Loading...
HomeMy WebLinkAbout00-00549 - " J"I , - ~, '\ .. . . . . .. . .. . . .. :f.,.,"''''", . . . . . . . . . '" :f. Of. '" . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . . . . . . . . . RITA SPICHER PENNA. STATE OF . . . . NO. 2000-549 Civil Plaintiff . . . VERSUS DENNIS SPICHER . . . . . . . . . . . . . . . . Defendant DECREE IN DIVORCE AND Now,_De..L.c...,L, c5 1 , 20Qd IT IS ORDERED AND . . . . . . . RITA SPICHER DECREED THAT , PLAINTIFF, . DENNIS SPICHER , DEFENDANT, AND . . . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . 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; None. . The Marital Settlement Agreement, dated October 12, 2000, is incorporated . . herein by reference but is not merged into this Decree. . '" '" :f.ot: '" . . . . By THE C[J)~ ATTE . . . . . :f. "':f.'" "'''' "'''' '" :f."':f.'" ~~"-I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . ~ ?- ,.. ~~ ~~',lti~~~;~"."""",,,,,-,,,,,, ><~_ -' -, ".. . \ I' ~ ',' ,#l ,; i.. ' '-f. " . 1'J'7.00 Ibl $Iff ~ ~ 4 ~ Q-)-ot 11~ ~/; 4~ " ,i' ~ "'~. ""'!' JIIIII ' ",,) " --- -~-~~,-~~- r ~=~- ~ ,~-~~ ,~, , . ( ~ " , -' " MARITAL SETTLEMENT AGREEMENT 1"1+- All J .ff A . THIS AGREEMENT, made this ~ day o~~OOO, by and between Dennis Spicher, hereinafter referred to as "Husband", and Rita Spicher, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 1, 1974; and WHEREAS, certain differences arose between the parties as a result of which they separated on February 1, 2000, and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship any provisions of prior agreement between them to the contrary notwithstanding; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband, by his attorney, Richard Etzweiler, Esquire, and Wife, by her attorney, Edward J. Weintraub, Esquire, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: ~(InitialS) ';@d (Initials) . " n, II""",, , ( 1. SEPARA TION: It shall be lawful for each party at all times hereafter to live separate and apart from the other as such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nor in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Other than the debts indicated in Paragraph 5 below Wife represents and warrants to Husband that since February 1, 2000, she has not, and in the future, she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Other than the debts indicated in Paragraph 5 below, Husband represents and warrants to Wife that since February 1, 2000, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. L(InitialS) X?JJ (Initials) 2 ~- ' ,., < ( . . 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations of the Husband and Wife incurred prior to the signing of this agreement, except as follows: PERSON(S) NOW DESCRIPTION AMOUNT RESPONSIBLE A. 1 st Mortgage - Members First $180,000 H&W B. 2nd Mortgage-Members First $49,000 H&W C. Discover $8,800 H&W D. Amaco Visa $2,700 H E. City Bank $11,980 H F. American Express $5,600 W G. Bon Ton $140 W H. Members First $25,700 H (Jeremy's Tuition 1 st year) I. Sally Mae $2,340 H J. Spicher Enterprises $15,000 H (All debts & liabilities) K. 1 st USA $11,600 H&W L. JC Penny $150 W M. MBNA $9,177 W N. Provident Bank $3,500 W O. Members First $22,700 W (Jeremy's Tuition 2nd year) P. Bank of Boston $26,000 W (Jeremy's Tuition 3rd year) ~()niti.,,) t1M (Initials) 3 t ( " O. Home Depot $1 ,1 30 H R. Universal Card $4,100 W S. Bank of Boston $13,000 W (Josh's Tuition 1 st year) The parties agree that Husband shall hereafter be responsible for paying debts A,B,C,D,E,H,O,J and I above and Wife shall be responsible for paying debts F,G, K,L,M,N,O,P,R and S Each party agrees to pay the outstanding joint debts as allocated and further agrees to indemnify and save harmless the other from any liability for such debts or obligations. In the event that either party contracted or incurred any debts, other than those specifically identified herein since February 1, 2000, the party who incurred the debt shall be responsible for its payment regardless of the name in which the account may have been charged and agrees to indemnify and hold harmless the other for any liability for such debts. 