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Home My WebLink About00-01230 < ~:;";I;;;'_:' :::.::c~:: ';'.::.;;';::>>>::~:: ::'+::+::(>::.)( }::C!<)>>;{)::c.{:xc:.;:: )>>::~;:"::.:.::;';.: _.:.::C.( ',.=+::<< -::O::C;,;:':::+::c;,r',o>>)( :'.::.}<:i!~;:._::!::.::;':~:'Z')3:;'~-XCi(X.::iC~!::.},l':,~::.>;:>::_~::.::<:::!::.::!,::>::.::!;::::~+>>>r~:}, ~ . ~ x ~ I ~ IN THE COURT OF COMMON PLEAS ~ ~ ~ ~'S ~ ~ ~.;' ~ i ~.; ~ t '.' ~.~ * S ~ -".,' ~ ~.~ t ~.~ ~.~ * ~ a ~.~ ~.~ ~ ~.S ~ ~.; ~l s ,--, ~.~ ~ \'.<! ~-~ ~ ~"" ;..-~ ~ ~.~ , ~.; * ~ ;'.s ~ ~ ~ ~ ~ ~.~ ;"S ~ ~.; ~ ;..; ~ ~", ~ .,0,; i f:i ~ t~i ~ ~ I :r.t;".:':,OQ&", ~..,." " OF CUMBERLAND COUNTY STATE OF PENNA. uTIMOT.HLW.u .SMITH'u..m.u mU'U.uumum I versusPlaintiffmuu., II uu~UkM,u ~MIr~'uDe~~~~~~~ u:':,uu': I No. ,QQ::-.P}Q, q:Y:,lk,r,ERM DECREE IN DIVORCE AND NOW,.,. ,.,), r-.>ll" ;2,.~,.".,...." Jl:1l,2000., it is ordered and decreed that ,.".... r;rMQ'r~Y, ."l, , pMJ;'r~. . . , . . . . , . . . . . . , , . . . . " plaintiff, and.". J.I.LL, 1'1." .SMI.'r:f1.....",...,.,..,.....,.".,.",..,..", 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; . . , .T.he. Marriage. Se,ttlem.ent. Agr6!ement, hetwee.n .the. ,piir:t,i,es. .shalL , . . .b.El . j.P.c,QJ;'pp.r.qt~p.l. ,Ql,lt. ...1:1<11,1 .0010. .llIerg.e ,with. the. ,fina.1 .Dec.r.e6!. . in Divorce. :.:;;:r ~'. .oilm.., U.UUHU{JdUff:~~HUUHHU HUUHU ~O Prothonotary ~ ~ ~ N ~ :,:; its ~ i ~.~ ~.~ * ~.~ ~ ;..; I i ~.~ "." ~ trt ~.s ~ ~ ;,.". ~ ~:~ . ~~ i ~.~ ~ j S~ >;'~ ~ ~.~ '"." W ~.~ ~.~ ~ ,/~ ~.~ ~ ~ ~ \i'.~ ~.s ~ ~ ~.~ ~ '.' ~.~ ~ ~ ~.! ~ ~.~ ,..; ~ ~ '.' ~ '.' ~ '.' -:'.>>X ':,.::Co,;: :::.::+:>:;' "":C.;.. .::.::~._,::- .>>::0.,: :~.::.::.;,. :,.::.::.< ':.::.::"" "-'::+::...:" ~::.;'" ".::C', ~ ;:.::+::()::+::<:: '::+::",' >::~::":::}:.::":: >::.::.', -,"::.::'.,' ::-'::+::--::::'.::.::'-,: :-,.::.::~: $ -'-' r - , r ~ ., ,,_ -, " ., ,-',~'J"" '.. " ,." ~ ~",'.._ . , , ~ " L~_ ,~,~~~ _'--o,~",,; -,,,-, .. "<~"..., ~~_l-"'~w~ ~~L - ,. - - .-,,-.-, .-,-- ",""-:-,,,,' ^--"-j 7-d6'-aJ&vI~~~4 ~ "- "~-cz; ~ ~ -z ~' , "~ " '.- 60 - /;)26 CK\J <=y-~ MARRIAGE SETTLEMENT AGREEMENT By and between TIMOTHY W. SMITH -AND- JILL M. SMITH Dated: .filJruory c:2-1 ,2000 I~'"':- ,..- ,..V,',_, ,~ . INDEX PAGE 1. Divorce and Separation................................................................. 4 2. Division of Property..................................................................... . 4-6 3. Marital Residence......................................................................... 6-7 4. Income Tax Returns...................................................................... 7 5. Attorneys' Fees ............................................................................. 7-8 6. Student Loans ............................................................................... 8 7. Execution of Additional Documents ............................................ 8 8. Transfers Subject to Liens ............................................................ 8 9. Complete Listing of Property ....................................................... 8-9 10. Equitable Distribution of Property ............................................... 9 11. Relinquishment of Ownership ...................................................... 9 12. After-Acquired Property............................................................... 9 13. Debts ............................................................................................. 10 14. Bankruptcy.................................................................................... 11 15. Alimony........................................................................................ 11 16. Full Disclosure.............................................................................. 11 17. Releases......................................................................................... 11-12 18. Indemnification....... ........ ............... ... ............................................ 12 19. General Provisions ..... ..... ... ... ... .......... ... ....... ... ... ... .... ... .... ............. 