HomeMy WebLinkAbout00-02761
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
GABRIELE DeWOLF,
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PENNA.
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No.
77h1
7000
VERSUS
Pl"intiff
WI\VNF. S'f'F.VF.N OpWOT.F
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npfpnd~nt
AND NOW,
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DECREE IN
DIVORCE
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, 20..'" , IT IS ORDERED AND
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DECREED THAT
Gabriele DeWolf
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, PLAINTIFF,
AND
W"yne steven DeWolf
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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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;
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The Property Se.~LJement Agreement between the parties dated
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March 2, 1996 is hereby incorporated but not merged.
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By THE COURT: .
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PROPERTY SETTLEMENT AND SEPARATION AGREEMENT
THIS AGREEMENT made this J nd day of rfli+f<<...h
~
, 199,$
between GABRIELE DEWOLF, of Mt. Holly Springs, Cumberland County,
Pennsylvania, hereinafter referred to as Wife,
A
N
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WAYNE S. DEWOLF, of Mt. Holly Springs, Cumberland County,
Pennsylvania, hereinafter referred to as Husband.
WITNESSETH:
WHEREAS, in consequence of disputes and unhappy differences,
the parties have been living separate and apart from each other;
and
w~EREAS, the parties desire to confirm their separation and
make arrangements therewith, including custody of their minor
child, Stephanie Ch. DeWolf (D.O.B. 11/29/86), the division of
their marital property and other rights and obligations growing
out of their marriage.
NOW THEREFORE, in consideration of the covenants and
promises hereinafter to be mutually kept and performed by each
party, as well as for other good and valuable consideration and
SAIDIS, GUIDO, intending be legally bound it is agreed as follows:
SHUFF & to
MASLAND (1) It shall be lawful for each party at all times
26 W. High Street
Carlisle, PA hereafter to live separate and apart from the other party at suc
place or places as he or she from time to time may choose or
fit.
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SAIDIS, GUIDO,
SHUFF &
MASLAND
._26 W. Hi~h Street
Carlisle. PA
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(2) Except as herein otherwise provided, each party hereby
releases the other from any and all claims, or demands up to the
date of execution hereof.
(3) The parties are the owners of a mobile home located at
3 Larken Lane, Mt, Holly Springs, Cumberland County,
Pennsylvania. Husband agrees at the time of signing of this
Agreement to transfer all of his right, title and interest in
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said mobile home to Wife.
Wife agrees to assume responsibility
for the encumbrance on said mobile home with PNC Bank, the lot
rent, utility bills, insurance and taxes in connection with said
mobile home. With regard to all such expenses, Wife hereby
agrees to hold Husband harmless and indemnify him from any loss
thereon.
(4) In the event that either party contracted or incurred
any debts since September l, 1995, the party who incurred said
debt shall be responsible for the payment thereof regardless of
the name in which the debt may have been incurred.
Husband and Wife acknowledge that they have paid off the
Colonial National Bank Mastercard debt.
(5) Each party relinquishes any right, title and interest
he or she may have to any and all motor vehicles currently in
possession of the other party. Husband to receive the GEO
Tracker and Wife the 1993 Ford Escort. Each party shall execute
any documents necessary to have said vehicles properly registere
in the other party's name with the Pennsylvania Department of
Transportation. Each party shall assume full responsibility of
any encumbrance on the motor vehicle and shall hold harmless and
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SAIDIS, GUIDO,
SHUFF &
MASLAND
26 w. High Street
Carlisle, PA
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indemnify the other party from any loss thereon.
(6) Wife hereby releases any and all right, title and
interest she may have by reason of the marriage to the Hunting
Cabin located in Huntington County, Pennsylvania currently title
partially in Husband's name. Wife agrees to execute any
documents necessary or desirable to release her claim.
(7) The parties hereto mutually agree that they have
effected a satisfactory division of the furniture, household
furnishings, appliances, tools and other household personal
property between them, and they mutually agree that each party
shall from and after the date hereof be the sole and separate
owner of all such property presently in his or her possession
whether said property was heretofore owned jointly or
individually by the parties hereto. This agreement shall have
the effect of an assignment or bill of sale from each party to
the other for such property as may be in the individual
possession of each of the parties hereto.
(8) Each party hereby relinquishes any right, title or
interest he or she may have in or to any intangible personal
property currently titled in the name of or in the possession of
the other party, including, but not limited to, stocks, bonds,
insurance, bank accounts and retirement accounts. This provisio
specifically includes Wife's release of Husband's pension and th
401K plan by reason of his employment by the United States of
America, New Cumberland Army Depot. This provision shall also
include Husband's release of Wife's 401K by reason of her
employment by Corporate Distribution Limited.