6. MUTUAL RELEASE: Except as provided in this Agreement, each party waives his or her right to alimony and any further distribution of property because both agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each LQni_l w (Initials) 4 J:.l. L .". ( ( party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION: A. Wife shall transfer to Husband immediately upon signing of this Agreement, all of her interest in and title to their jointly owned real estate at 1112 East Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania, subject to two (2) mortgages totaling approximately $230,000 Two Hundred and Thirty Thousand Dollars given to Members First, in exchange for which Husband agrees to be solely responsible for the payment of all existing arrears and future mortgage payments, taxes, insurances and utility bills relative to said real estate. Husband covenants and agrees to pay and discharge the existing mortgage obligations on said premises and agrees to indemnify Wife from any loss by reason of any default in payment and agrees to save Wife harmless from any future liability with regard thereto. (1) On the date of the execution of this Agreement, Wife shall deliver to Husband a deed to be prepared by Husband's counsel transferring and conveying to Husband all of their right, title, claim and interest in and to the real estate located at 1112 East Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania. Thereafter, Husband shall be the sole owner of the real estate and shall be permitted to record the deed and take any other action with respect thereto that he deems appropriate. (2) Wife agrees that upon the execution of the deed, Husband shall become the sole owner of any and all homeowner's policies, title policies and any other policy of insurance with respect to the real estate and shall be entitled to receive any payments now or hereafter due under such insurance policies. (3) Should Husband elect to retain the property, Husband shall apply for refinancing to satisfy or shall otherwise in good faith attempt to obtain Wife's release regarding the existing mortgages on 1112 East Lisburn Road, Mechanicsburg, ~(InitialS) x?Jd (Initials) 5 , i , '. " Cumberland County, Pennsylvania. Pending settlement on Husband's new financing, he shall continue to be solely responsible for the existing mortgages, insurance, taxes and other charges associated with the property. (4) Should Husband sell the property, execute a deed in Ineu of foreclosure or suffer foreclosure of the existing Members First Mortgages, Wife acknowledges joint and several liability to Members First and agrees that she shall pay to Husband or directly to Members First fifty percent (50%) of any arrears as of February 1, 2000, any deficiency and any fees and costs relating to the foreclosure action. Should Wife be unable or unwilling to pay her share of any deficiency, she expressly reserves as between her and Husband the right to file for bankruptcy, with or without Husband's joinder. Any equity remaining after a foreclosure sale shall be divided equally between the parties. B. Contents of The Marital Residence: As of the date of the execution of this Agreement, Wife shall set over, transfer and assign to Husband all of her right, title, claim and interest in and to the furniture, furnishings, fixtures, goods, appliances, equipment and personal items within the former marital residence, except for these items which Husband will deliver to Wife: Organ, small freezer, cedar chest, items as agreed to between us and other items as the parties may mutually agree. Wife shall remove these items from 1112 East Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania, within thirty (30) days following the execution of this Agreement. C. Contents of Wife's Residence: As of the date of the execution of this Agreement, Husband shall set over, transfer and assign to Wife all of his right, title, claim and interest in and to the furniture, furnishings, fixtures, goods, appliances, equipment and personal items within Wife's residence. ~(InitialS) 1JJxJ (Initials) 6 - L_", .: t . " r , D. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (1) Husband shall retain the 1989 Chevy Astro Van. (2) Wife shall retain the 1995 Buick La Sabre. Purchased by her in April 2000. (3) Husband shall retain the 1990 Chevy S 10 Truck. (5) All automobile titles and insurance policies will be corrected to reflect the ownership of each vehicle. E. Individual Retirement Accounts, Pensions And Employment Benefits: Except as hereinafter provided, each party shall retain sole ownership and control of their IRA's, Pensions, retirement assets, and Employment benefits. Husband shall retain his entire 401 K with an approximate balance of $30,000. Wife shall retain any pension or annuity from Blue Shield, Synertech or Highmark worth approximately $80,000 and most of her 401 K (VIP) account with an approximate balance of $100,000, except that by Oualified Domestic Relations Order prepared by counsel for Wife and reviewed by counsel for Husband, Wife shall transfer or roll-over to Husband the sum of $20,000, with Husband being solely responsible for any tax consequences to him as a result of this transfer. The proposed Oualified Domestic Relations Order will not be submitted for Court approval until any deficiency from the foreclosure sale on the former marital home has been satisfied or arrangements acceptable to Wife and Members First have been implemented. F. Joint Bank and Charge Accounts: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any such account. ~(InitiaIS) xJtd (Initials) 7 -- - ~ ',- " , , < " Wife shall retain all of the current balances in their respective current savings and checking accounts. G. Property to Wife: The parties agree that Wife shall own, posses, and enjoy free from any claims of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. H. Property to Husband: The parties agree that Husband shall own, possess, and enjoy free from any claims of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. Specifically, Husband shall retain all of the stock and ownership of Spicher Enterprises, Inc. and all assets of the corporation and shall indemnify and hold Wife harmless for any liabilities or claims asserted against her relating in any way to this corporation which he has exclusively managed and controlled. I. Miscellaneous Property: All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. J. Tax Liability: L(InitialS) ~ (Initials) 8 ,,.;-- -. , " " .. The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co- owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. LIFE INSURANCE: Each party shall continue to own any life insurance policies currently in effect, without restriction as to the designation of beneficiaries. Each party shall retain the cash surrender value of their respective universal life policy. 9. ALIMONY: Both parties mutually waive all support, alimony and maintenance of any kind from the other party. Wife acknowledges and agrees that the provisions of this Agreement providing for the waiver of alimony to her by her Husband are fair, adequate, and satisfactory to her and are based upon her actual need, her Husband's ability to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction in connection with this action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 12 Pa.C.S.A. Section 3701, as amended, this Agreement, insofar as it pertains only to support for Wife and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated, or reinstated at the instance of request of the Wife or Husband, or subject to further order of any court upon changed circumstances of the Wife or Husband of a substantial or continuing nature, or for any reason claimed by Wife whatsoever. Upon that condition, Wife hereby accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and -tfJI.