13 20. Fair and Equitable Contents ......................................................... 13 21. Breach........................................................................................... 13 22. Independent Separate Covenants.................................................. 14 23. Void Clauses ................................................................................. 14 24. Execution of Documents.......................................................... ..... 14 25. Applicable Law ............................................................................. 14 26. Non-Merger... ......... .................... ..................... ......... ..................... 14 27. Disclosure and Waiver of Procedural Rights ............................... 14-16 28. Representation of Parties .............................................................. 16 Signature Page .............................................................................. 16 Acknowledgement Page ............................................................... 17 2 .",," _ ~ ~ ^. MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE tbis 629"f1.- day of {ehruary , 2000, by and between Timotby W. Smitb -AND- Jill M. Smitb, at Harrisburg, Pennsylvania. WHEREAS, tbe parties hereto are husband and wife, having been married on December 31, 1994, at Cumberland County, Pennsylvania. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between tbe parties and it is the intention of Husband and Wife to live separate and apart for the rest oftheir natural lives, and the parties desire to settle fully and finally their respective financial, and property rights and obligations as between each otber including, witbout limitation by specification: settling of all matters between tbem relating to tbe ownership and equitable distribution of real and personal property; settling of all matters between tbem relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or Husband by Wife; and in general, tbe settling of any and all claims and possible claims by one against the otber or against tbeir respective estates. NOW, THEREFORE, in consideration ofthe aforegoing premises and of tbe mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 3 i~ . , -~< .!'",. q. 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) oftbe Divorce Code of 1980. Husbandand Wife shall at all times hereafter have the right to live separate and apart from each otber and to reside from time to time at such place or places as tbey shall respectively deem fit, free from any control, restraint, or interference whatsoever by tbe otber. N eitber party shall molest tbe otber or endeavor to compel tbe otber to cohabit or dwell witb him or her by any legal or other proceedings, The foregoing provision shall not be taken to be an admission on the part of eitber Husband or Wife oftbe lawfulness or unlawfulness of the cause leading to tbeir living apart. A reconciliation will not void the provisions of tbis Agreement. 2. Division of Property. Husband and Wife agree tbat tbe following constitutes an equitable distribution of tbe marital property: A. The following shall become the sole and exclusive property of Husband: 1. Husband shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 40lK plans and/or any and all otber employment benefits, which he has accumulated during the course of his past or present employment. Specifically, Husband shall retain his 40lK plans with Merrill Lynch and Principal Financial, as well as his Roth lRAs. 2. Husband shall retain his bonus which he anticipates receiving in the year 2000. 4 ;. , '. ~. I -c''t''~~,- _- ''',' --'_'"",,, e,_, n , ,-,. ~ - - ~,,-~ 3. Husband shall retain his 1999 Audi A4 and shall be fully responsible for any liens and encumbrances tbereon. 