HomeMy WebLinkAbout96-02006
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THE COURT OF COMMON
PLEAS
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OF CUMBERLAND COUNTY
":'.t.
STATE OF .t~~~
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PENNA.
LINDA J, POPE,
Plaintiff
i\ II, 911-20011
\'11 -II-
TERRY M. POPE,
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Defendant
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DECREE IN
DIVORCE
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" plaintiff,
dofendant,
AND NOW,
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decreed that
.I;.~n.Qil.J.,. PQP~
and. . . . . . .Terry ~l. .Pope .
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are divorced from the bonds of matrimony,
The court retains jurisdiction of the following claims which have
been raised of record in this oclion for which a final order has not yet
been entered;
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. All. . ma.tterll.have. .been rello.lvedpurll.uant .to. tAe . Pro.pert,y. ,Set.tJ,llment
. Agreement reached .by.the p.artiesda.t~d May. 2, .1 996.aud. .inco.r.porat:e
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but not merged into the
Decree.
Bv The._ Court: /
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provisions of this Agreemenl. Each may reside at such place or places as she or he may selecl.
Each may. for his or her separate use or beneHt. conduct, carryon and engage in any business,
occupation. profession or employment which to him or her may seem advisable, This provision
shall not be taken. however, 10 be an admission on Ihe part of either HUSBAND and WIFE of
Ihe lawfulness of the causes which led to. or resulted in, the continuation of their living apart,
HUSBAND and WIFE shall not molest, harass, or malign the olher or the respective families
of each OIher, nor compel the other 10 cohabit or dwell in any manner wilh him or her, nor in
any way interfere with the peaceful existence, separate from each olher.
3. ---nEBTS
Each party represents that they have not contracted any debt or liability for the other for
which the estate of the other party may be responsible or liable except as otherwise provided
herein. and that except only for the rights arising out of this Agreement, neither parly will
hereafter incur any liability whatsoever for which the other party or the eslate of the olher party
will be liable, Each party agrees to indemnify and hold harmless from and against all future
obligations of every kind incurred by them, including those for necessities.
Additionally, HUSBAND shall be solely liable and responsible for the Members First
Personal Loan and will indemnify and hold WIFE harmless from the same. HUSBAND further
agrees 10 be responsibli) for all allomeys' fees incurred by WIFE in defense of any claim or suit
brought against her arising from said loan. To the best of the parties' knowledge. the parties
affirm no other joint debts exist.
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6. REAL ESTATE
The parties jointly own property at 492 Bemheisel Bridge Road, Carlisle. PA 17013,
Said house is encumbered by a mortgage in the approximate amount of $68.000.00, HUSBAND
agrees to refinance said home in his name alone simultaneously with said refinance. WIFE
agrees 10 relinquish all her rights. title and interest in said property to HUSBAND. WIFE shall
execute a Quitclaim Deed to evidence her relinquishment of said interest. HUSBAND agrees to
indemnify and s"ve WIFE harmless for all expenses. ccsts, fees, taxes and insurance to said real
estate,
7. MOTOR VEHICLES
WIFE shall have sole title and ownership of the parties' 1986 Monte Carlo. HUSBAND
shall have sole title and ownership of the parties' 1985 Ford Truck, Each party agrees to execute
any and all documents necessary to transfer title of the respective vehicles to the other,
8. PENSION
Each party hereby waives any and all claims that he or she may have against the other
to any pension, employee saving or other stock benefit program of the other, if applicable,
9. BANK ACCOUNTS AND INVESTMENTS
Each party shall have sole possession of the bank accounts in their own names,
10. INSURANCE
Each party shall retain ownership of any life insurance policy in his or her name,
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II. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS
CONFERRED BY THE PENNSYLVANIA DIVORCE ACT OF 1980. AS
AMENDED
HUSBAND and WIFE acknowledge and agree that the provisions of this Agreement are
fair. adequate and satisfactory to them. Both panics agree to accept the provisions set fonh in
this agreement in lieu of and in full and final selllement and satisfaction of all claims and
demands that either may now or hereafter have against the other for equitable distribution.
