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HomeMy WebLinkAbout00-03531 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,.~, ,., . ~J ..1 ,,, . . . . . Of. '" '" fti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF RICHARD E. STOUGHTON, VERSUS TRISHA C. STOUGHTON, AND NOW, DECREED THAT AND PENNA. Plaintiff No. 2000-3531 CIVIL Defendant DECREE IN DIVORCE F~ d- ( J" S,''1tJp. ~ . , 2002 , IT IS ORDERED AND RICHARD E. STOUGHTON , PLAINTIFF, TRISHA C. STOUGHTON , 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; None. The parties' Post-Nuptial Aqreement dated February 13, 2002 is incorporated but not merged into this Decree. . mml1. ~ I~ PROTHONOTARY :F.;f. '" :t' "''''''':t: . . . "'''' '" "'Of. '" '" ~~k ~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . , d- d- - - ~- _T' ~, ~" ,_. .", .~ ~ \ ''t . ,t'J~ M-~~d4-~ .t::J2 ~~Z~. -~~"""""""- liC'I!\, . ~~~"_, ,'~'~ ~. ~ .~','"='''-'' .,. "f-'fl!i!l!l-"~""","'l!'!'I!'l~ ~~,,~""' ;:c. ~ ~,,)..;l~? ~~C.l l+-:J,: i~\~\ c: ~~~. J \--"' l,L o a) W- e:"; -~ - (J.... 0"' I LAW OFFICES SNELBAKER, BRENNEMAN & SPARE ~ "'"'i :;;:-~> ,..., o ~ z. ~c( ':? 'Z; .......) o:.'L -~ 0;:" ~~~ ftZ \.tJUJ eQO- <-. ? o '! i I RICHARD E. , STOUGHTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NQ. 2000- 36-3{ CIVIL TERM CIVIL ACTION - LAW v. , TRlSHA C. STOUGHTON, Defendant j: I. I' ]i I; ji ii ]: j ii it IN DIVORCE NQTICE 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 divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Qffice of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. I'i,! . i Ii i~ ! IF YQU DO NQT FILE A CLAIM FQR ALIMDNY, DIVISION QF PROPERTY, LAWYER'S FEES QR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TQ CLAIM ANY OF THEM. YQU SHQULD TAKE THIS PAPER TO YQUR LAWYER AT QNCE. IF YQU DO NOT HAVE A LAWYER QR CANNOT AFFORD ONE, GO TQ OR TELEPHQNE THE OFFICE SET FQRTH BELOW WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P.C. By 14t{l~ Attorneys for Plaintiff I , LAW OFFICES SNELBAKER, BRENNEMAN & SPARE RICHARD E. STQUGHTON , Plaintiff IN THE CQURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA : NO. 2000- 36'..31 CIVIL TERM CIVIL ACTION - LAW v. TRISHA C. STOUGHTON , Defendant IN DIVORCE CQMPLAINT 1. Plaintiff RICHARD E. STOUGHTON, is an adult individual residing at 6332 Chesterfield Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant TRISHA C. STQUGHTQN, is an adult individual residing at 233 Birch Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on April 12, 1986 in Middlesex Township, Cumberland County, Pennsylvania. 5. There has been a prior action of divorce between the parties docketed to No. 95-712 in the Court of Common Pleas of Cumberland County. That action was dismissed due to inactivity of record. 6. Neither party is a member ofthe armed forces of the United States of America. i I LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 8. 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. 9. The Plaintiff requests this Court to enter a decree of divorce. WHEREFQRE, RICHARD E. STQUGHTQN requests this Court to enter a Decree of Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and Defendant. WHEREFORE, the Plaintiff requests this Court to: (a) enter a decree of divorce, divorcing the Plaintiff from the bonds of matrimony; and (b) order such other relief as this Court deems just and reasonable. SNELBAKER, BRENNEMAN & SPARE, P.C. I/~~ Date: June 9, 2000 By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Richard E. Stoughton -2- I VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities. Date: June 9, 2000 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE ~;i I '"j 11 Iii Ii ;I ~j 1 'I ,1 I I I I iI I ,I I '1 ! I ~j [' J I: ~I ~1 II ,~ !j :;1 :ii i ;] <I ~i 'f] ~! ,] '!i ! I I ~ I " " f) I LAW OFFICES SNEL8AKER, BRENNEMAN & SPARE RICHARD E. STQUGHTON, Plaintiff IN THE CQURT QF CQMMQN PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2000- CIVIL TERM CIVIL ACTION - LAW v. TRISHA C. STQUGHTQN, Defendant IN DIVORCE AFFIDAVIT RICHARD E. STOUGHTON, being duly sworn accnrdingto law, deposes alld says: 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 Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NQT request that the court require 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 subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. ;;::/ /:I.