--(InitialS) ';(}kj (Initials) 9 ...l&. l-_~ I. . " demands that she may now or hereafter have against Husband or her support and maintenance of herself and for alimony, and Husband and Wife further voluntarily and intelligently waives and relinquishes any right to seek a modification, suspension, termination, reinstitution, or other court order with respect to the terms of this Agreement pertaining to the payment of support to Wife or the payment of alimony by Husband. Husband acknowledges and agrees that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to him and are accepted by him in lieu of and in full and final settlement and satisfaction of any claims or demands that he may now have or hereafter have against the Wife for support, maintenance or alimony. Husband further voluntarily and intelligently waives and relinquishes any right to seek from the Wife any payment for support or alimony. 10. HEALTH INSURANCE: Husband and Wife shall each be responsible for maintaining their own health insurance. So long as they are eligible students, Wife shall cover the children. 11. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of the proceedings for divorce or annulment between the parties. 12. INCOME TAX RETURNS: L(InitiaIS) :eJJ (Initials) 10 - " " The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be responsible for the actions, misrepresentations or failures to disclose separate income resulting in tax liability. The parties filed jointly in 1 999 and shall file separately in 2000 and thereafter. Wife shall have the dependency exemptions for both children. 13. WAIVERS OF CLAIMS AGAINST ESTA TES: Except as herein otherwise provided each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims a~d both parties will revoke prior wills or testamentary documents. 14. AGREEMENT NOT PREDICATED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and 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- ~(InitialS) ;eJj (Initials) 11 n 'c' . '. 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 an action or actions 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, mayor shall be instituted by the other party, or from 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 waives any and all possible claims that this agreement is, for any reason illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 15. SUBSEQUENT DIVORCE: Wife at her cost by her counsel has filed an action for divorce under Section 3301 (c) of the Divorce Code. Simultaneously with the execution of this Agreement, both parties will execute Affidavits of Consent and Waivers of Notice to enable counsel for Wife to proceed with a no-fault divorce as soon as possible, providing counsel for Husband with a duplicate decree. The parties further agree that each of them shall be responsible for their own attorney's fees. The parties shall be bound by the terms of this agreement, which shall be incorporated by reference into the Divorce Decree, shall not be merged in such Decree, but shall in all respects survive the same and be further binding as an enforceable contract, conclusive upon the parties. -'l!-(InitialS) X2:/d (Initials) 12 '. ".' o . ~"-" ","". \ .' " 16. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. Reasonable interest shall be assessed from the date of breach. A. This Agreement may be specifically enforced by either Husbandor Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreement such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid undue delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in terms or provisions of this Agreement by reason of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever, provided that the party who seeks to recover .61/-(lnitialS) X?JJ (Initials) 13 . "'-'^ , J.~~v ' , " , such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent or the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 17. ADDITIONAL INSTRUMENT: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 19. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and divisions of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and U-(InitialS) ';:tljj. (Initials) 14 ." " satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by and any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 ~ ~ or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 20. DISCLOSURE: Husband and Wife represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which either party has an interest, the sources and amount of the income of such party of every type whatsoever and of all other relevant and material facts relating to the subject matter of this Agreement. 