alimony. alimony pendente lite, counsel fees. costs and expenses or other provisions for their
suppon and maintenance before, during and after the commencement of any proceeding for
divorce or annulment between the panics,
12. AFI'ER ACOUIRED PERSONAL PROPERTY/FUTURE EARNINGS
Each of the panics shall hereafter own and enjoy independently of any claim or right of
the other. all items of personal property. tangible or intangible. hereafter acquired by
HUSBAND or WIFE, with full power in him or her to dispose of the same as fully and'
effectively. in all respects and for all purposes. as though he or she were unmarried,
13. ALIMONY, SUPPORT AND MAINTENANCE
Both panics acknowledge and agree that the provisions of this Agreement providing for
equitable distribution of marital property arc fair. adequate and satisfactory to them and are
accepted by 'them in lieu of and in full and final satisfaction of any claims or demands that either
may now or hereafter have against the other for support. maintenance or alimony, HUSBAND
and WIFE funher, voluntarily and intelligently, waive and relinquish any right to seek from the
other any payment for spousal suppon, alimony and maintenance.
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14. SUBSEQUENT DIVORCE
A decree in divorce. entered by a court of competent jurisdiction to eilher party. shall
not suspend. supersede or affect the terms of this Agreement. BOlh parties agree 10 enter a
Consent Decree concerning the provisions of this Agreement in the Court of Common Pleas of
Cumberland County. Pennsylvania. This Agreement, and Ihe temlS and conditions contained
herein. as well as the enforcement of said terms and conditions, shall not be contingent upon the
granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland
County. Pennsylvania, Furthennore. both parties hereto agree to timely execute the appropriate
affidavits and consents and waivers to secure a No-Fault Divorce as may be required by the
Divorce Code of 1980. as amended. Both parties hereto agree that this Agreement may be
incorporated into a separate Court Order but shall not merge in such order in the Court of
Common Pleas of Cumberland County, Pennsylvania.
15. OTHER DOCUMENTATION
HUSBAND and WIFE covenant and agree that upon request of the olher party. they will
forthwith execute and deliver to the other party, any and all wrillen instruments, assignments,
releases. satisfactions, deeds. notes or such other writings as may be necessary or desirable for
the proper effectuation of this Agreement.
16, MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTATE
Each party hereby releases, waives and relinquishes any and all righls which he or she
may now have, or may hereafter have, against the other party under the present or future laws
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of any jurisdiction (a) to share in the estate of the other party upon the other party's dealh and
(b) 10 act as execulor/rix or adminlstrator/rix of the other party's estate,
17, MUTUAL RELEASE
HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever
discharge the other and the estate of such other, for all time to come, and for all purposes
whatsoever, of and from any and all rights. title and interests, or claims in or against the
property (including income and gain from property hereafter accruing) of the other or against
the estate of such other, of whatever nature and wheresoever situate, which she or he now has
or at any time hereafter may have against such other. the estate of such other or any part
thereof, whether arising out of any fonner acts, contracts, engagements or liabilities of such
other or by way of equitable distribution, dower or curtesy, or claims in the nature of dower or
courtesy of widow's or widower's rights, family exemption or similar allowance, or under the
intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime
conveyance by the other as testamentary, or all other rights of a surviving spouse to participate
in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State,
commonwealth or territory of the United States, or (c) any other country, or and rights which
HUSBAND or WIFE may have or at any time hereafter have for the past, present or future
support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expen"es,
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whether arising as a result of the marital relation or otherwise, except, and only except, all
rights and Agreements and obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any thereof.
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Each of the parties hereto further covenants and agrees for himself and herself and his
or her heirs, executors, administrators and assigns, that he or she will never, at any lime
hereafter, sue the other party or is or her heirs, executors, administrators and assigns, for the
purpose of enforcing any of the rights relinquished under this paragraph, Each of the parties
further covenant~ and agrees that he or she will pennit any will of the other to be probaled and
allow administration upon his or her personal, real or mixed estate and allow effects to be taken
out by Ihe person or persons who would have been entitled to do so had HUSBAND or WIFE
died during the lifetime of the other, Each of the parties hereby releases, relinquishes and
waives any and all right to act as executor or executrix or administrator or administratrix of the
other's estate.