~~ - ~hard E. Sto ton (plaintiff) Date: June 9,2000 , rr."'K"" -,^ ~~ -D ~- ~ ~ ~~ .,~ v., ~_.".._ . ~, ^ ,'" iD cJ ~ \ ,~2i V\' J ~ ~ .0 c ;?-' u[.(j O)r-"': ~~:] l:"'5 ,-. ~~5 -,.. c;..'-- ~8 z :<I ~: C~ o '- c:: :2 o -'n .,;-:....' 'C-l-Tl {~ill (si"'n ~ .;e; ':< I 'D -"D ~. ..... ':'? U1 -J LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 1llildllll1:l1i!i!'l"1 7'U;. (H). .35'.3 / e l' POST .NUPTIAL AGREEMENT THIS AGREEMENT, made and entered into this J3Ih day of February, 2002 by and between: TRISHA C. STOUGHTQN, of 1916A Fryloop Avenue, Carlisle, Cumberland County, Pennsylvania, party of the first part, (hereinafter "Wife") AND RICHARD E. STOUGHTON, of233 Birch Lane, Carlisle, Cumberland County, Pennsylvania, party of the second part, (hereinafter "Husband") WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as the "parties") were married to each other on April 12, 1986 and last resided with each other at 233 Birch Lane, Carlisle, Pennsylvania; and WHEREAS, the parties have accumulated certain assets and property during their marriage; and WHEREAS, the parties have had only one child of their marriage, Richard A. Stoughton, a minor; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they separated on May 27, 2000 and now live separate and apart from each other; and WHEREAS, on June 9, 2000 Husband commenced an action in divorce docketed to No. 2000-3531 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania (hereinafter the "Divorce Action"); and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status; and WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs. NOW THEREFORE, in consideration ofthese presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: I. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION. The parties declare and agree that they have, prior to the execution of this Post-Nuptial Agreement, voluntarily agreed to divide and have physically divided and distributed between themselves all assets which they acquired during their marriage, whether or not said property is or would be deemed to be marital property under Pennsylvania Divorce Code and subject to equitable distribution. The parties further declare and agree that prior to the execution hereof, they have voluntarily distributed between themselves all assets and property which each brought LAW OFFICES SNELBAKER. BRENNEMAN & SPARE with them into their marriage. -2- I The parties declare and acknowledge that they are fully aware and familiar with all assets and property that each has brought into the marriage and that has been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any valuation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed by the other party and acknowledge that each party may freely dispose of any property in his or her possession without interference from or claim by the other. 