who resides at 4907
Delbrook Road, Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant is Eber Jacob Gordon, who resides at 338 Old
Stonehouse Road, Boiling Springs, Cumberland County,
Pennsylvania.
3. Plaintiff has been a bona fide resident in the
Commonwealth for at least six months immediately previous to the
filing of this Complaint.
4. The Plaintiff and Defendant were married on August 31,
1972, in Carlisle, Cumberland County, Pennsylvania.
S. There have been no prior actions of divorce or for
annulment between the parties,
6. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available
and that Plaintiff may have the right to request that the Court
require the parties to participate in counseling.
CHERYL ANN GORDON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
,
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v,
: NO.
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EBER JACOB GORDON,
Defendant
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: IN DIVORCE
WAIVER OF COUNSELING
Cheryl Ann Gordon, Plaintiff herein, hereby states and
certifies as follows:
1. I have been advised of the availability of marriage
counseling and understand that I may request that the Court
require that my spouse and I participate in counseling.
2. I understand that the Court maintains a list of marriage
counselors in the Domestic Relations Office, which list is
available to me upon request.
3. Being so advised, I do not request that the Court
require that my spouse and I participate in counseling prior to a
divorce decree being handed down by the Court.
I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S, Section 4904, relating to unsworn
falsification to authorities.
Dated: ~:l9f
~~i~;(J7?'l?J.!!),tc~01? )
CHBRYL GORDON
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r 'REc;.~IVED SEP 25 1995.
CHBRYL ANN GORDON, I IN THB COURT OF COMMON PLEAS OF
Plaintiff I CUMBBRLAND COUNTY, PBNNSYLVANIA
, <:{5 -Lfl7:J- ('I VI I term
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v. I NO.
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BBBR JACOB GORDON, ,
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Defendant . IN DIVORCB
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ACCBPTANCB OF SBRVICB
I, Bber Jacob Gordon, Defendant, accept service this date,
of the Complaint Under Section 3301(c) or 3301(d) of the Divorce
Code.
I hereby verify that the statements made in the foregoing
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
Date of Receipt of Complaint I 1/{J Jirl- q:;
Date of this Acceptancel V If ppf- q5
~flLt'l'~7Z~
C/TTOB GO{7
CHERYL ANN GORDON,
Plain tifT
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 95.4972 CIVIL TERM
V.
EBERJACOB GORDON,
Defendant
: CIVIL - ACTION
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Seetion 3301(c) of the Divorce Code was
med on September 19, 1995.
2. The marriage of plain tifT and defendant is irretrievably broken and ninety
days have elapsed from the date of filing the Complaint.
3. I consent to the entry of a fmal decree of divorce after service of notice
of intention to request entry of the decree.
I veJify 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 ...1at;Dg to uuwom foJ"",.o. to a.thori'",. ~ '
Date: . $' kfqr, ~~az ~;1/ /
, . / CHE ANN ON
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EBER JACOB GORDON,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 95.4972 CIVIL TERM
CHERYL ANN GORDON,
Plaintiff
: CIVIL - ACTION
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A eompIaint in divorce under Section 3301(c) of the Divoree Code was
med on September 19, 1995.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
days have elapsed from the date of fmng the Complaint.
3. I consent to the entry of a rmal decree of divorce after service of notice
of intention to request entry of the decree.
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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.
nato, 7j'W 1Jf!' ~~
CHERYL ANN GORDON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 95.4972 CIVIL TERM
: CIVIL - ACTION
: IN DIVORCE
V.
EBER JACOB GORDON,
Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER ~ SSOl(c) OF THE DIVORCE CODE
1. I consent to the entry of a fmal decree of divorce without notice.
2. I understand that I may lose rights eoneerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divoreed until a divorce deeree is entered
by the Court and that a copy of the decree will be sent to me immediatllly after it is
med with the prothonotary.
, I verify that the statements made in this affidavit are true and correct. I
understaDd.t.hat false statements herein are made subject to the penalties of 18 Pa.C.S.
fi 4904 relating to unsworn falsification to authorities.
i' Datp: 1.~//~~
ANN GORDON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUN'l'Y, PENNSYLVANIA
: NO, 95-4972 CIVIL TERM
V.
EBER JACOB GORDON,
Defendant
: CIVIL - ACTION
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER ~ SSOI(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights eoncerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
S. I understand that I will not be divorced until a divorce decree is entered
by the Court and that a copy of the decree will be sent to me immediately after it is
filed with the prothonotary.
'I verify that the statements made in this affidavit are true and correct. I
unde~tand that false statements herein are made subject to the penalties of 18 Pa.C.S.
'f 4904 relating to unsworn falsification to authorities.
Date:
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'PI filMY ~?JI'
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4. There are no related claims pending. An Agreement of the parties dated May
21, 1996, is to be incorporated into the Decree in Divoree.
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Respectfully submitted,
B~
JACOBSEN & MILKES
52 E. High Street
Carliele, PA 17013
(717) 249-6427
Attorney No. 30130
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
~'(hen".J AVlr\ CY\rd(w/ Ch,- _
U . Plaintiff 7-;J
Vs File No.
Eb~ r - \01' Ilb ~(don
Defendant
I~
IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/defendant in the above matter,
[select one 6y marking "x"]
_ prior to the entry of a Final Decree in Divorce,
or --X.- after the entry of a Final Decree in Divorce datedJI J () e. I:J... I " G q (p
hereby elects to resume the prior surname of ~('ll t)() \c' to ( , and gives this
written notice avowing his / her intention pursuan t the provision~ of S4 P ,S. 704.
Date: 8 -l q - 0.3 /.: / " "
Signature
e;~d ~//lhkL'))
. S' ature ofnalne being resumed
COMMONWEkLTH OF ~ENNSYL V ANIA )
COUNTI'OF~d
On the 2q'f.-dayof, ~uof ,200.1, before me, the Prothonotary or the
notary public, personally appeared the above affiant known to me to be the person whose
name is subscribed to the within document and acknowledged that he / she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand hereunto set my hand and official
seal.
of CWrlJ... q ~.)bnL/
Notary Public
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