It is the intention of HUSBAND and WIFE to give to each other by the execution of this
Property Selllement Agreement a full, complete and general release with respect to any and all
property of any kind or nature, real. personal or mixed, which the other now owns or may
hereafter acquire, except and only except all rights and Agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach of any
thereof.
18, SUCCESSOR'S RIGHTS AND LIABILITIES
This Agreement shall, except as otherwise provided herein, be binding upon and inure
to the benefit 'of the parties hereto, their respective heirs, executors, administrators. successors
or assigns.
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19. SEVERABILITY
If any provision in this Agreement is held by a court of competent jurisdiction to be
invalid. void. or unenforceable. the remaining pruvisilJns shall nevertheless continue in full force
and effect without being impaired or invalidated in any way.
20. ENTIRE AGREEMENT
HUSBAND and WIFE do hereby covenant and warrantlhalthis Agreement contains all
of the representations, promises and Agreements made by either of Ihem to the other for the
purposes set forth in the preamble hereinabove; that there are no claims, promises or
representations not herein conlained, either oral or wrillen, which shall or may b~_~barged or
enforced or enforceable unless reduced 10 wriling and signed by both of the parties herelo,
21. BINDING EFFECT OF AGREEMENT/WAIVE~.
This Agreement shall remain in full force and effect unless and untiltenninaled under
and pursuant 10 Ihe tenns of this Agreement.
The failure of either party to insisl upon stricl perfonnance of Ihe provisions of this
Agreement shall nol be construed as a waiver of any subsequent default of the same lJr similar
nature, nor shall such failure be conslrued as a waiver of any other tenn, condition, clause or
provision of this Agreemenl.
23,1 BREACH
If eilher party breaches any provision of this Agreement, the other party shall have the
righl. at his or her election, to sue for damages for such breach or seek such olher remedies or
relief as may be available 10 him or her, and Ihe party breaching this contract shall be
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COMMONWEALTH OF PENNSYLVANIA )
) 55.
COUNTY OF CUMBERLAND )
Before me. the undersigned officer. a Notary Public in and for said Commonwealth and
Counly. personally appeared Linda J. Pope who heing duly affirmed according 10 law. deposes
and says Ihal Ihe facts and mailer set forth in Ihe within and foregoing Property Settlement
Agreement are lrue and correct 10 the besl of her knowledge. information and belief.
, -.......
LIND~ ~. P~~E ' J
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Affirmed and subscribed to before me this
((\ ~"J . 1996,
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My commission expires,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF (~, I .<!'< II,,, j
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Before me. the undersigned officer, a NOlary Public in and for said Commonwealth and
County. personally appeared Terry M. Pope, who being duly affimled according 10 law.
deposes and says Ihal the facls and mailer sel forth in the wilhin and foregoing Property
Settlement Agreement are true and correclto the besl of his knowledge. informalion and belief.
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TERRY ~, POPE -
. ... Affirmed and subscribed to before me Ihis ~~-
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NOTARY PUBL C
My commission expire :
day of nl/lJL. 1996,
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Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
INDA J. POPE,
v,
CIVIL TERM
96-2006 Civil
ERRY M. POPE,
Defendant
IN DIVORCE
CERTIFICATE OF SERVICE
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I I. Barbara Sumple.Sulllvan. Esquire. do hereby certify that on this date. I served a tn'e
rnd correct copy of the foregoing Plaintiff's Praecipe to Transmit Record. in the above-
~aptioned mailer upon the following individual by first c1as~mail, postage prepaid. addressed
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~s follows:
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Terry M. Pope
492 Bemheisel Bridge Road
Carlisle. P A 170 \3
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bATED: October 1. 1996
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A;b~r:;s:L:"SUll;~a~, Esquire
. 549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Supreme Court1.D, No. 32317
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Plainllff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
INDA J, POPE,
v.