4. Husband shall retain the life insurance policy which is held in his name. 5. Husband shall retain his wedding band. 6. Husband shall retain his 2 marimbas. The parties further agree tbat Husband shall pay to wife tbe sum of $4,000.00 representing her one-half share interest in the marimbas. Said money shall be paid to wife witbin 2 days of the date of tbis Agreement. B. The following shall become the sole and exclusive property of Wife: 1. Wife shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 401K plans and/or any and all other employment benefits, which she has accumulated during the course of her past or present employment. Specifically, Wife shall retain her retirement with the Pennsylvania State Employee's Retirement System, as well as her Roth lRAs, 2. Wife shall retain her 1999 Isuzu Trooper and shall be fully responsible for any liens and encumbrances tbereon. Wife shall take tbe necessary steps to remove Husband's name from her automobile loan. 3. Wife shall retain her life insurance policy held in her name. 4. Wife shall retain her engagement/wedding rings, 5 -" C. The parties acknowledge tbat they are the owners of a Schwab Money Market Account in tbe approximate amount of $15,300,00. The parties agree that tbey shall immediately close tbe account and equally divide tbe proceeds. D. All personal property in the possession of each party as of the date of execution of tbis Agreement shall remain the sole and separate property of each party respectively. E. The parties acknowledge tbat tbey have each made to the other a full accounting of their respective assets, estate, liabilities, and other sources of income and based tbereon tbey mutually agree that tbe property listed above constitutes tbe entire marital property. 3. Marital Residence. It is hereby acknowledged tbat tbe parties are the owners of real estate located at 115 South 16th Street, Camp Hill, Cumberland County, Pennsylvania 17011, It is further acknowledged that a mortgage exists on tbe home owed to GMAC in tbe approximate amount of$105,000.00. The parties agree that the marital home shall be listed for sale with a mutually agreed upon real estate agent at a mutually agreed upon sales price. It is the intention of the parties that tbis property is sold quickly, and tberefore tbe parties shall consider and accept any and all reasonable offers. Further, tbe parties shall cooperate with tbe recommendations of the real estate listing agent to effect a speedy sale of tbe property, Upon sale, occurring within six montbs of tbe house listing, tbe parties agree that the mortgage shall be satisfied and tbe parties shall equally divide tbe net proceeds from tbe sale oftbe home. The parties agree that Wife shall receive no less than $10,000 from net proceeds regardless of tbe time of sale. In the event tbe house does not sell within six months of the house listing, tbe 6 I . <, , . -" . , parties agree that Husband shall have the option of retaining the home and paying to Wife the sum of$IO,OOO representing her equitable share in tbe home. Pending the sale oftbe marital home, Husband shall enjoy exclusive possessive possession oftbe home and shall be responsible for the monthly mortgage payment and normal expenses incurred tbereon. In the event any major maintenance/improvements are necessary in order to sell the property, tbe parties agree they shall consult with each other and equally divide tbe costs of said improvements if those improvements are mutually agreed upon. 4. Income Tax Returns. The parties hereby agree to file joint federal and state income tax returns for the year of 1999. The parties further agree that tbey shall equally divide any return or tax obligation which is incurred relative to tbeir 1999 income tax returns, 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 indemnif'y and hold harmless tbe other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection tberewitb. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on tbe aforesaid joint returns. 5. Attornevs' Fees. The parties acknowledge that they have and will incur attorneys' fees in tbe execution of this Agreement and finalization of their divorce 7 "' --, ,"-~-, . - dO__' action. The parties agree tbey shall equally divide the costs of botb of tbeir attorneys' fees and tbe filing costs incurred relative to tbe resolution of their divorce. 