21. MODIFICA TION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance on any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and have no effect. 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They have no effect whatsoever in determining the rights or obligations of the parties. 24. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 15 , -j~~,-, . , .' , .. 25. APPLICABLE LA W: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID CLAUSES: If any term, condition, clause 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. 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. (SEAL) ;eL<-J ~ Wife's Name (SEAL) Witness e;1~~ ~(InitialS) :eu (Initials) 16 ~ ~= , . , .' COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ ~ BEFORE ME, the undersigned authority, on this (l'~ )day of Gua ~ ,2000, personally appeared U~ ~~nown to me to be the person who executed the foregoing instrument, and who acknowledged to me that he\she executed same for the purposes and considerations therein ss. expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS \'l ~'i day of ~. cl_, ,2000. NOTARIAl SEAL . PATlV L STROHECKER, Notary Public Harrisburg, Dauphin County My Commission Expires Jan. 6, 2003 L---. ~~ ..Ow ""--- Notar Publi in and for the Commonwealth of Pennsylvania ()dvbrt GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ld!!8ay of ,2000. Notarial Seal Misty 0, Lehman, Notaiy Public Harrisburg, Dauphin County My Commission Expires Aug. 2, 2004 ,"'d'c.:'~,"" -'....".;.,~1IIIIilIIiil '-..l_~ ~ ..~.--IOltl~'~'~"-- , - .iI~.m. '. --..-- ~ ..c.... ' , ". n (:) 0 C a -n :;:: :J!: --! -otri Cl -'1.' ~rn <: ri;g ::0 zr w -rjt'Tl ~~ 0 -":J(.."1 ~~J';~ ;<D """ ~o :T- 5:2] ;;;~ 7C.J drn 2' ,,-i '" " J> =< f'V :;;:J -< i,1 ~ ~" RITA SPICHER, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. No.2000-549 Civil DENNIS SPICHER Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the complaint: Certified Mail, Restricted Delivery (Affidavit of Service attached). 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by plaintiff: October 12, 2000 (copy attached); by defendant: October 23, 2000 (copy attached). 4. Date Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: by plaintiff: October 12, 2000 (copy attached) by defendant: October 24, 2000 (copy attached) 5. Related claims pending: None. 6. Plaintiff and Defendant have signed a Separation and Property Settlement Agreement dated October 12, 2000. WHEREFORE, the Court is requested to enter a Final Decree in Divorce in compliance with Section 3301 (c) of the Divorce Code and Pa. R.C.P. 1920.42(a)(1) and to incorporate the terms of the Separation and Property Settlement Agreement in accordance with Section 301 (a)(1) and (4) and 40 0 th~ Divorce Code. Dated: Edward . Weintraub, Attorney for Plaintiff ~~~ - -iili ill' " """'"-,-, lilil, '"", -~~-~-------~--_._------ RITA SPICHER, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY ,PIENNSYL VANIA * vs. * NO. 2000 -549 Civil * DENNIS SPICHER, * CIVIL ACTION - LAW Defendant * IN DIVORCE : ss. 0 a, (,:) C 0 -n ~=::.:... .... u 0-.1 1''1 n1 >" C:J " -'n :z: ::r.~ !'::::~ .'c_. c.~ :::q en ~ 0' y -<'>' r:::t) C) ~E5 --;;:, =-;:j (~) S~ :"n c: '--j ;::::. ~I :<i i'.O ~~ (""::' AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF AND NOW, this 15th day of February, 2000, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Misty D. Lehman, who being duly sworn according to law, deposes and says that on February 2, 2000, she mailed a certified copy of a Complaint in Divorce by certified mail, restricted delivery, return receipt requested, to Dennis Spicher and the same was received by him on February 7, 2000 as indicated by the return receipt card which is attached hereto. l~t-u, n. tAv M"v1 "---) Misty D. Lehman A I ~. ~~ ,1.(. I f/ TAR/AL "fA' EMILY A. r,' , ;tarY Public Hamsburg Gil~ Dauphin Cour.vJ My CommlSoJon txpires Dec. 4, 2000 - Ul '(Y\~c.hCLl'\lQ~~l PA rlO )) I also wish 10 receive the following services (for en extra fee): l'i 1. 