CIVIL TERM
71.c '/i. -' ,_',-'" I, (,,,. e I''''',
ERRY M, POPE,
Defendanl
IN DIVORCE
AFFIDAVIT REGARDING COUNSELING
1. I have been advised of the availability of marriage counseling and undersland that
may request that the Court require that my spouse and I participale in counseling.
2, I understand that the Court maintains a list of marriage counselors in the Domestic
elations Office. which list is available to me upon request.
3. Being so advised. I do not require that the Court require that my spouse and I
articipate in counseling prior \0 a divorce decree being handed down by the Court.
I undersland thal/alse stalements herein arc made subject to the penallies of 18 PA. CSA
cction 4904 relating 10 unsworn falsificalion 10 authorities,
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DATE: 01, ~'\?..... ql..,
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LINDA J, POPE.
IN TilE COllNT OF COMMON Pl.EAS
ClIMliENI.ANU COUNTY, PENNSYLVANIA
CIVIl. TENM
Phlinliff
v,
ERRY M, POPE,
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Dllrllndanl
IN D1VONCE
COMPl.AINT IN mVOKCE COUW
I, Plainlirr Is LlN[)A J, POPE, IInllllull Indivhlulll rllKiding III 791 Hamillon Court.
Brlislll, Cumberland County, l'llnnsylvllnill, 170J.l,
2, Ddlllldlll1l is TERRY M, POPE, iK IIn Ildull indivldulIl rllsiding 492 Bemheisel
ridge Road, Carlislll. CUl1lhllrlund Courlly. Pcnllsylvullill. 1701.1,
.1, Bolh 1'luillliH und IldcndullI hllvc hccn hOllu ridc rcsidcnlK in Ihll Commonwealth
r Pennsylvanill ror III "'lIsl six (M l1lonlh., prior hI fllillg Ihls COlllplllinl,
4, Thll PlaintUr IInd Ud\'ndunl IVcrc IIlllrrilld on April 29, 1988, in Camp Hill.
PeMsylvllnia,
5, Thllrll wcrc no childrcn horn ur lhis l1lurriagc,
6, Thc purlics scpllrulcd on Scpl~'n:hcr .1, 1C)l)fI,
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7, There have been no prior aClions for divorce or annulment between the parties,
$, The marriage is irretrievably broken,
9, Plainliff has been advised Ihat counselling is available and that plaintiff may have
he right to request thai Ihe court require the parties 10 participate in counseling,
10, Neilher Plaintiff nor Defendanl is in the military or naval service of the United
tates or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the
ongress of 1940 arid its amendments,
WHEREFORE, Plaintiff request this Court to enter a decree in divorce in accordance
ith Section 3301 of the Pennsylvania Divorce COde.~,(,
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Dated: April 10, 1996 /" '~--;1.." ~-
Barbara Sumple,Sullivan, Esquire ---_.
, Allomey for Plaintiff
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. No, 32317
4
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PlalntiH
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
. ).,INDA J, POPE,
v.
CIVIL TERM
96-2006 Civil
TERRY M, POPE.
Defendant
IN DIVORCE
AFFIDAVIT OF SERVICE
I. Barbara Sumple.Sullivan. ESQUIRE. do hereby certify that I served a copy of the
Complaint In Divorce in the above-caplioned mailer by United States Mail. Restricted Delivery.
Certified No. P 377 421 216. Return Receipt Requested, on the above-named Defendant. Terry
M. Pope. on April 17, 1996, at Defendant's last known address: 492 Bernheisel Bridge Road,
Carlisle. PA 17013. The original receipt and return receipt card number (Certified No. P 377
421 216) are allached hereto evidencing receipt 011 April 22. 1996,
'bated: April 23. 1996
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(Barbara Sumple,Sullivan. Esquire
549 Bridge Street
New Cumberland. PA 17070-1931
(717)-774-1445
Supreme Court ID /; 32317
,
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P 3"17 421 21b
lJ~;; PVIiI'lI blJI"ICf!