6. Student Loans. Husband and Wife acknowledge the existence of student loans in Husband's name, which were incurred prior to tbe parties' marriage and student loans in Wife's name which were incurred prior to and following tbe parties' marriage. The parties agree tbat each shall be fully responsible for tbeir respective student loans. 7. Execution of Additional Documents. The parties agree to each sign Affidavits of Consent upon the expiration of ninety (90) days following tbe filing and service oftbe Divorce Complaint. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish tbe aforesaid division of property. 8. Transfers Subiect to Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to tbe existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless tbe other party from any claim or liability that such otber party may suffer or may be required to pay on account of such lien or encumbrance. 9. Complete Listinl!: of Property. The parties represent and warrant to each other tbat the property described in tbis Agreement represents all of the property in which tbey have any right, title and interest, and that such property is subject to no 8 . (if ---,-, ~ -- " mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 10. Equitable Distribution of Propertv. By this Agreement, the parties have intended to effect an equitable distribution of tbeir jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by tbe parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting a part of the marital estate. It is tbe intention of tbe parties to treat all transfers of property herein as non-taxable. 11. Relinquishment of Ownership. Except as provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 12. After-Acquired Property. Each of tbe parties shall hereafter own and enjoy independently of any claim or right oftbe other, all items of property, be tbey real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, witb full power in him or her to dispose ofthe same as fully and effectively, in all respects and for all purposes as though he or she were unmarried, 9 ~ , .,-^- " 13. Debts. A. Husband and Wife agree to be responsible for tbe joint debts of the parties as follows: Husband shall be fully responsible for his automobile loan incurred witb PSECU, Wife shall be fully responsible for her automobile loan with PSECU and shall take the necessary steps to remove Husband's name from said loan, The parties further agree tbat tbe mortgage relative to the marital home held by GMAC shall be paid from the gross proceeds from tbe sale of the home. Pending the sale, Husband shall be responsible for the monthly mortgage payment as more fully set forth in Paragraph 3 above. B. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of tbe parties hereto further promises, covenants and agrees tbat each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as tbe case may be, and from all actions, claims and demands whatsoever with respect tbereto, and from all costs, legal or otberwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of tbe date of tbis Agreement, contract nor incur any debt or liability for which tbe other or his or her property may be responsible, and shall indemnifY and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to tbe contrary herein. 10 ',c~_., ' -, ^.. 14. Bankruptcv or Reorl!:anization Proceedinl!:s. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In tbe event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the otber party shall have the right to terminate this Agreement in which event tbe division of tbe parties' marital assets and all otber rights determined by tbis Agreement shall be subject to court determination tbe same as iftbis Agreement had never been entered into. 15. Alimony. The parties mutually agree to forego or waive any right to alimony, alimony pendente lite, and spousal support, 16. Full Disclosure. The respective parties do hereby warrant, represent and declare that he and she have made a full and complete disclosure to tbe other of all assets of any nature whatsoever in which such party has an interest and any furtber enumeration or statement tbereof in tbis Agreement is specifically waived. Each party agrees that he or she shall not at any future time raise such a defense or otberwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure tbat may have been fraudulently withheld. 