3. MARITAL RESIDENCE. Prior to the parties' separation, the parties resided in a 1998 Eagle Model Fleetwood Manufactured home located at 233 Birch Lane, Carlisle, Pennsylvania (the "marital residence"). The parties agree that the marital residence shall be exclusively owned, possessed and used by Husband. Husband shall be solely responsible for paying all taxes, expenses and utilities now and in the future due and owing arising out of the occupation or use of said residence. Husband shall further be solely responsible for paying all lot rent on the residence. The parties acknowledge and agree that the residence is titled in both of their names, which title is encumbered by a lien held by FirstMerit Mortgage Corporation identified as loan number 6251011777 for which the parties are jointly liable. Husband agrees that he will be solely responsible for and pay the FirstMerit mortgage. Husband further agrees that he will indemnify and hold Wife harmless of and from any and all liability, debts, claims and damages caused by Husband's failure to pay the FirstMerit mortgage. Wife agrees, at Husband's request, to execute any and all documents necessary to transfer to Husband, or any entity or person LAW OFFICES SNELBAKER. BRENNEMAN 8: SPARE identified by Husband, all of her right, title and interest she has in and to the marital residence. -3- I i" Such transfer shall be made without payment of any consideration to Wife, it being understood that Husband shall be considered for purposes of this Agreement, the sole legal and equitable owner of the residence entitled to all proceeds from any future sale of same. 4. AUTOMOBILES. The parties acknowledge and agree that Wife is the sole owner of a 1997 Camero which is subject to a loan secured by said vehicle. The parties agree that Wife shall retain sole possession, ownership and use of the 1997 Camero and shall be solely responsible for and pay the loan on said vehicle. Each party agrees to hold harmless and indemnify the other of and from any and all liability, debts, claims and damages caused by said party's failure to pay the loans agreed to be paid by said party herein. 5. DIVISION OF DEBTS AND LIABILITIES. The parties acknowledge that prior to the execution of this agreement they jointly filed for bankruptcy. It is expected that a majority of debt incurred during their marriage has been or will be discharged. To the extent not discharged in their bankruptcy, Husband agrees to hold harmless and indemnify Wife from any and all debts, damages, costs and expenses which Wife may incur directly as a result of Husband's failure to payor discharge any debt or obligation he agrees to pay as set forth in the Agreement. Wife agrees to hold harmless and indemnify Husband from any and all debts, damages, costs and expenses which Husband may incur directly as a result of Wife's failure to payor discharge any debt or obligation she agrees to pay as set forth in this Agreement. 6. FUTURE OBLIGATIONS. The parties agree that any and all obligations incurred LAW OFFICES SNELBAKER. BRENNEMAN & SPARE subsequent to the date of their separation, May 27, 2000, and the date of their filing for bankruptcy shall be the sole and separate liability and responsibility of the party incurring the -4- I obligation and each party agrees that he/she will not incur or attempt to incur any obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all liability arising from such future obligation. 7. COUNSEL FEES. Each party to this Post-Nuptial Agreement shall be responsible for paying his or her own counsel fees and related costs associated with the processing of the Divorce Action and the negotiation, execution and consummation of the provisions of this Post- Nuptial Agreement. 8. PENSION, 40lK RETIREMENT PLANS. BENEFITS AND EMPLOYMENT BENEFITS. Each party waives and forever releases the other of and from any and all claims which either may have against the other's pension, 40lK Plan, retirement plan or any other retirement plan benefit or employee benefit or benefits. Wife specifically acknowledges that Husband participates in a pension retirement plan through his current employer, Strohman Bakeries. 9. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Each party waives and forever releases the other party of and from any and all claims which either may have against the other for spousal support and for all claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies nnder the pennsylvania Divorce Code. 10. DIVORCE. The parties agree to terminate their marriage by mutual consent without LAW OFFICES SNELBAKER. BRENNEMAN & SPARE counseling and each agrees to execute the necessary affidavits, waivers and consents to procure a -5- consensual divorce under the provisions ofthe Pennsylvania Divorce Code, such documents to be filed in the Divorce Action. 11. CUSTODY. Husband and Wife shall have shared legal custody of the parties' minor child, Richard A. Stoughton. The parties agree that they shall have equal shared physical custody of their son, with each party having physical custody of their son fifty percent (50%) of the time. It is the intention of the parties that a custody arrangement respecting Richard be flexible and can be subject to modification in the future, taking in consideration the physical custody preferences of their son. 12. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. 13. SURVIVAL OF AGREEMENT. It is the intention ofthe parties that this Post- Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, fmal or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate -6- i LAW OFFICES SNELBAKER. BRENNEMAN & SPARE order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 14. COOPERA TIQN. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post- Nuptial Agreement. 15. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial 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 to the extent same has been requested by each of them. 16. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division 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 satisfaction of all claims and demands that they may now -7- have or hereafter have against the other for equitable distribution oftheir property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes 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 ,I enforcing the provisions of this Agreement. 17 . WAIVER/MODIFICATION. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. This Agreement can only be modified in , 'I " writing executed by both parties hereto. 18. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 19. HEADINGS. The headings or titles ofthe numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. 20. EFFECTIVE DATE. This Agreement shall be dated and become effective on the date when executed by the latter of the two parties. 21. BREACH; INDEMNIFICATION. If either party hereto breaches any provision hereof, then the nonbreaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the LAW OFFICES SNELBAKER. BRENNEMAN & SPARE defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. Each party agrees and -8- I , . LAW OFFICE& SNELBAKER. BRENNEMAN & SPARE . covenants to indemnify and hold harmless the other party from any and all liability and/or claims and/or damages and/or expenses (including attorneys' fees and expenses of litigation) that the indemnitee may sustain or may become liable or answerable in any way whatsoever, or shall pay upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: t, I ~/J&~~1~- 'chardE. Stoughton Date:c2-/3 -c ~ (SEAL) ~~,r~~ Trisha C. Stoughton Date: "1 0' -r~-Od, (SEAL) -9- 1- "u:.,.... ;,>';", " '1< ',:<:.""" ","-'-'r.-'M' "~~"'..v~.;"~ ~'~..._""""""... ," ~ "'" ~1lI >.;." (") () c: " '1: "l::J c:'~-:: I""'; q! f!::; ,':~) ~:;: c/5 r' ~ :'::.-j~ , ,"~, j;; C': -C::) '_J ;"i c:: ;:::: ;'-.~) ~'~; -.-[ 2J.) -c f\,.; .....:.,: LAW OFFICES SNELBAKER. BRENNEMAN & SPARE ~, RICHARD E. STOUGHTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-3531 CIVIL TERM TRISHA C. STOUGHTON, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please 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 330l(c) of the Divorce Code. 2. Date and manner of service of Complaint: by certified mail, restricted delivery on Defendant on June 13,2000 (see Affidavit of Service filed June 19,2000). 