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HomeMy WebLinkAbout00-00962 ~. ::~:.c():c~;:"xc~~:~..x::::!::.:!::::,*::.:(:~!::.:x::,<C.;.;:::'!3t+;::~,!"(::!3E!~:>-::C!;;:')3E(:;!::.::!;::-)::C!;;:,:~.(~!:C+;;:)PXXC!;:::::;3::!;y*$)'::C?i~~&~'_tX:.~!::.~~(::!>>>;E:!::.>2<c!;]:~!::*.g" ~ ~ M ~ ~.s v__ ~ ~ " ~ ~ IN THE COURT OF COMMON PLEAS ! * . ~.~ ~ A a ~ s I,: ....--------- ----.----- ..---.....---..-- $ Prothonotary , 'Ii $ ~ ~ ~ ~--~~-----~~~~--------~~@~~~~-~ 'v' . ~.~ ~i: ~ ~.S ~ ....,' ~ !".~ ~.~ ~ '.",' a "'.' ~ ".-" ~ ~.~ ~ ~.~ s ",.-" ~ ~.~ S ~ ~ ?~ ~ -".". w ~.~ ~.; ~ :<1 jlf~ , .",- ;.$ a ~.~ ~ ~ "'.~ '-.,,- . n a ~.~ ~ ~.~ ~ ~ ~~ ~.; ~ ~.'< ~.~ ~ to.; ~ ~:~ ~ ~ "'< OF CUMBERLAND COUNTY STATE OF PENNA. PATRICK J. MADIGAN, Plaintiff N o. ....,~.6.,2..........., ..~~.Y,~,~., ~ 2000 Versus LEAH M. MADIGAN, Defendant DECREE IN DIVORCE /,"'CoA,,M ~ -:t 0,.;0 . AND NOW, .......~.~...~...... .J,~...:, it is ordered and decreed that........ .~~~~.I.~~. ~:. .~~?~~~~..................., plaintiff, and. . . . . .. .. .. . . . . .. . ~~.~~. ~:. .~~~.I.~~~. .. . . . .. . . . . . .. . . . . ", defendant, 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; THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED JUNE 13, 2000 .......................................................................... , IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. .............. ...........'. .... -,............................... ..... ..... By Th Attest: ~ ~ ~.~ ~ N ~ ';"; ~.~ I >A ~ ~.~ ~ ~.~ ~ ~ ~.~ ~ ~~~ ~ ~.; ~ ~ i li'.~ ~ ~~ ~ N * ~ ~~ ~ N * ~}, k~ ~ ~~~ ~ I li'." ", ~. W. li'.~ ,H, ~'s ~ ~.~ ~ ;.; ~ ~ ~.~ ~ ~.~ '. ~ ~.~ ~ '.~ J. ~ 'i c;~.&;J w-~.~~'4~ ~o<I!&7 ?1.da~;0~, t__'",O_". - -~ -~ ~ - ., 1 r<'" " ~~""",,,," >_~I. "', I!!!IIIIJ,I!l MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this / g11f' day of ~NC ,2000, by and r i i: , i. .- i' .- I", i I ,,,' ~1 I' ", i, I' I>, [ [ ~. I , I " PATRICKJ. MADIGAN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2000-962 CIVIL TERM LEAH M. MADIGAN, Defendant CIVIL ACTION - LAW IN DIVORCE between Leah M. Madigan, hereinafter referred to as "Wife", and Patrick J. Madigan, hereinafter referred to as "Husband," WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on July 19, 1997, t L WHEREAS, Husband has instituted divorce proceedings in the Court of Common f'. \' I I I; i'i I~ and have been separated since December 11, 1999; and, Pleas of Cumberland County to No. 2000-692 Civil Term by complaint filed on February 18, 2000; and, WHEREAS, no children were born of the marriage; and, WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and the parties have decided that their marriage is irretrievably broken, and it is the intention of the parties to live separate and apart for the rest of their natural lives. The parties are therefore desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation: the ownership and equitable distribution of all property owned by the parties; 1 i'l II _ ^ ,,'0 " and the settling of all related economic claims including but not limited to spousal support, alimony and alimony pendente lite; and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, each party is fully familiar with the all of the property owned by the parties and each party acknowledges having sufficient opportunity to investigate and evaluate the property owned by the parties, and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code, NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, the parties, intending to be legally bound hereby, do covenant and agree as follows: 1. DIVORCE The parties agree to the entry of a Decree in Divorce pursuant to Section 3301@of the Divorce Code. Both parties shall execute and file the requisite Consents and Waivers with the Court contemporaneously with the execution of this Agreement. Husband's attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay. Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void, 2 II . "' <.~'"'" ,., ,,~., .'"_ .C,;".'''',~''' '. 