0 Addressee's Address - G 2, ~ Restricted Delivery Ul Consull postmaster for fee. t 4a. Article Number Ii a: e " D a: '" c ;; " ~ .2 " ~ "- c .. s; ... i ;; ~ ~ e .. s; ~ c o "0 3. Article Addressed 10: , ! ~ SptJuj ~. II \ a, E(l.,)+ lisk::v.-RY\. ''Rood SEND R: ~Complete items 1 and/or 2 for additional services. Complete items 3. 48, and 4b. Print your name and address on the reverse of this form 'SO that we can return this card to you. Adach this tonn to the front of the mallpiece, or on the back if space does not permit. -Write"Retum Receipt Requestsc/o on the mailpiece below the article number. -The Return Receipt will show to whom the article was delivered and the date delivered. 5. Received By: (Print Name) ~ " o '" .!! + - " ~ COPl1 RITA SPICHER, * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff * * vs. * NO. 2000 -549 Civil DENNIS SPICHER, * * CIVIL ACTION - LAW IN DIVORCE a c:') C) c') ._~ Defendant * o f; lJc,~ n-}j.;~i ~~> -:::::?': \..D ~c_: -~ :Z t~~ ... .~,~;:.'~ A Complaint in Divorce under Section 3301 (cl of the n~rctto~ ._- 1',. =< o~ ~ was filed on January 31, 2000. AFFIDAVIT OF CONSENT 1. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 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. Date: ([ef:t{"L,. /~ ~C'Vb ~r xyxc/L<---, Rita Spicher, Plaintiff " I "'",i C) -" ,- ~~""""""'- " I .c' tOIP''Tf' RITA SPICHER, * Plaintiff * * VS. * * DENNIS SPICHER. * Defendant * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA NO. 2000 -549 Civil 0 C) c::' c C> ~n ~ Z va:; C:J nlrn .....c " z-.--, :ZS' I , il ci5 ,~ .-J ~'''.J -<z , r',-', ~~, <~/ ''0 :2:c . :ii :l: '---,' 50 C) - C' -rn c .. ~ ~-j (::> ?6 -< CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 31, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. 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: IeJ/;Y/9 cdh Den~Pi e'r, Defendant ~ -' -',~."" ~~ ............ ~" - -~ " ~' ""l........." t~lPlf RITA SPICHER, * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff * VB. * * NO. 2000 -549 Civil * Defendant * CIVIL ACTION - LAW IN DIVORCE ..=, c. C:) ,,'-') -4 DENNIS SPICHER, () ~; s,.. ~1r--: -:;'" ~'I-- ill ~-~~ WAIVER OF NOTICE OF INTENTION TO REQUEST 8 ,-!.<C': ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c~b ......c:: OF THE DIVORCE CODE 3. * r~ , , 1..0 , ':~ ,-;;~- '( C) .,,,.... ~ ~~ ~'1-~ '---' -1 ?o -< -" u' , , 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 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 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 Fa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ()J ~1c-[,,----, /:), 4nro 'k!' ~ _"L _ Rita Spicher, Plaintiff ~~~ - ~~ ' -*" ~. ....",- tOfP1f RITA SPICHER, * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff * * VS. * NO. 2000 -549 Civil DENNIS SPICHER, * * CIVIL ACTION. LAW IN DIVORCE C) o ,- <..~~ -n () c: ",::::I. _s- uet' mrr'; ?:c WAIVER OF NOTICE OF INTENTION TO REOUEST ~5;; ..:, ENTRY OF A DIVORCE DECREE UNDER SECTION 330li~J -", OF THE DIVORCE CODE ~2 -. z ':;;! Defendant * ,'7"..t: c.., ;:1 .';~ ;J1 ,:?[!:f -~;,~' ,:;"~;rTf ~ $ -<C ,"-~ i'::> 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 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 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. Date: /0 - J 'Iou .' . , ',- '""~~_",L,._J..~.,,,~_.....,_" 1iiIiIriIIIioi_ , tOllilffi>IlO~~~_",,~J,i"~o'id-'~'~ - ..v.'~ Ui&l~Iii-"""-lA.'~ y~o~) - ~, - .- , ~ .... ..!. .. . ~- ..,.;);, j.;, ".1 .' I:,... .~ ~-. g ;;:::: :-:1J-OJ ~,~gj ..i' " ;r~ .'.~"..Y...'...~..' ~'~..- '. Q .:;;;~ ~ /" o o :;l!:: o ..c ~.) o ~ _A ;;l;:--.r; '_"C.:t~ -0"\.._" ~~~ g_o C:JF' '~ ..". ~ ".. :Jl: - - .- N CA) i I I ! 1 i , , , 1. .. ,') ,.., ~ " ",~" 'i'~"!"'''"''' , - - ~" _1 ' ~ 'TJ IT! C/) C/) o () )> r C/) ITI () C :0 ,., , 2 C S OJ ITI :0 .. '-- ~ ............ \ ~ I ~ ~ W - ~ ,'. . , ::z: c C/) OJ )> 2 CJ - C/) C/) o () )> r C/) ITI () C :0 ,., , 2 C S OJ ITI :0 .. '-- ~ ---- I It I -....j ~ "'-.I ~ . , ---"'=1." " ,,~"""'" --~ ~.~ 0",_ ~o,~L';@!,_~, RITA SPICHER, * IN THE COURT OF COMM~ PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYlVANiA * ~(j()() - o4-q ~ vs. * NO. * DENNIS SPICHER, * CIVIL ACTION - LAW Defendant * IN 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, 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, 1 Courthouse Square, Carlisle, Pennsylvania, 17013-3387. 