3. Date of execution ofthe Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: February 13, 2002; by the Defendant: February 13,2002. 4. Date of execution of Waiver of Notice in Section 3301 (c) Divorce: by the Plaintiff: February 13,2002; by the Defendant: February 13, 2002. S. Related pending claims: None. Date: February 14, 2002 SNELBAKER, BRENNEMAN & SPARE, P. C. r/J~ By: Attorneys for Plaintiff ,~"" ". J 0" '....;,.- Itlf:"..w::", ~ ~- ~'I:*.~Mm""'..'~~~'" '~.. ~W_. ,. ~.~ jj] ,c.- ',C "-,~ o V~ ~L; zr- ~~S: ~~ ::El -< .- o r--..,) '1 l'~r1 ~':.0 ~'-'- '" f\.,) ~'" .. " ", ir C:~) ~ LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE RICHARD E. STOUGHTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-3531 CIVIL TERM v. TRISHA C. STOUGHTON, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDA VII OF CONSENT UNDER SECTION 3301(C) OF THE DNORCE CODE 1. A complaint in divorce under Section 3301(c) ofthe Divorce Code was filed on June 9, 2000. 2. The marriage of the Plaintiff and the 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 of divorce after service of notice of intention to request entry of the decree. 4. 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. S 4904, relating to unsworn falsification to authorities. Dme: February 13, 2002 ~.t/z:~~ - . Richard . Stoughton (Plaintiff) - " ~,~' .', ~ " .~.", "M.. ~"JH .~, - < O'~'''''~''":i!llIil.''1 ,",""~'.~''';-~iliillil!lili''"--'~' ~..............,..- -f"j - ." '"=' . 0 0 ~ C r-.J- :-;;'~ ~~ -" .~. -rJ :[; r'1 rn C/J Z ..:"..:. (D -< r' ~ C} ~~ C1 s:;? ~iJ ,v' s;; L 1-""":1 S:J -j -'.., r~~; -, ~.,." IlL] I i '" LAW OFFICES SNELBAKER. BRENNEMAN & SPARE RICHARD E. STOUGHTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-3531 CIVIL TERM TRISHA C. STOUGHTON, Defendant CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 9, 2000. 2. The marriage of the Plaintiff and the 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 of divorce after service of notice of intention to request entry of the decree. 4. 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. 9 4904, relating to unsworn falsification to authorities. Date: -)nA~ <2, S=~ Trisha C. Stough (Defendant) February 13, 2002 I ~. ',-"-' ~ '-' tJ'''llIil . " '0 ..~ ,0 ., 'l\flJiIllfll~1iIll'''''~'''_' <,.. .~, ~ ......". ~, ^. '" ' .~,. ,,"-,-, ~~" .,~ L," ..~ iiiiIliIiiIIIIi~ ~"~~~<l;~ I I 0 C:.~ () C 1"'.) :S;... , v CC' ...., m CT: ,'I Z i.:XJ 0~; ~~~:,' ::r::r~. -, ,=,.,- "" 5~ '--' ",:, -. - =2 r....;- -'< ,......:,:: !Jij LAW OFFICES SNELBAKER. BRENNEMAN & SPARE ~", RICHARD E. STOUGHTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-3531 CIVIL TERM TRISHA C. STOUGHTON, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S 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 ifI 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 irmnediately after it is filed with the Prothonotary. 4. 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. S 4904 relating to unsworn falsification to authorities. Date: February 13, 2002 ~?1/~~ Richard E. St ghton (Plaintiff) k '. ~.. ,--~ ~ """",~-"" .,'" ~,~ ., - ~ '.'~'~ '---' ~" '-'"" ~~,. , o c <.~ V~'.": jF~ ~~j... S~(' S=~S~ .~ 33 " ___~;i l I C' t'''; -,,' f"q Co C~) -';':1 ;'.,,) h,) :..J~' -.;: l:J) LAW OFFICES SNEL8AKER. BRENNEMAN 8: SPARE RICHARD E. STOUGHTQN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-3531 CIVIL TERM TRISHA C. STOUGHTON, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S 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. 4. 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. S 4904 relating to unsworn falsification to authorities. D~e: February 13, 2002 j"-':~h/}~~ Trisha C. Sto ghton (Defendant) "\',.,,'" 1'~ til_""'-<~'.,;"~,, >" ~~" _.~ "" .,. = t"""'. ",.lI!iiM!.jlilillllu IIiiIlIitih"" -~, ~~ .- r.