17. Releases. Each party does hereby remise, release, quitclaim and forever discharge tbe otber and the estate of tbe other from any and every claim tbat each otber may now have, or hereafter have or can have at any time, against tbe other, or in and to or against the otber's estate, or any part tbereof, whether arising out of any former 11 ~, .~ , ',7"- contracts, engagements or liabilities of the otber, or by way of dower or claim in the nature of dower, widow's rights, or under tbe intestate laws, or tbe right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement or as otherwise stated in tbis Agreement. 18. Indemnification. Each party represents and warrants to tbe otber that he or she has not incurred any debt, obligation, or other liability, otber tban described in this Agreement, on which tbe otber party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend tbe other against any such claim or demand, whetber or not well-founded, and that her or she will indemnify and hold harmless tbe otber party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and otber damage, including without limitation, counsel fees and otber costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing tbe imposition tbereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to tbe other in tbis Agreement, any breach of the warranties made by Husband or Wife to the otber in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the otber prompt written notice of any litigation threatened or instituted against either party which might constitute tbe basis for a claim for indemnity pursuant to the terms oftbis Agreement. 12 - ~,--- ,.<"-' , 19. General Provisions. 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 otber than tbose expressly set forth herein. 20. Fair and Equitable Contents. The provisions ofthis Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges tbat he or she has received independent legal advise from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts tbat this Agreement is, under tbe circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and tbat execution of this Agreement is not the result of any duress or undue influence and tbat it is not the result of any collusion or improper or illegal agreement or agreements. 21. Breach. It is expressly stipulated tbat if either party fails in tbe due performance of any of his or her material obligations under tbis Agreement, the other party shall have tbe right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any otber legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by tbe non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 13 ~ '<' """'~ , , ~ - ~" - 22. IndeDendent SeDarate Covenants. It is specifically understood and agreed by and between the parties hereto tbat each paragraph hereof shall be deemed to be a separate and independent Agreement. 23. Void Clauses. If any term, condition, clause or provision of tbis Agreement shall be determined or declared to be void or invalid in law or otberwise, tben 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, 24. Execution of Documents. Each party shall on demand execute any other documents tbat may be necessary or advisable to carry out tbe provisions of tbis Agreement. 25. ADDlicable Law. This Agreement shall be construed under the laws oftbe Commonwealth of Pennsylvania. 