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SAIDIS, GUIDO,
SHUFF &
MASLAND
26 W. High Street
Carlisle. PA
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(9)
The parties agree that they shall have joint legal
custody of their minor child, Stephanie eh. DeWolf (D.O.B.
11/29/86) with both parties having the right to make major
parenting decisions effecting the child's health, education and
welfare.
Wife shall have physical custody of said child subject to
periods of physical custody by Husband at the times and places t
be mutually agreed upon between the parties.
(10) Husband agrees to pay to Wife for the use, benefit,
support and maintenance of their minor child, the sum of ~e
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~'M~red ($Ja8.~0) Dollars per month which payment shall be made
on or before the first day of each month in advance. Husband
shall provide Blue Cross/Blue Shield, major medical or equivalen
coverage for the benefit of the minor child so long as he is
obligated to contribute to her support. Husband and Wife also
agree to be equally responsible for any noncovered or
extraordinary medical and/or dental expenses for said minor chil
provided that the decision to incur extraordinary or noncovered
medical and/or dental expenses shall be joint.
The parties agree that in the event of a material change in
circumstances of either party, or a change in the custody
arrangements set forth herein, the amount of support payments
shall be subject to an appropriate adjustment by agreement or, i
the parties are unable to agree, by order of a court of competen\
jurisdiction, and the amount ordered by any such court shall be
deemed to be the amount due hereunder.
Husband agrees to pay one-half the cost of the child's post
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SAIDIS, GUIDO,
SHUFF &
MASLAND
.26 W. High Street
Carlisle. PA
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secondary education including but not limited to room, board,
tuition, books, activity fees, travel expenses and spending
money. Husband, Wife and child all must agree on a mutually
acceptable institution which agreement will not be arbitrarily
withheld.
(11) Except as otherwise provided herein, Husband shall not
pay to Wife nor Wife to Husband any sum whatsoever as alimony,
alimony pendente lite, or for his or her support or maintenance.
(12) Wife is now represented by counsel of her choice,
Robert C. Saidis, Esquire and Husband has been advised of his
right to secure counsel of his choice. Husband and Wife agree t
split equally the legal fees incurred in preparation of this
Property Settlement and Separation Agreement as well as a no-
fault divorce.
(13) Neither party shall contract or incur any debt or
liability for which the other party or his or her property or
estate might be responsible and shall indemnify and save the
other party harmless from any and all claims or demands made
against him or her by reason of debts or obligations incurred by
the other party.
(14) 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
provision of this Agreement.
(15) The parties do hereby warrant, represent, acknowledge
and agree that each is fully and completely informed of, and is
,
SAIDIS, GUIDO,
SHUFF &
MASLAND
..26 W. High Street
Carlisle. PA
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familiar with, the wealth, real and personal property, estate anc
assets, earnings and income of the other and that each has made c
full and complete disclosure to the other of his and her entire
assets and liabilities and any further enumeration or statement
thereof in this Agreement is specifically waived.
(16) Husband and Wife acknowledge that each of them has
read and understand his and her rights and responsibilities undel
this Agreement and that they have executed this Agreement under
no compulsion to do so but as a voluntary act.
(17) It is further specifically understood and agreed by
and between the parties hereto that each party accepts the
provisions herein made in lieu of and in full settlement and
satisfaction of any and all of said party's rights against the
other for past, present and future claims on account of support,
maintenance, alimony, alimony pendente lite, counsel fees, costs
and expenses, equitable distribution of marital property and any
other claims of each party, including all claims which have been
raised or may be raised in an action for divorce.
(18) Except as may be otherwise specifically provided in
chis Agreement, Husband and Wife, for themselves, their heirs,
representatives and assigns, each hereby forever releases,
remises, discharges and quitclaims the other, and such other's
heirs, representatives, assigns and estate, from and with respect
co the following:
A. All liability, claims, causes of action, damages,
costs, contributions, expenses or demands whatsoever in law
or in equity;
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B. All rights, title, interest or claims in or to
any property of the other, whether real, personal or mixed
and whether now owned or hereafter acquired;
C. All rights of curtesy and dower and all claims or
rights in the nature of curtesy and dower;
D. All widow or widower's rights;
E. All rights, title and interest or claims in or to
the other's estate, whether now owned or hereafter acquired
including but not limited to all rights or claims:
(1) to take against the other's will;
(2) under the laws of intestacy;
(3) to a family exemption or similar allowance;
and
(4) all other rights or authority to
participate or intervene in a deceased spouse's
estate in any way, whether arising under the laws of
Pennsylvania or any other country, territory, state or
political subdivision.
