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HomeMy WebLinkAbout96-05289 -- --------------------.---------. ~ -- - .----- - - ~~- - ,.; v ~ ~ ~.' ~ ~ ~ ~ ~ ~ ~ ,', ~ ~ ~ ,', :\' ... ~ ~ ~ ~ ;i. v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ STATE OF PENNA. .BELINDA J, GBAU6ARD, Plaintiff ,. II) i\ (L96.':C?2~9. Vl'J':;llS ..SCCYl'l' D, GBAUBARD, Defendant ~) ", DECREE IN f O/VORCeJ 3~2-<.( 11 AND NOW, ~rJ . .. fc? .. .. .... ,,'17... ;1 ;, o,d.,.d eod decreed that"", ,. ""., ,B!,L:r~PP., ~'" ~,Rf\u,E~AM""""", ,"'. plaintiff, and, , , _ , " , , ., , , " , , , , _ , , , ,sCOTr ,0. ,GAAU6AEO,. , , , , " , , , , , , , '. defendant, are divorced from the bonds of matrimony, ~ ~.. .', $ ~ y ,', ~ $ ~ v 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; ,', ~ ~ ~ ~.' . .q~p.<\r:<\l<Lql'l ,al'lq ,1?l;q~,tY, $etUelJ1ent, "g."''''U1\!nt., (I"t.~(I, J\PJ:').,l, "J", ,1,9,9,7", ,is, , , . , ,inc;qr:P.Qr:<\t;eq ,LI'lt;o, t;l)i'i ,lie",,,,"" , , , , , , . , , , , , , , , , , . , , . , , , , , , , , , , , , , , , , , , , , , , $ $ ~ ~.' ~ " ~ $ ~ ~.' ~ ~ ~ ~ 7. ._____--- :;,..:. .~:. .:.:. .:+:. .:+:. ...:. ':,' ~ ~ '. .'. $ 8 .', ~ ~ ~ .. ~ ',' * " ~ '.' ~ ... ~ ',' ~ ... ~ ',' ~ I, i ~.' ttl l , ~ '.' ~ ',' ~ ... ~ ~.~ *- ~.' ~ ~.~ ~ $ ~ ~ $ * ~ ~ ~ ~ 'l , ' 'l:1i: Pr"lhonolary \ ~ ~!JI- I~ ~.-----------,.--.~---~~~ ---- - " ~ - ,~-~- ~, - - ,- - I~ ~.:. .:+:. .:+:. .:+:. .:+:. .:+:- .:.:- .:+:. .:+:. .:.:. .:+:. .:+:. .:.:- <+:. .:+;. :- .:6:' .:.:- .:+:. .:+:. -:.:. .:+:. .:+:. " . . . ~ separation and Propertv Settlement Aoreement THIS AGREEMENT, made this 7f!: day of 11 f;.r 1997, by and between BELINDA J. GRAUBARD of Carlisle, Cumberland County, pennsylvania, party of the first part, hereinafter referred to as "Wife" and SCOTT D. GRAUBARD of Delaware, Delaware County, Ohio, party of the second part, hereafter referred to as "Husband II . WITNESSETH: WHEREAS, husband and wife were married on April 28, 1984, in Chester County, pennsylvania; and WHEREAS, husband and wife have been living separate and apart from each other since February 15, 1996; WHEREAS, wife is a resident of the Commonwealth of pennsylvania and has been so for at least the past six (6) months and husband is a resident of the State of Ohio; and WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of continuing to living separate and apart from one another; and WHEREAS, husband and wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property; WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and Belinda J. Graubard u:o ~ C,1JIlIlJ,([lOC3\M1lCl!'(llAUDAllIlIIIPSA Ci\ / G<'"bard~ Scott D. WHEREAS, the parties hereto have mutually entered into agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and amble opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for husband and wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall deem fit free from any control, restrain, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either husband or wife of the lawfulness of the causes leading to them living separate and apart. ~~~:."!.,:,,,~aubard ~ \.-') Scott D. (i\ ( / Graubard")1. . / / i ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and to each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non- prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or for making any just or proper defense thereto. It is warranted, covenanted, and represented by husband and wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing husband and wife to execute this Agreement. Husband and wife each knowingly and understandingly hereby waive any and all possible claims of this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and wife do Belinda J. Graubard OC/J Scott D. any possible GraUbarcf---,~ ( .I / each hereby warrant, covenant and agree that, in C.\J-'lJ.Ml)OCS'Il)lVOlC1>'atAlllv.J.O,II1J'SA. '- event he and she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement of for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, county, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any of the parties hereto. It is understood by the parties that a divorce complaint will be filed in the Court of Common Pleas of Cumberland County. Both parties ~:.::."".rd ffJ "" SooU o. Gr.Ub.4f give their full and complete consent to the jurisdiction of the Court of Common pleas of Cumberland County to enter a final decree in divorce. Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to permit this Agreement to survive any such decrees. 2.4 Notwithstanding Article Two (2), paragraph One (1), at the request of either party, the parties hereby agree to execute the necessary documents to finalize the divorce docketed at 96- 5289 Civil Term, in the Court of Common pleas of Cumberland County, Pennsylvania. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the parties; the contribution of one party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, ~~~~~"~aubard ~ including, but not limited Soott o. oraUbar./;A~ to medical, retirement, insurance or other benefits; the contribution of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; and the standard of living of the parties established during their marriage. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. The parties hereby agree that any transfers of property pursuant to the terms of this Agreement shall be within the scope of the Deficit Reduction Act of 1984, or other similar tax acts (hereinafter "Act"). The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfers and subject to the carry-over basis provisions of said Act. Belinda J. Graubard 68\0 '00" D. GraUba"",~(~ C.~lllVOln"llllAURAIlnn'"^- 3.3 The parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession. Except as provide for herein, Husband shall make no claim whatsoever for any personal property in wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband'S possession. Should it be necessary for either party to execute any documents to convey title to any such real or personal property in the other party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing party. a. Husband will retain all right, title and interest to the ICMA retirement account. Wife agrees to waive any interest she may have in the ICMA retirement account. b. Husband will retain all right, title and interest to the USAA mutual funds. Wife agrees to waive any interest she may have in the USAA mutual funds. c. Wife shall assume responsibility for the payments on the VISA through PSECU, with a total loan balance of $4,587.63. Wife will pay one-half of the VISA through PSECU with the proceeds from the sale of the marital home. d. Husband shall assume responsibility for the PSL through PSECU, with a total amount of $2,816.09 as of January 31, 1997, plus any interest that may accrue until payments are begun by Belinda J. Graubard ~[) ~ c:~II.C\l\OllAl1l\AI.D.lr,"A. Scott D. G".Uba~ ! Husband. e. Husband will make no claim whatsoever on the proceeds from the sale of the marital home located at 240 Stonehouse Road, carlisle, Cumberland County, pennsylvania. f. Husband will sign a power of Attorney granting his attorney, Edward L. Schorpp, Esquire, power of attorney to represent him and sign documents for him at the settlement on the marital home. g. Husband will continue to provide medical and dental insurance for the two minor children, Megan A. Graubard and Joshua S. Graubard, so long as the same is available through his employer at his present cost. Should MrS. Graubard, at any point in time, obtain employment which provides similar coverage at no expense to her, Husband will no longer be required to provide medical and dental insurance. h. Wife agrees to assume sole responsibility for the first mortgage on the marital home valued at approximately $86,697.92 and Husband agrees to waive any claim he might have to the proceeds from the sale of the marital residence. Husband also agrees to not turn down any reasonable offer made on the marital home and agrees to respond to any offer made within the time limits stated in that offer. i. Wife agrees to assume sole responsibility for the second mortgage on the marital home valued at approximately $5,000.00. j. Wife agrees to assume sole responsibility for the approximately $4,400.00, Scott D. GraUbard~')( / remaining balance on the PSECU VISA of Belinda J. GraUbard~\1 C,\ftIlMJ)OCI\DlVOikcvat.A1mAAl1n'nA. $2,200.00 of which to be paid out of the proceeds of the sale of the marital residence and the other $2,200.00 to be paid as regular monthly payments by Wife. 3.4 Except as provided herein, Wife waives any right or interest she may have in Husband's employment benefits, including any retirement plan, stock option purchase plan, profit sharing plan or related matters. Except as provided herein, Husband waives any right or interest he may have in Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. 3.5 Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. ARTICLE IV RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and 0i!- Scott D. Graubard__dJ ( Belinda J. Graubard ~~ C!fDNDOaIDIVOlCEl{aAIIIlAAlII\\J'SA adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Except as provided herein, Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony, support, or maintenance. 4.2 Husband and Wife specifically waive, release and give up any rights for alimony that they may be entitled to pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code. ARTICLE V DEBTS OF THE PARTIES 5.1 Each party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the parties, that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. In the event either party contracted for or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of Belinda J. Graubard ~ been charged. Husband and '00" D. Gr'"b~ the name in which the account may have C,~lJ.WDOCIIlIM).~UlIAAD.1N'IA Wife acknowledge and agree that they have no outstanding debts or obligations of the Husband and Wife incurred prior to the signing of this Agreement. 5.2 Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in the possession of the other party. Within thirty (30) days of the date of execution of this document, each party shall execute the necessary documents to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Belinda J. Graubard C.~'llNDOClI\DlVOla.~llBA1WB",," 0fj~ Scott D. Gr.Ubard(,Y/ Transportation. ARTICLE VII MISCELLANEOUS PROVISIONS 7.1 The Parties hereto have retained independent legal counsel. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counselor the parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 7.