26. Non-Menzer. This Agreement shall not merge witb any subsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. This Agreement shall be incorporated for the purposes of enforcement only into any Decree in Divorce which may be entered with respect to tbe parties, but shall not be deemed to have been merged with such Decree, 27. Disclosure and Waiver of Procedural Rights. Each party understands that he or she has the right to obtain from tbe otber party a complete 14 -'", - "". <'- - ,~ -,., Inventory or list of all property that eitber or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otberwise. Botb parties understand tbat they have tbe right to have court held hearings and make decisions on tbe matters covered by this Agreement. Botb parties understand tbat a court decision concerning tbe parties' respective rights and obligations might be different from the provisions oftbis Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the otber or by any otber person or persons upon either party, Botb parties hereby waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an Income and Expense Statement of the otber party as provided by tbe Pennsylvania Divorce Code, c. The right to have property identified and appraised. d, The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e, The right to have tbe Court determine which property is marital and which is non-marital, and equitably distribute between tbe parties tbat property which the Court determines to be marital, and to set aside to a party tbat property which the Court determines to be that party's non- marital property, 15 ~I -' . ~ ',,' ,~ , ' , f. The right to have the Court decide any otber rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite, equitable distribution, custody, visitation, and counsel fees, costs and expenses. 28. Representation of Parties. The parties have mutually worked out tbe terms of this Marriage Settlement Agreement. Husband has been represented by Kristin R. Reinhold, Esquire. Wife has been advised of her right to retain an independent counsel to represent her in this matter, however, being so advised tbat she is entitled to independent legal counsel, she hereby waives her right to the same, IN WITNESS WHEREOF, tbe parties hereto have set their hands and seals the day and ear first above written. (l!J1YJrih Ji M, Smit 16 -.-, " 0 ~ ~ COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On tbi~ay of 12.bn.Aa* ' 2000, before me Subscriber, a Notary Public, for the Commonwealtb of Penn lvanla, came Jill M. Smith, known to me or satisfactorily proven to be the Wife in tbe afore going Marriage Settlement Agreement. - 9Ii. m ~ Ji M. SmitliJ Witness my hand and Notarial seal, tbe day and year aforesaid, otary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Nm:AB!AL SEAL R5NEE DRElS8ACH, Notary Public City of Mm,;_,g, Dauphin County My Co,"",i_"PiJesNov. 30. ,2002 SS: COUNTY OF DAUPHIN On thi~16aay of illtufl '!;it , 2000, before me Subscriber, a Notary Public, for the Commonwealtb ofPenns vania, came Timotby W. Smith, known to me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement Agreement. Timotby W, Witness my hand and Notarial seal, tbe day and year aforesaid. otary Public My Commission Expires: NOTARIAL SEAL R5NEEDRElS8ACH, Notary Public City of Mm"sbtug', Dauphin County My Commi_xpires Nov, 30, 2002 17 Ii . --I ,- ._~ >- CJ \ >- c~; l--:; I".:; '" ,.-; (''-~ ~:r, (-:\ ~ p-: ;-~) 1_,-- _ L.. ...:.-... (~)c5 ~~-) ~":J ~~ ,J-'- C',: C'? <-.' ei) l:^1 '-', I ~) ?..: _oJ ~!"! (, ~2":: u__ 0--: :-;.S " ;_U t"". d_ LL. -" 0 C::J , C.J U , . SILUKER & REINHOLD ATIORNEYS AT LAW 5922 L1NQLESTOWN ROAD HARRISBURG, t'ENNSYLV!\NIA 17112 TELEPHONE (717) 671-1500 , N - Q ~ ...l ~<8 0"'0-"" =:;;o:~:z Z..Jz:3iO t;:1f;;:~~E i:li:"'~Zr- ...;""'Z~ '-'g(JJlJJi:JJUJ i:li: Z c3'" z ~~~~~ ~ 0'Ir.n(JJ l-oIl V"lC2E--< ("I) 0: ~ , , . . TIMOTHY W. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-1230 CIVIL TERM JILL M. SMITH, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit tbe record, togetber with tbe following information, to tbe Court for entry of a Divorce Decree: I. Ground for divorce: irretrievable breakdown under Section (X) 3301 (c) () 3301 (d) oftbe Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: March 15,2000, by first-class mail. 3. Complete either (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 330l(c) of the Divorce Code: July 1,2000 by Plaintiff; July 10,2000 by Defendant. (b) (I) Date of execution of tbe Plaintiff s Affidavit required by Section 330l(d) oftbe Divorce Code: (2) Date of service oftbe Plaintiffs Affidavit upon tbe Defendant: 4. Related claims pending: The Marriage Settlement Agreement between tbe parties shall be incorporated, but shall not merge witb the final Decree in DiVorce. ::",.