F. All rights or claims to any accounting;
G. All rights, claims, demands, liabilities and I
obligations arising out of or in connection with the marita~
relationship or the joint ownership of property, whether
SAIDIS, GUIDO,
SHUFF &
MASLAND
26 W. High Street
Carlisle. PA
real, personal or mixed;
H. All rights, claims, demands, liabilities and
obligations arising under the provisions of the pennsylvani
Divorce Code, Act 26 of 1980, as the same may be amended
from time to time, and under the provisions of any similar
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SAIDIS, GUIDO,
SHUFF &
MASLAND
26 W. Hi~h Street
Carlisle, PA
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statute enacted by any other country, state, territory or
political subdivision;
I. All rights, claims, demands, liabilities and
obligations each party now has, or may hereafter have,
against or with respect to the other.
(19) This Agreement shall be construed under the law of the
Commonwealth of Pennsylvania. If any provision of this Agreemen
is determined to be invalid or unenforceable, all other
provisions shall continue in full force and effect.
(20) In the event that either of the parties shall recover
final judgment or decree of absolute divorce against the other in
a court of competent jurisdiction, the provisions of this
Agreement may be incorporated by reference or in substance but
shall not be merged into such judgment or decree and this
Agreement shall survive any such final judgment or decree of
absolute divorce and shall be entirely independent thereof.
(21) In the event
that either party breaches any provision I
the other party retains counsel to assist
of this Agreement, and
in enforcing the terms thereof, the parties hereby agree that th
breaching party will pay all attorney's fees, court costs and
expenses incurred by the other party in enforcing the Agreement.
(22) This Agreement constitutes the entire understanding
between the parties and there are no covenants, conditions,
representations, or agreements, oral or written, of any nature
whatsoever, other than those herein contained.
(23) This Agreement shall bind the parties hereto, their
respective heirs, executors and assigns,
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SAIDIS, GUIDO,
SHUFF &
MASLAND
26 w. High Street
Carlisle. PA
IN WITNESS WHEREOF, the parties hereto intending to be
legally bound have hereunto set their hands and seals the day an
year first written above.
Witness
{)I'dz- Q).tW U4
riele DeWolf
Witness
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a~ !S. DeWolf
RCS/Renee/Draft/DeWolf.Agr./1-9-95
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GABRIELLE DeWOLF
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
2761-2000
FAMILY DIVISION
WAYNE STEVEN DeWOLF
Defendant
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, dated 5/10/00, copy attached.
3. Date of execution of the Affidavit of Consent and Waiver
of Notice required by Section 3301 (c) of the Divorce Code:
By the Plaintiff: 08/25/00
By Defendant: 08/05/00
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 the Records, a copy of which is
attached: ***********
(B) Date Plaintiff's Waiver of Notice in ~ 3301 (c) divorce
was filed with the Prothonotary: 08/31/00
Date Defendant's Waiver of Notice in ~ 3301 (c) divorce
was filed with the Prothonotary: 08/31/00
Robert C. Saidis, Esq.
Attorney for Plaintiff
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SHUFF &
MASLAND
ATI'ORNEYS'ATlLAW
26 W. High Street
Carlisle, PA
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GABRIELE DeWOLF,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-';; /fpl CIVIL TERM
WAYNE STEVEN DeWOLF,
Defendant
IN DIVORCE
NOTICE
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 at the Cumberland County Court House,
High and Hanover Street, Carlisle.
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 Bar. Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 2~;~
SAlOIS,
SHUFF &
MASLAND
ATrORNEYSIATlLAW
26 W. High Street
Carlisle. P A
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GABRIELE DeWOLF,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
:NO. MJ-;17tl
CIVIL TERM
WAYNE STEVEN DeWOLF,
Defendant
:IN DIVORCE
COMPLAINT UNDER SECTION 3301(cl
OR 3301(dl OF THE DIVORCE CODE
1. Plaintiff is Gabriele DeWolf, who currently resides at
3 Larken Lane, Cumberland County, Mount Holly Springs,
Pennsylvania 17065.
2. Defendant is Wayne Steven DeWolf, who currently resides
at 66 Lone Oak Drive, Marysville, Pennsylvania 17053.
3. Plaintiff and Defendant have been bona fide residents
in the Commonwealth for at least six months immediately previous
to the filing of this Complaint.