2. INCORPORATION BUT NOT MERGER INTO DIVORCE DECREE This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified, 3. ADVICE OF COUNSEL Wife has chosen to be unrepresented in this matter, and she understands her right to seek the advice of legal counsel of her choice to assist her in this matter and to explain to her rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support, Husband is represented by Michael A. Scherer, Esquire, who is his separate legal counsel and he has been advised of his respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. Husband and Wife acknowledge that each of them has read this Agreement and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act. 3 II ---.," ;'1 ij " II ,', 4. TANGIBLE PERSONAL PROPERTY " ii !i " , :' Wife shall become the sole owner of the 1996 Acura which is presently titled in joint names, and wife shall sell the vehicle or refinance the indebtedness on the vehicle within 120 days in order to remove Husband from the liability on the indebtedness. Until such time as the automobile loan is paid off or refinanced, wife shall be solely liable to make the payments on the car loan. Aside from the foregoing, the parties have divided between " t.i " h i1 them to their mutual satisfaction all items of tangible personal property which had '1 lJ property in the possession of the other, Each party will execute any and all documents :] " , , " !J " 'j heretofore been used by them in common and neither party shall make any claim to such necessary to effectuate the transfer of ownership of any items of personal property titled in both names as set forth above, 5. OTHER PROPERTY DISTRIBUTION PROVISIONS A. REAL ESTATE: The marital residence is located at 523 Lamp Post Lane, Camp Hill, Pennsylvania. The parties purchased the marital residence in 1998 and believe there to be very little equity in the home, especially ifthe home were to be listed with a real estate broker and sold on the open market. Husband shall become the sole owner of the marital residence and Wife shall, concurrent with the execution of this agreement, sign a Quitclaim Deed transferring all her right, title and interest to the real estate located at 523 Lamp Post Lane, Camp Hill, Pennsylvania, to Husband, Husband shall refinance the mortgage on the marital residence within 120 days in his name alone. Until such time as the indebtedness on the marital residence is refinanced in husband's name alone, husband shall be solely responsible to make all mortgage payments, pay taxes and i " utilities, and pay any other costs associated with owning the home. 4 II -'] ,.. B. WAIVER OF RETIREMENT BENEFITS: Wife earned retirement benefits through her employer, PCS Health Systems, during the marriage. Husband hereby expressly waives any right to claim any pension/profit sharing/retirement rights of wife, vested or contingent, and wife shall retain full ownership of such rights as her sole and separate property. Husband earned retirement benefits through his employer, Nationwide Insurance, during the marriage. Wife hereby expressly waives any right to claim any pension/profit sharinglretirement rights of husband, vested or contingent, and husband shall retain full ownership of such rights as his sole and separate property. C. INTANGIBLE PERSONAL PROPERTY The parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, pension and retirement rights, whether vested or contingent, and all other such types of property. The parties hereby agree that all such intangible property presently in the possession of or titled in the name of Husband shall be his sole and separate property, and that in the possession or titled in the name of the Wife shall be her sole and separate property. 6. DEBTS AND OBLIGATIONS Husband shall be solely responsible for the personal loan in both parties' names with Philadelphia Telco Credit Union. Except as herein otherwise provided, each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation, including credit card debt, for which the other may be held responsible or liable. Each party agrees to indemnify and hold harmless the other from and against all !. 5 ,'. such debts, liabilities or obligations of any kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement. 7. INDEMNIFICATION Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms ofthis Agreement and neither ofthem shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred. 8. EQUITABLE AGREEMENT Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Husband and Wife do hereby mutually release, remise, quitclaim and forever I I i I , I I . , I Agreement. 9. MUTUAL RELEASES discharge the other and the estate of the other from any and all claims either party has 6 II " """.j I! Ii Ii ,j 'J :1 now, ever may have or can at any time have against the other or the other party's estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the other party, arising by way of widower's right or under the Intestate Law, arising by any right to take against the Will of the other party, arising out of the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising from anything of any nature whatsoever, excepting only those rights accorded to the parties under this Agreement. 