-, - "-'. ''''''~".,- ,",--~"" "'--~'-- '.I" <--, -,-" -"0"; , 5. Complete eitber (a) or (b). (a) Date and manner of service of Notice ofIntention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in g330l(c) Divorce was filed witb tbe Protbonotary: July 14, 2000. Date Defendant's Waiver of Notice in g330l(c) Divorce was filed with tbe Prothonotary: July 14, 2000, 6. Social Security Numbers: (a) Plaintiff: 170-54-9845 (b) Defendant: 174-46-7330 ~, ' ~ , -c- !'--~i '_'" <'.9,' ~,"" - , ,-, ~'-'- - . '-' ill ','Y,~~"'N "" w ~,,' " ,~, " ", "I' ," "W<-~'Y?':'_"-':-,,,,-'_Y:~ ~ , , "w~""", '''' () 0 C) C 0 -n :?-"" L- n~ C;: c:: rD 1 Z =U ;'1 ,'- -,-! ;}) " ,..0 :..--:-) I -< :_':) !:'':: :;.-" ~;i~J ':') ,....., f"n =~ :,j .-< Cf' "'-"'Or,-,,-' _ -^"'': --, - ""~-' "-"--" ~, v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .' C?ic}l'lY~ : NO. 00 -/~66 TIMOTHY W. SMITH, Plaintiff Defendant : CIVIL ACTION - LAW : IN DIVORCE JILL M. SMITH, NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN sued in Court. If you wish to defend against tbe claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, tbe case may proceed without you and a decree of divorce or annulment may be entered against you by tbe Court. A judgment may also be entered against you for any otber claim or relief requested in tbese 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 divorce is indignities or irretrievable breakdown of marriage, you may request marriage counseling. A list of marriage counselors is available in the Office oftbe Protbonotary, Cumberland County Courtbouse, One Courthouse Square, 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 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 BAR ASSOCIA nON 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 . -,'"'; '~"_',__, r--",', o~,.-r~",-_,,'_ ,,);,..~ _,_;~_,,,,__ _"c~_._.. "-" . .~" ' -. - - -,,- ~, -, ~-- ", .~ "" . v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYL VANIA : NO. H_/;2.YJ ~~ TIMOTHY W. SMITH, Plaintiff Defendant : CIVIL ACTION - LAW : IN DIVORCE JILL M. SMITH, COMPLAINT IN DIVORCE I. The Plaintiff is Timothy W. Smitb, and adult individual currently residing at 115 Soutb 16th Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant is Jill M. Smitb, an adult individual residing at 5 Tumbling Run, Lititz, Lancaster County, Pennsylvania. 17543. 3. Plaintiff and Defendant have been bona fide residents in tbe Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately previous to tbe filing oftbis Complaint. 4. Plaintiff and Defendant were married on December 31, 1994, in Cumberland County, Pennsylvania. 5, There have been no prior actions of divorce or annulment between tbe parties in this or any otber jurisdiction. "F ,.e,_ ,,"~' .', '<""""'~'=-~'r-P<-'~~~- ,_-",-,~,.--y--, '- ,- "" '_ '_"'__','>" :,"f" '''''''~,;'''' ,_,' , ,,_".,: 6. This action is not collusive. 7. Plaintiff and Defendant separated on or about February 20, 2000. 8. The causes of action and sections of tbe Divorce Code under which Plaintiff is proceeding are: A. Section 330l(c) - The marriage oftbe parties is irretrievably broken. 9. Plaintiff and Defendant have no children 10. Plaintiff has been advised of the availability of marriage counseling and understands that he may request that his spouse and he participate in counseling. 11. Plaintiff does not request that tbe Court require tbat his spouse and he participate in counseling prior to a divorce decree being handed down by tbis Court. Wherefore, Plaintiff respectfully requests this Honorable Court enter a final decree in divorce. Date: J. / ';] 0 / QO ---------- . stin . Rei old, Es uire 5922 inglestown Road Harrisburg, PA 17112 (717) 671-1500 l.D. No. 57911 Attorney for Plaintiff ;:: -- '_"R\',,",~'7 _"""_-~,, ,',". ';-, ~t ,'-e, ..', - -",. --'-'i''':'-'''!___ _ - - - ><, ~"='--~'- ---~ .'