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 d,;~'~" . ~. - ~.~~-" I _ ~ i.: RITA SPICHER, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANiA * VS. * NO. .;2 irU1.J . .5'1 r Civ:J, U-. * DENNIS SPICHER, * CIVIL ACTION - LAW Defendant * IN DIVORCE COMPLAINT UNDER !i3301 OF THE DIVORCE CODE 1. Plaintiff is Rita Spicher, who currently resides at 34 Mallard Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Dennis Spicher, who currently resides at 1112 East Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on June 1, 1974. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The 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. " ~ ~"._-. , - COUNT I. REQUEST FOR A No-FAULT DIVORCE UNDER 93301 (c) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. 10. 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. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT II. REOUEST FOR A No-FAULT DIVORCE UNDER 93301 (d) OF THE DIVORCE CODE 11 . The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301 (d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code. "I__~_~"~~_""'_~~ M~_~ o~ ,- I.. ~ O.J....... -, wzimt .~ tr~)- COUNT III. REOUEST FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER B323, ~3501, ~3502 and ~3503 OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 15. Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT IV. REOUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 16. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 17. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 18. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. ,..k1 '-"""'"~",,,,=, ,<,-~~. -- , 19. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce code, the Court approve and incorporate such agreement in the final divorce decree. Respectfully submitted: EDWARD J. WEINTRAUB, ESOUIRE 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 ID #17441 A HORNEY FOR PLAINTIFF Oated:J -? /- oL) '.'~."~dig,',,:__ I' " Iii i" " I,: i 1 I. , " !~. I':, I I' " \' ~ "-" " . 1't - ->-:ll1iill.- , . VERIFICATION I, Rita Spicher, hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. i Date: //J?)tJD , ~L .J. ~/i,,- RITA SPICHER, Plaintiff ~* .. ;.-~~. ' "'- ,- ~'~iIi!imiilil\ii.;d~-"'"7.r-"'II(.llj~' "'--.,~- . [1iI'- , ~'- A ~~ , ~ ~ ~ I- "'-J ~~ .t ---. -, U-' ~ ~ \.V Sc;, ':?J ~ , J- ~ , '_"""~lk" . Q <:", ~ -oFf'i nl t~~l ~~ !<:C' :3>r", ;So )>c Z ~ -- ~-i I I I ~ C) C) ~::? " ,- J;..."" ;~ :.--:J i",.-...:' I~'" "_ ~-,; ~_::7 , , :-,-,:~~~ ~~?, -,> jJ -< L) ~ -C'" ~.. c- o:> , - -~ ~~"'" . , RITA SPICHER, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY ,PENNSYlVANIA * VS. * NO. 2000 -549 Civil * DENNIS SPICHER, * CIVIL ACTION - LAW Defendant * IN DIVORCE CERTIFICATE OF SERVICE I. Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on February 2, 2000, I served a true and correct copy of a Complaint in Divorce filed on January 31, 2000, upon Dennis Spicher Defendant by depositing same, postage pre-paid, certified mail, restricted delivery, return receipt requested in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Dennis Spicher 111 2 East Lisburn Road Mechanicsburg, Pennsylvania 17055 Date: J.- ,;1-ocJ ~~o.~ Misty D. Lehman ~"Illl.i. ""~l ~"""""""'""'-~""'~.!!!mi_!!lliillll~~-".O , "'~jllll .. ~ ~ o ~ -oe6 nTr:'.; 2fY ~:z~ r;c: )> Zc ,~ :c:...:c~: z ~ . o o .,., llill :~ : o -n i"i CO I .-J -~ dl:.':: -)m ~d :.c i --...?(-) c~~~{ --:~l '~> X~ -<. ~-; \9 a f0 fi ~. -- . -....'"".i."'" " . > RITA SPICHER. * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY.PENNSYLVANIA * vs. * NO. 2000 -549 Civil * DENNIS SPICHER. * CIVIL ACTION - LAW Defendant * IN DIVORCE AFFIDAVIT OF SERVICE i Ii, COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF AND NOW, this 15th day of February, 2000, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Misty D. Lehman, who being duly sworn according to law, deposes and says that on February 2, 2000, she mailed a certified copy of a Complaint in Divorce by certified mail, restricted delivery, return receipt requested, to Dennis Spicher and the same was received by him on February 7,2000 as indicated by the return receipt card which is attached hereto. ~ O.