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she 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 former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or 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 (al pennsylvania, (bl any state, commonwealth, or territory of the united States, or (cl any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, 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 Belinda J. Graubard 6(j1n C.'JtaJ,IJ)OCSIllIVOlI.n'lllllAlllIAADB\P5A It is the intention of Husband Scott D. GraUbard~~' or for the breach of any thereof. and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not 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. 7.3 Each party represents that since separation, they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided herein. 7.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both Belinda J. Graubard ~\D C:If1UIDOC'I\lINOA~.B\HA. Scott D. Graubard_. . . parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 7.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 7.6 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 7.7 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 7.8 If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of '00" o. Grauba~ ~~:~~~aubard~)(jl0 .' any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 7.9 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania. 7.10 The parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. 7.11 In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur, including but not limited to filing fees and attorney's fees, in any action or proceeding to enforce the terms of this Agreement. 7.12 This Agreement shall survive any action for divorce and D. G"'ubar~~' Belinda J. Graubard C.~C1!IaaAUIlAMlrhA U(J (/) Scott ,- ,... s~: , ,. ~ ,c , u c. > ("I: i l:. <" , ,> c: " G.. , ) ,- 01.;.... 1.:- , c- U" .0 .. ~, '.. \..0 l:.: L, I ". I. , " C_: '.' , L:~ -j ". , C) :, ! , " i::~, ~ j ., r L~ , .,. I , r-- (J L' o~ ) \ . \ I, . J o .~~~ '\i '.j "" I' ~. -... --. ~ ..g .'~ t ,ii:tK~ >'^ -" ............. .... ,ri:io' ., " ' r~,I'I" . ,.J (!j .' J, III )~f ',,01 ~~ ;; :'~' ". 0 tl ,:z iil b lil .... .AB ~ ~ ~ A ~ ~ ~ .N"/"'?:'!;~ U) ~ ". "'< , 'g .~' ;~:':;:,;'f1 ....te. ~''''1f::,''I,'I.,'''"" -\11\ ",' , CUI ,'" . . ... ~ ~., N"'~;; I&.p '.~,F= 6.":.';' , .Z J; ;.6,'., ,'.,0' <'C. .; :~,' ' ~ . .,'it':'; , :c' .", .' ;: .~ ,.. "i;' .~"'il. . '. . . ".,. 1'-:; ,..' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BELINDA J. GRAUBARD, Plaintiff v. CIVIL ACTION - LAW IN DIVORCE NO. 96- ')) r ~ C ,:J r;."~ SCOTT D. GRAUBARD, Defendant 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, including custody or visitation of your children. 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, Cumberland County courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'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 Court Administrator One courthouse square Carlisle, Pennsylvania 17013 (717) 240-6200 W J j Je C/V~ william C. Vohs, Esquire Attorney for Plaintiff (' 'Jl~ ~ll~ 1\'" IJl\l<>_"" ~ i~^\ 1\AP II nJ\lI' l'lV " " counseling, and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE. Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, HANFT V~ Wi liam C. Vohs, Esquire Attorney 10 No. 65208 11 W. Pomfret street, suite 2 carlisle, PA 17013 (717) 249-5373 c \J1JlMl}C"K"'ll'J)r.'O~(T~lIlA\'I\A~nT"loll' IlIV .. , VERIFICATION I verify that the statements set forth in the attached Divorce Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. section 4904 relating to unsworn falsification to authorities. f~~~~~H'~~ Belinda . Graubar (,\HllUllOClfmVORn~lllAnIARl'l'.cO\U'IlI\' . . .' , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BELINDA J. GRAUBARD, plaintiff V. CIVIL ACTION - LAW IN DIVORCE SCOTT D. GRAUBARD Defendant NO. 96-5289 Civil Term AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(C) of the Divorce Code was filed on september 24, 1996. 2. The marriage of the plaintiff and Defendant is irretrievably broken and more than ninety (90) days have elapsed from the date of the filing of the Complaint in Divorce. 3. I consent to the entry of a final decree in divorce without notice. 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. 5. I understand that the costs of these proceedings will be paid for by plaintiff. 6. 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 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: yN17 C.\JollNDOCS\lllVOl(1.:c.aAUIl.UDIMno{)FCtlNlIOO >- C") (r -::I " i;; C"..j 1 ~.. U.lS. ", .)'";- ():: , ; ;~: CC:~.' I:":"" ;..i lJ_f 9(-", r-. .~;:; 0" ',;..~ LLI'i. I ..,. _J, c..: 'i'D Li.. ~: '-'~. 'rl. r:. ~ " ", r- ~-) (J 0' oJ . . .06' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BELINDA J. GRAUBARD, Plaintiff V. CIVIL ACTION - LAW IN DIVORCE NO. 96-5289 Civil Term SCOTT D. GRAUBARD Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on September 24, 1996. 2. The marriage of the plaintiff and Defendant is irretrievably broken and more than ninety (90) days have elapsed from the date of the filing of the Complaint in Divorce. 3. I consent to the entry of a final decree in divorce without notice. 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. 5. I understand that the costs of these proceedings will be paid for by Plaintiff. 6. 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 understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authoriti . '. / Dated: ).t; I~f\'~'->-\ ((":i C....1aNl)OCSIDlVO.cwaAlJllAP.OllWl'Ol'L'ON &1X!