~ ' . tiIltT o ~; -0 t:r"? rrJrn ~~' r:-=C: ~~~ ::':j -~ J . ,,-?l o j'-...) ""TJ ;-'11 (,)J' ""',,, ..",~ ......... -.' '-, ;'0 r,-; .-:.'i ::q ~- ~ ~ 1 LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE RICHARD E. STOUGHTON, Plaintiff IN THE CQURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 200 3531 CIVIL TERM CIVIL ACTION -LAW TRISHA C. STOUGHTQN, Defendant IN DIVORCE AFFIDAVIT QF SERVICE COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY QF CUMBERLAND ) Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker, Brenneman & Spare, P.C., being the attorneys for Richard A. Stoughton, the Plaintiff in the above captioned action in divorce; that on June 12, 2000, he did send to Defendant Trisha C. Stoughton by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No.7099 3400000450098695; that both the Complaint and cover etter were duly received by Trisha C. Stoughton, the Defendant herein, as evidenced by the return receipt card for said certified mail dated June 13, 2000; hat a copy of the aforementioned cover letter dated June 12, 2000 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original I , ,- d" . - ','",C,' ... . , ., ~ Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true and correct to the best of his knowledge, information and belief. J~ Keith O. Brenneman Sworn to and subscribed before I me this \lO+bI. day of June, 2000. S CAv1~ (;L +< sh~ ~ - NOlllnal Seal Sandra K. Showers, Notary Public , Mecll!ll1lcsbu'9 80m, Cumb.~and County My CommissIon Expires Nov. 22, 2003 Memosr, PennsyiIJanli.) (.\~.~:,:;r:i0W:n ')i' Hc:."u'ies '., - - I LAW OFFICES SNELBAKER. BRENNEMAN & SPARE , I - ,. .-" '(j'-,;iu'~ '" -'I SNELBAKER, BRENNEMAN S SPARE A PROFESSIONAL CORPORA nON ATTORNEYS AT LAW RICHARD C. SNELBAKER KEITH O. BRENNEMAN PHILIP H. SPARE 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 717-697-8528 P. O. BOX 318 FACSIMiLE (717) 697-7681 June 12,2000 Trisha C. Stoughton 233 Birch Lane Carlisle, PA 17013 Re: Stoughton v. Stoughton No. 2000 - 3531, C.C.P. Cumberland County Dear Ms. Stoughton: Enclosed please find a certified copy of the Divorce Complaint, the original of which was filed in the above action. ~o~ jlY, 10ft / Zf'a-~ Keith O. Brenneman Enclosure BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, RESTRICTED DELIVERY, PARCEL NO. 7099 3400 0004 5009 8695 EXHIBIT A ~ , .. "1 IT" Cl Cl U"J Postage $ ,::;5" 1. Ifo I- ').r;' ). 7~ ~ S.'7:' U"J IT" ..JJ .., Certified Fee =r Return Re'ceipt Fee C (Endors'ement Required) Cl Cl Restricted DeliVery Fee (Endorsement Required) Cl Cl =r m Name (please Print Claarly) (to be completed by mailer) IT" .n.".~!:r.;i,..$.lH;L.C."m-S.tQllg:ht.OIl.......mmm....m....n.. 0- Street, APt. No.; or PO Box No. Cl .."..n2.3.3...Bix:ChnL.anem................n..mmn.mmm.... ~ City, State, ZIP+4 Cail Total Postage & Fees $ ~_.. Compiete items" 1;- 2~:"aii'd~i' Ai~~'"'to~piet~- item.4'if Resh'ictecLDeHvery is desired. . Print youl'! name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece. or on the front if space permits. 1. Article Addressed to: Trisha C. Stoughton 2s-3 Brrch Lam=- Carlisle PA 17013 x D. Is ceUvery address different from. m 1? If YES, enter delivery address bow: 3. Service Type ~Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Gl Yes 2. Article Number (Copy from service label) . .. :; ,ll i (: ; RS Fpr/11\3!l~~, Jury \999' 1 '" 'i ': " ; ~ : Iii ! \ 1 ~; \ ii ". 70~9 a.4ttol Arlo4 \ \ i.\1l~~ i :qom$tiC!: Return Receipt lHillS .:* 102595-99-M-17s9" LAW OFFICES SNELBAKER, BRENNEMAN & SPARE EXHIBIT B ";" ~.,.~,. .'~ '"" " " ''-.'''''''' .~ " ,"~',,,",""';~'---~".; "., ~1O,-- ,~> , ~, -'" _~." ;","Wf k " " (') r:: [~f~ ;::.;,:; .:::- 5:':::'-~--"' "'-J _..'0' !f[~~::' ~ -, -.; ~..' ", .-. - -.." ~.f-" r"S., :II (::, ,. f .. , -10. c:) ..:::} ,~ 2i: :-:) r..,. ',., "i#! .' ','-,,' "'. L'J !'l ;,-:.,,:/ ~3 ""c '-~ ,. ~~