10. BREACH If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as part of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court, 11. COMPLETE DISCLOSURE The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived, !i 7 II .' . " 12. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 13. MODIFICATION This Agreement is subject to modification only by a subsequent legal writing signed by both parties. 14. AGREEMENT BINDING ON HEIRS This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 15. CONTRACT INTERPRETATION For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was drafted and prepared jointly by their respective counsel. 16. SEVERABILITY AND INDEPENDENT COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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 and effect. 1, 8 II . . _:J'" . . 17. COSTS AND ATTORNEYS' FEES Neither party shall reimburse the other for any court costs or filing fees associated with this case, and each party shall be responsible to pay his or her own attorneys' fees. 18. LAW AND JURISDICTION APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 19. OTHER DOCUMENTATION The parties agree that they shall within ten days of the date of this Agreement execute any and all written instruments or documents required to effectuate the terms of this Agreement. 20. WAIVER OF ALIMONY Husband and Wife do hereby waive, release and give up any rights which either of them may have against the other to receive alimony or other post-divorce spousal maintenance or support. ,~~ M~f4~A.vi I I II 9 ., " "."'.-l -~,-,'::' - , , . , '. t, . . I' A ~ COMMONWEALTH OF Ii fLl z..oN-A. COUNTY OF '71tA {L, (jDf-lr 55. AND NOW, this /3 ~ay Of~, 2000, before me, the undersigned officer, personally appeared, Leah M. Madigan known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. to.. _.. ,-.. r ,,~,,_. --:~.~>~----~--,,~ ~- ~,'--, '..,',"..,' . OFFIC1ALSEI!.lc , ' . PATRICIA A. SUlTON , ,.' NOTARY PUBLIC, -ARlZONll c MARICOPA COUNTY MYCQrnm, l'l<PJres JUrlQ 7, 200:! COMMONWEALTH OF 55. COUNTY OF AND NOW, this /'0 day of A J J1 n J, 2000, before me, the undersigned officer, personally appeared Patrick J. M~;~~~wn to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. . Notarial Seal ' . i:~~~r S. lindsay, Notary Public M e B~ro, Cumberland Count Y CommissIon Expires Nov, 29, 2603 Member, PennsylvaniaAsSOCiationolNotanes "" I ! : I rnas.dlr/dornestlcldlvorceJrnadlgan2.agr . .' '. ... .'\. . ' '.I,. ,;>;. *;, !i n ~ () s:; Cj " ~~. \."J " rn I Z :)J ("7'; , ~ (y; "< '-'j r< l~' ,~ '""'1") ~, ~ (--, ~_:.... ' , c) 0 -~ ,- )> 1);' ;:;)fT1 c: ::--i Z 01 >' ~ :0 -.I -< ,0 , 1 PATRICK J. MADIGAN, Plaintiff v. IN THE'COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2000-962 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE LEAH M. MADIGAN, Defendant 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) of the divorce code. 2, Date and manner of service of the complaint: Service upon the Defendant via certified mail, restricted delivery on March 6,2000, 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301 (c) of the divorce code: by the plaintiff June 12, 2000 by the defendant June 13, 2000 (b) (1 ) Date of execution ofthe plaintiff's affidavit required by Section 3301 (d) of the divorce code N/A (2) Date of service of the plaintiff's affidavit upon the defendant N/A 4. Related claims pending NONE 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A (b) Date plaintiff's waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: June, 2000 Date defendant's waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: June, 2000 ~cf~ Michael . Scherer, Esquire Attorney for Plaintiff, Patrick J. Madigan illllrlf 'v --, 0_,' ,-~ -""'.......' , " ---~- ;.," ';: "o_r.'__' ."- ~ (") Q i;:J c: 0 ~n ~ t_ 'V 0::' C= -n ITln'-, :;z eo;.::: ~~; IT! (.T: '- -" r::o --0 ,~).C/; <::: g~ ~o ::t: 50 r;? c ::::., :z :11 55 ~ (P -< -~ , -~ .. , . .. PATRICK J. MADIGAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000- 9/,'J... CIVIL TERM LEAH M. MADIGAN, Defendant CIVIL ACTION-LAW 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 agatAsl}tQu 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 at the Cumberland County Court House, Carlisle,. Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 i ~, , .".,,"' , ~l .. PATRICK J. MADIGAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 2000- 9(,..2. CIVIL TERM LEAH M, MADIGAN, Defendant CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301 (C) AND 3301 (0) OF THE DIVORCE CODE 1. Plaintiff is Patrick J. Madigan, an adult individual who currently resides at 523 Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania. 2, Defendant is Leah M, Madigan, an adult individual who currently resides at 6980 East Sahuaro Drive, #3065, Building E, Scottsdale, Arizona 85254. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 19, 1997 in Downington, Chester County, Pennsylvania, 5. There have been no prior actions of divorce or for annulment between the parties, 6. The marriage is irretrievably broken. 7, The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in Counseling, I i - 8. Plaintiff requests the court to enter a decree of divorce, WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~t~uire 1.0,# 61974 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff mas.dir/domestic/divorce/madigan.com # - ~j1 ; Ii ~) l\; n I I II "-i I: " Ii :1 u f1 I'; IJ :1 ~ ~j " ~j II " )i I 'I [1 VERIFICATION I verify that the statements made in this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa, C.S. 94904, relating to unsworn falsification to authori ' Date: ct::> " fi ;; i'i 'I ;'i ::1 I, " 11 I' I: i:i (1 I;; H ~i 'I ',1 " H :i ;1 ~ , H ~ l I II I I' ,I ~ " I I ~ .. .;. . ;. /" '-' q () O:l > ::0 1: ;:;; '" :z ~ ~ ~ s: '" z ::0 0 '" c=; ~ ~ -< i'\ ~ < .. c: > Vl Z g S; " ,.,., 0 .1:; W ::0 p ~ r> (') C) /\:> c .c:: ~ --=s- < -" +.cg "T}[' '. r?'1 =l!- 52~~-! CO ' -<... 2~~' C *' (,o~ ~ G? CD 0 ~;:' '" ~ g..- -.,'., ~ <c 5~~J (l) ~ iC ~ -'~4 -.:; (:) ~ (b 'C j:J ~: )" ~ . . PATRICK J, MADIGAN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-962 CIVIL TERM LEAH M, MADIGAN, Defendant IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on February 18, 2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 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 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling, I do not request that the court require counseling. 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 authoritie . Date: 6/JJ-)00 I II (') c ?: va.::: I11rT' Z::r.::, t5:-: ~~i ._.c, j:; ,"'~ -'.l...J ~O Pc: ?" :< o o '- c: ."'- ~;? " .'-":.; " 'c ,"I !~3 ~i~ '~:,~~; ':_)(~ (::sri( -J, '> ~TI -< <..I; -0 :1".: N .. ':.n -.J . .. . PATRICK J. MADIGAN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-962 CIVIL TERM LEAH M. MADIGAN, Defendant IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on February 18, 2000. 2. Defendant acknowledged receipt and accepted service of the Complaint on March 6, 2000. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4, I consent to the entry of a final decree in divorce without notice, 5. 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, 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling, I do not request that the court require counseling, 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. duL 11/- ~dAU LEAH M. MADI AN Date: 0&-/3 ./JIJ I i II lIii '< H','p .,., '" ~. c~". ,~-~ ,~' ,,- - r 0 C'" ~~~ C C' ~ '-_ -vel':; ~ rnrr 'E Z::L ZC' {I- ";':':: ~~~t " , - , - s;::c; ......." -,--" ',~,-:tj ~c -;;'-'~ ;~~ F~, .....u ".l J;>c ." ;::; Z :fI .". :.::: :;rJ .....J -< m\ ....-".. ... SENDER: I: . Qomplete items 1 and/or 2 for addlUonaf ,sentlces. . .~I~~s~,,4a,arJd4b. ,_ . , i ,I .:m loo~~am..and, . address on the reverse '01, this lonn so.,tha_t w,e _can return this I 'I . Attach this 10nn to the front of the mal1plece. 0 e .does not 1,- .{:~~Retu~/pt Request8cr on the (loW" .. .-tumber. . Th~-Retum lTeCSlpt wUl show to whom' . . date ,delivered. ,- i.L.;;ihem~sse~~.iqan ~ fMW East Sah'davo 0D~S f)t1itdil'"!q ~ , 'm~ Rrrz.DnQ ~5CA54- 5. Received By: (Print Name) I -also wish to receive the following services (for an extra fee): '1 1. 8 Addressee's Address I 2, 9\ Restricted Delivery 1 Consult postmaster for fee. 'Ii. J I f s ! ! 1~ ~ Cerlifled D Insured DCOD ~ " o .. Ii t! Hi anRrm'il1!tlll urn Receipt l'_Ui'tW ~' .', <1",,- _, ~ '. .~-,,~,,_ '_, c PATRICK J, MADIGAN, Plaintiff v. LEAH M. MADIGAN, Defendant . - . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2000-962 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Michael A. Scherer, Esquire, attorney for the Plaintiff in the above-captioned divorce action, do hereby certify that I served a certified copy of the Complaint in Divorce to the Defendant, as per the attached U.S, Postal Service Certified Mail, return receipt card. DATE: C, .lS-.oo . iI O'BRIEN, BARIC & SCHERER BY ~d{,At-, Michael A. Scherer, Esquire r "'. ." 0:~; ~'L-' _~~ __. __.~ J , "~- , """'"""'~~ " ,_.. ''"._&1;;",-'_:;' " "... :;. - ",~ .--,,-~- " ~ ."._,"" _c '.4, Mv,v~,""'VH,"', o C :?' -oC(~ fTlr'" Z:J:,i ~c;: ~2_~ C:CJ j;C" Z .' ,=C~ )>C :2; ::<: , ,,', " ','. 'I o o o -n '"T~ --> ~ " ~:~~8 ,J L, ~i~ u ~ , S U1 '-V :;::; 1;? :J'1 ....J "