Receipt for Certified Mall
Nt) Inhur,1I11,lJ CliVI:IiI'/1I P"j\lldlld
Ill) nor IJtil1 1m Inl"flliIIILlldl Molll '.':".'1' "'~"I:JY}
~;~l/\Ii;;" - .. . - .. ,.
MR TERRY M POPE
(;~~~ii';~~RNHEISEr. BRIDGE RD
IS,:;'()lii;",;"-;:;i;iil) ... :Ifi .~_ r;.1'~
C;:~Rr.IS.L~_PA 17013
PII',',I'j" $
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" Comp',~ It.m.. 3. Ind 4. . b.
. 'rim your Mm' Ind Iddr"l on till rlvl'l. of Ihlt 'orm '0 th.t WI eln
" "~rn (hll elrd 10 you,
. Attach Ihl, 'orm to Ihl fronl 0' th. mIJlplIC" or on th. blc~ i' tPICI
... not permll.
I . Wrll. ''JlI.tum ".c.lpl "Iqult"d" on th. mlllpl"l btlow Ih. ."lcl. numbl
· . T~ "'turn ft.o.lpl will anow 10 whom the I"lel, w.. dlllvlrld Ind th. dill
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.1,3' Artld,. Add'....d to:
/1R TERRY M POPE
492 BERNHEISEL BRIDGE RD
CARLISLE PA 17013
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following ..,vlc,.. !fo, In ,..tf'
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Co mllt.r for f,
41, Artlcl. Numbflr
-i......J:z:Z. 421 216 tJ
4b. S.,vlc. Typ.
o ".gl...,.d 0 'n.u..d
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[J bpr... Mill 0 A.turn Receipt fo, [
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8, Addr....... Add,... (Only If requtlt.d 'I !
.nd ,.. I. p.idl ,. )
.D.c....",1991 ''''''VOl''' '.110. DOMESTIC RETURN IIECEI
EXHIBIT "A"
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i PNDA J. POPE.
Plaintiff
IN TUE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL TERM
96-2006 Civil
v,
~ rrERRY M, POPE,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
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A Complaint in Divorce under !i33011c) of the Divorce Code was filed on April
, :15, 1996,
,
2. The marriage of plaillliff and defendant is irretrievably broken and ninety (90)
,.
i ~ays have elapsed from the dale of filing the Complailll,
3, I consent to the entry of a final decree of divorce after service of Notice of .
,
, Intention to Request Entry of the Decree.
DATE: jtJ.. / - .'/0.'
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LINDA J, POPE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
CIVIL TERM
96-2006 Civil
TERRY M, POPE,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
~y OF A DIVORCE DECREE UNDER
113JOllc) Of' THE DIVORCE CODE
,:1
1. I consent to the entry of a final decree of divorce without notice,
2. I understand that I may lose rights concerning alimony, division of propeny,
: 'awyer's fees or expenses if I do not claim them before a divorce is granted.
3, I understand that I will not be divorced until a divorce decree is entered by the
Coun 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 understand that
false statement herein are made subject to the penalties of 18 Pa.C,S. ~4904 relating to unsworn
falsirication to authorities,
DATE:
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LINDA J. POPE,
Plaintiff
IN TUE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
CIVIL TERM
96.2006 Civil
. TERRY M, POPE,
Defendant
IN DIVORCE
'I
W AIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
!U3flHc:l OF TilE DIVOR{;E CODE.
1.
I consent to the entry of a final decree of divorce without notice,
1
il
2, I understand that I may lose rights conceming alimony, division of property,
: 'awyer's fees or expenses if I do not claim them before a divorce is granted.
3. J. understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the del~ree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statemenls made in this affidavit are true and correct. I understand that
false statement herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn
"
falSification to authorities.
'J. } (~ ~/,'
DATE: . "
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TERRY M. POPE