~~r-.J Misty D. Lehman . -1:) .,' _ ..,'- _ : ,"_ _ 1 aJ!Idler2for~tlonal88rv1G88. J ,1loDijlMla,1,""" a, ... ..d 4b, . I. "':f'l."'.Print your nama and address on the reverse ofthis form so that we can retum this ': _ card to you. QAnach this fonn to the front of the mallpiece. or on the back If space does not permit. (I -Write-Retum Receipt Requested- on the mailplece below the article number. '.. -The Retum Receipt will show to whom the article was delivered and the date 'i dailverad, . Consuij postmaster for fee. ,. 3. Article Addressed to: , 48, Article Number . ~ ~1cJu..f ~ C' O-.)..}- . L.1~bJ.J<Y\. "'R.ood 4b. Service Type II \ 0. C- 0 Registered yY\~(u\1QwYc~\ PA 0 Express Mail ~etum ReceJp 70 rs- 7. Date of Dell I aIsl> wlslltl>,~ lhe' foUllwlng services (for an extra fee): '. j 1. 0 Addressee'. Address 2. ~ Restricted Delivery f J , !l ~ ~. Received By: (Print Name) l Jl ~~, ~ 1<' ~-' " :. ... .. .. r:. + ~.. ~- ""'... ~~~!!I!i!l.'!~~~~ , ~~ ~~'"~ I"~<'>':' ~~"~~ ~~_.- ',I . . ~ ;, ~;~U "I -c H "' n~i ,,' z: -', ~:~ :." (!~'- C] ~, ," "-..J ? CJ > ;2 ~- Z '-" < .0 :< (' ..~, I!" ~~~- ". ~ ~ -""",, "" ,.., ""'-'-'= ~1lI"""._ ~_~i,i,,":,: .~ RITA SPICHER, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY ,PENNSYLVANIA * V8. * NO. 2000 -549 Civil * DENNIS SPICHER, * CIVIL ACTION - LAW Defendant * IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 31, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. 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: (!J~ /~ ,:Jd7JD )(3~ ~ Rita Spicher, Plaintiff '.- ... ,J"~ ' .'AJ" ~'.'~"> HillBLilIIiiJiIItlMll~'!lIl-JlUJ~~ji;iMi'd" . -~'" j iiol . .."~ ~~.'-_. ~".' .. (') ,- t.'"::) ~J C 0 -n S. 0 'D (L n rn f"j ^-. Z zt- '.0 (/)< -<.. ~C ~'l:J ;.~~-, ~8 ...::..,; :z: ^- -;J 5--:- -, (h -< ^i .. .-'- "-, ~~ ,"",",- --.- - ~.._"._I . , . RITA SPICHER, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY ,PENNSYLVANIA * VS. * NO. 2000 -549 Civil * DENNIS SPICHER, * CIVIL ACTION - LAW Defendant * IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE "',\ 1 . 1 consent to the entry of a final decree of divorce without notice. 2. 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. 3. 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. 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: (jJ~ JQ, 4000 ~,-4ad.-, Rita Spicher, Plaintiff . ,,'.' '~o ;--~ > ~. '~-" -~-~--:"--roo"~~-- firTi ~ ~"'''..' "_A ,.. -'- .....,..".>"'-"."~ l!lItjj;r."..~J .........~ . o ~:;; ~g ~f.: Z....}" '[;; ~;~ -<,/ ~C~ ~~~~: 5~c= z __I -< o c:> ~~ ~:1 " -";~ \.0 -:.,;..,? (.1''1 " . ,.,"" ,~ . = .~ ~ .....~ 06ti~,~_ ... s" *' . .' II RITA SPICHER. * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY,PENNSYLVANIA * vs. * NO. 2000 -549 Civil * DENNIS SPICHER, * CIVIL ACTION - LAW Defendant * IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 31, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. 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: Ioj;~v Qh Den~Pi er, Defendant -_li!ilIIliIIiimr1 . ~,--- , "- ~ ~ '" .. 0 C) C) C 0 -,"'I :S: ..,.. m, -Ow ~-S l] rnfY! "....::::: 2:;:') I ~~ ;;:;;t;~: ~2'.~ -.J ,-c -n :,s: ;:0 .-" ~~-f~ -0 )>c: ,_....; -" '" ~ <=> ~ ....... _." " ,I '",", " ..1' ,. '" .. r It RITA SPICHER, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY,PENNSYLVANIA * vs. * NO. 2000 -549 Civil * DENNIS SPICHER, * CIVIL ACTION - LAW Defendant * IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(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 concerning 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 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. 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: /0 -;:; 'f00 '-" -.--0 ~--~~ " . .'" ~~.il<I-"""'~s= - ~ """-'~...w" - ,'" - ~j,,"~~:' ~ l~ . . 0 C> C) C 0 ~n s: Z "'U OJ 0 g~ mrn "'" Z"'"l ZC;; -' ~'/~- i~1(~ !;20 -U '-'I ~8 ::Jl: g~ - >c .. .-1 ~ ;S <::) -< . .,' II ,I ii Ii I' Ii Ii I I, I' Ii I! " I .