4. The Plaintiff and Defendant were married on May 25,
1984 in Germany.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. The Plaintiff has been advised of the availability of
marriage counseling and the Plaintiff may have the right to
request that the Court require the parties to participate in
counseling. Having been so advised Plaintiff does not desire
the Court to order counseling.
7. The marriage is irretrievably broken.
L
II
SAlOIS,
SHUFF &
MASLAND
ATIORNEYS-AT.UW
26 W. High Street
Carlisle. PA
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WHEREFORE, Plaintiff prays Your Honorable Court to enter a
decree of divorce.
y submitted,
obert C. Saidis, Esq.
Attorney for Plaintiff
SAlOIS,
SHUFF &
MASLAND
A'ITORNEYS-AT-LAW
26 W. High Street
Carlisle, P A
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND :SS
I verify that the statements made in this
Complaint are true and correct. I understand that
false statements herein are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
DATED: 5 - d-- - J,060
intiff
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GABRIELE DeWOLF,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
.
:NO.OV.27tlcIVIL TERM
WAYNE STEVEN DeWOLF,
Defendant
:IN DIVORCE
AFFIDAVIT
I, Gabriele DeWolf, being dUly sworn according to
law, depose and say:
(1) I have been advised of the availability of
marriage counseling and understand that I may request that
the court require that my spouse and I participate in
counseling.
(2) I understand that the court maintains a list
of marriage counselors in the Prothonotary's Office, which
list is available to me upon request.
3) Being so advised, I do not request that the
court require that my spouse and I participate in
counseling prior to a divorce decree being handed down by
the court.
I understand that false statements herein are.made
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SHUFF & Di',1 ted' 5- d-
MASLAND 1ft '
AT\'ORNEYSOAroLAW II
26 W. High Street 'I i
Carli.le, PA I
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subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
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1 ~~f? fur a_onal,sElrvices. ~,;: ; .:.t~j
. , " ,r'ns 3. 4a, and 4b. ,...' ,._'~,;'
-Print your name and'address on the reverse 'of this tonn so th~1~,oc;:liln-~um' this
card to you: ' ".:'_: ,:'!':,,)-.,~'"
-Attat:.h this fonn to 1he front of the mallpiece, or on the back if ~"~not
ponni'. ..,~.
-Write-Return RSC8ipt Rsquestsd~ on the mailpiBfOe below the article number.
1iTh9~DetUm Receipt will show 10 whom the artide was deIlvered and the date
dEiIi~.
I also wish II> ~lhe
following services (for an
extra fee):
1
. KI Restricted DellvalY
Con B.
4a. Article Numbe,
P 433 109 779
4b. Service Type
o Registerad lC Certified
o Express Mail nsura
o Retum Receipt for Men:hendlse 0 COD
7. Date of 0 'velY
~ 0 0"">
8. Addr 's AdlIress (Only If requested
and fee is paid)
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3. Article Addressed to:
Mr:. Wayne steven DEW:::>lf
66 Lean Oak Drive
Ma1:ysville, PA 17053.
j\ d ~ I ,i l ;
102595,97,."'179 Domestle
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P 433 109 779
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US Postal Service
Receipt for Certified Mail
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Mr:. Wayne SI:evBn DEW:::>lf
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66 Loan Oak Dri
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SAlOIS,
SHUFF &
MASLAND
ATIURNEYS.AT.LAW
26 W. High Street
Carlisle, PA
",'.
GABRIELE DeWOLF
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2761 of 2000
v.
WAYNE STEVEN DeWOLF
Defendant
IN DIVORCE
PLAINTIFF'S
AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREEE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. A Complaint in divorce under Section 3301(c) of the
Divorce Code was filed on May 2, 2000.
2, The marriage of 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 of 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.
I verify that the statements made in this affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S, Section 4904
relating to unsworn falsification to authorities.
DATED: <:6-)5;-00
G riele DeWolf
Plaintiff
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SAlOIS,
SHUFF &
MASLAND
A'ITORNEYS.ATeLAW
26 W. High Street
Carlisle, PA
.
. .
GABRIELE DeWOLF,
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2761 of 2000
v.
WAYNE STEVEN DeWOLF
Defendant
IN DIVORCE
DEFENDANT'S
AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREEE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. A Complaint in divorce under Section 3301(c) of the
Divorce Code was filed on May 2, 2000.
2. Defendant acknowledges and accepts service of the
Complaint on May 10, 2000.
3. The marriage of 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 of 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.
DATED:
YIhC7 dOOe-J
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