-" ' ,,- '-'~ - A F F I 0 AV I T I, ~.J.y w, sv:rlt.. , hereby certify that the aforegoing is 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. c.s. 4904 relating to unsworn falsification to authorities. Dated: 2/27 ( .2.000 -.") . - .~ ,-,,--~, ";'~', ",,_ .,r ., """'.""'-,. ".C."'__',.__ i ,\ - ,~,___ ",.e'_ - '" .". _',~ '_h _." ~ ~.;;; i".: ~~l ~;~ 8.~.~2 ~~ -~jJ Lt. ~.< LL o o o en ~ i,3~ ~~~} ~5~ rr;.~ -"....,.1J :~2.:L ::5 u "'" ~ c... ,~) I 0::: ..::::: L t ~~ ~ \) ~ () z;, l1~ . t ~ \)f b, " ....0 ~ ~ ~1 N .... ~ - .... ~<8 0"'0-'" ::c :s '" ~::i: :z: z::ii;; ~~"'~~ O~S:; ""E--Zr--- oll~"'z~ UJ~~u.l ~za""z ~ ~ ~ i~ " ~ O\r.I.lUJ 'Jooo4 VI ;: Eo-- "" '" :!i SILUKER & REINHOLD AtTORNEYS AT LAW 5922 L1NGLESTOWN ROAD' HARRISBURG. PENNSYLVANIA 17112 TELEPHONE (717) 671-1500 TIMOTHY W. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 00-1230 CIVIL TERM Defendant : CIVIL ACTION - LAW : IN DIVORCE JILL M, SMITH, ACCEPTANCE OF SERVICE The undersigned, Jill M. Smith, Defendant in tbe above-captioned matter, hereby certifies that she received a copy of a Complaint in Divorce on or about March IS-, 2000, by first-class mail, addressed as follows: Jill M. Smitb 5 Tumbling Run Lititz, PA 17543 Dated: .3 /1.-: / DO ~i C;WJ;]~~ .~: "-~-I .'<'- ,. A i II 11 il II i'\~ ~ ~rw~"_ ~~__ ;.",,:'f""'~ (") 0 0 c: 0 TI: ,,,.. ::J!: ~:;,.. .~ -Ow :r-.. ;:r ::n g;l [11 ;;0 ,.1r- ~_~n Zr,:;: N ;~QQ ~.'- w -"- ~(:> ,<:C -n -'---'"i ~() 3: ~-n 0-- ;;;0 70 ~ ""--fT1 C ~ -r :~ U1 ~ -< ""<Ji!1~:;l.~!'FI!~j~Im'-ffl!~j~.~IUlMIi TIMOTHY W. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, : No. 00-1230 CIVIL TERM Defendant CIVIL ACTION - LAW IN DIVORCE JILL M. SMITH, AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce '.mder Section 330l(c) oftbe Divorce Code was filed on March 3, 2000. 2, The marriage of tbe Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since tbe date of filing and service of the Complaint. 3. I consent to tbe entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. -. . , . --"...": WAIVER OF NOTICE OF INTENTION TOREOUEST" ENTRY OF A DIVORCE DECREE UNDER &3301(C) OF THE DIVORCE CODE I. I consent to the entry of a Final Decree in Divorce witbout further notice, 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim tbem before a divorce is granted. 3. I understand that I will not be divorced lmtil a divorce decree is entered by the Court and that a copy ofthe decree will be sent to me immediately after it is filed with tbe Prothonotary, I verifY that the statements made in tbis Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. ~ 4904, relating to unsworn falsifications to authorities. Date:7(t('2<W~ --,. , "'.- - , ;~ ~ , . r ~_" ~ ~~ I "JI ..".,,~ ~!I'!'!l!l",""_"""~,,,,~ ~," ~ '..... ~~ Q ~. S -Vi'" 92 C~~. ~i ~;:,~~ ~;; 5~,~~' -7 ,co :< "_.ll"AIR_lr,;18i~~!!:!lI!\;;fW"~"iW'l!'~.\I!I1~IIIUI (::) CJ '-. (= .;.- :~ ~~ :::::.:; :fj -< \0 -~,fltUIUlIU11f~-r'"~QJ!Il!IIlii ~ ~.,. ! '. ~ TIMOTHY W. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No, 00-1230 CIVIL TERM JILL M. SMITH, CIVIL ACTION - LAW IN DIVORCE Defendant AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on March 3, 2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service oftbe Complaint. 3. I consent to tbe entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVQRCE DECREE UNDER &3301(C) OF THE DIVORCE CODE I. I consent to the entry of a Final Decree in Divorce without further notice. 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim tbem before a divorce is granted, 3. I understand tbat I wili not be divorced until a divorce decree is entered by the Court and tbat a copy of tbe decree will be sent to me immediately after it is filed with the Protbonotary, I verifY tbat the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to tbe penalties of 18 Pa,C,S. S 4904, relating to unsworn falsifications to authorities, Date: 1 liD \ ~t , ~~~ J" M, Smit . "', r' -, ,-'" "~ "-,,-~ c. . 1I\I!!lIl~~ ,-,~.~~,~ ~ ("') r' r:Fi:t -:7 ~'-~ Q?~:~- ~;~~ ....~C ~ _, 'Iml~'~ffl_l~~~~,", g ,"- "~-~' ...,~, ~.'.,,; '- ";;~ ~-J :;i' , l ~~ f~~ :r;! '.,<, =< tc.,1 _"~~,.lmlli\ilflf~'f"~1 -~- "~''''.-