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HomeMy WebLinkAbout00-04989 ,~ ~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \",\ . . ... I ,."-.' ;,.oJ' ... ~~ ~ ~~~~~~ ~ ~~~ . .. . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF Mark R. Ocker, Plaintiff VERSUS SUsan M. Ocker. Defendant AND NOW, DECREED THAT AND PENNA. No. 4989 Civil Term 2000 DECREE IN DIVORCE 6~~~ .;:r .,: )',. #I. ~ , IT IS ORDERED AND Mark R. Ocker , PLAINTIFF, SUsan M. Ocker , 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; . . . . "one. By ATTEST: ~~OTHONOTAR: ;F.;F.;F.;f. Of. '" ;F.:f.'f.:f."'''' ;F.;F. Of. iii;+: .. .. '" :f. :f.:f. . 1;]:['; "''''iii''':!:'''", . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' !ii ~'P'< .F " )f).;)5.m ;0;;)5 . tit? "!~" ~ '," ~.,.- ~ ~.",- ~ =.. .",...", . < ", ,,,,,,;"'~, ' ~:;" '\~ " .', . .... .' , . l. M t~ ~'zO dj ~"-4 ~,ua..W ~~. ',- "\-'';f ,'tee:".""'" '.~,,~,-,'" - , ~~~ ":""'~~~ "'0"",,, '1',. .,":':", , ",,__~ ~.""'~ ,-" ~ .-'~~-' - " L -. . ~ -; " -"', ' MARK R. OCKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 00 - 4989 Civil Term SUSAN M. OCKER, Defendant ACTION IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, by and between, SUSAN M. OCKER, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE", and MARK R. OCKER, of Carlisle, Cumberland County, Pennsylvania, ,hereinafter referred to as "HUSBAND", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on November 20, 1993, in Cumberland County, Pennsylvania and; " ' WHEREAS, differences, disputes, and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle their respective financial property rights and obligations as between each other, WHEREAS, the provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Husband has employed and had the benefit or counsel of Jane Adams, Esquire, as his attomey, The Wife is unrepresented by counsel. Each party acknowledges that he or she fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any collusion or improper illegal agreement or agreements, In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attomey of the impact of the Pennsylvania Divorce Code, whereby the Court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all martial property owned or possessed individually by the other, counsel fees, and costs of litigation, each party hereto still desires to execute this Agreement, acknowledge that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and waives his or her respective right to have the Court of Commons Pleas of Cumberland County or any other Court of competent jurisdiction make any determination or Order affecting the respective party's right to a divorce, alimony, alimony pendente lite, equitable distribution of all martial property, counsel fees, and costs of litigation. NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION. That the parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth their respective rights and duties while they continue to live aparffrom each other. Whereas a Complaint in Divorce was filed, both parties will agree to a No-Fault Divorce after the, applicable ninety (90) day time period has run. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that ~, ,," d "K~_ - .""< i1@l1, ~. . -) . . such division shall be final and forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 2. INTERFERENCE. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 3. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Husband has filed a Complaint in Cumberland County, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301 (c) of the Pennsylvania Divorce Code. Wife hereby expresses her agreement that the marriage is irretrievably broken and expresses her intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code, Should a decree, judgment, or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not either or both of the parties shall remarry (it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of separation.) It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment, or decree, This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date, Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. DISTRIBUTION DATE. The transfer of property, funds, and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 6. WIFE'S DEBTS. Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 7. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. ",=~'- ._. - " ~ . ~ '~ , . 8. MUTUAL RELEASE. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives; executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands whatsoever, in law or equity, which either of the parties sever had or now has against the other, except any or all cause or causes of action for divorce and except any or all causes of action of breach of any of the provisions of this Agreement. 9. DIVISION OF PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art, and other personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically wavier, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 10. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future, 11. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or both of the parties, they agree as follows: (a) The 2000 Ford Focus shall be and remain the sole and exclusive property of HUSBAND, (b) The 1998 Toyota Corolla shall be and remain the sole and exclusive property of WIFE. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date, Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. WIFE will refinance the loan on the Toyota Corolla in her name alone; refinacing arrangements for the vehicle shall be made promptly after the refinancing and assumption agreement regarding the marital home is complete, 12. MARITAL HOME and EQUITABLE DISTRIBUTION OF PROPERTY. HUSBAND and WIFE hold title as Tenants by the Entireties to the premises identified as 1014 Armstrong Road, Carlisle, Cumberland County, Pennsylvania. The parties agree as follows with respect to the marital residence: (a) Within 30 days of husband's approval for refinancing, WIFE shall deliver a warranty deed, conveying to HUSBAND all of her right, title and interest in and to the marital residence. Thereafter, HUSBAND shall be the sole owner of the marital residence and shall be permitted to record the deed and take any other appropriate action with respect thereto. The delivery of the Deed is conditioned upon Husband's ability to obtain refinancing. (b) On or within thirty (30) days of this agreement, HUSBAND shall pay WIFE Seventeen thousand five hundred dollars ($17,500) which shall be a part of the Equitable Distribution of marital property and therefore non-taxable. A $7,500 payment shall be provided upon signing the agreement and a payment of $10,000 shall be provided on November 6,2000. (c) As of the date of separation, and without regard to when bills for such items are incurred, received or due, HUSBAND shall be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the marital residence (except as provided herein), including but not limited to, all real estate taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and HUSBAND shall keep WIFE and her successors, assigns, heirs, executors, and administrators indemnified -----",----, "~" - ., - .l.,- ~lii~IW:,: and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expense. (d) There is presently an outstanding mortgage against the martial residence in favor of GMAC. Commencing on the date of this agreement, HUSBAND shall be solely responsible for timely payments of all past, present, and future principal, interest and other fees under the mortgage with GMAC. (e) HUSBAND and WIFE agree to take all steps necessary to have the mortgage assumes by HUSBAND and agree to execute a proper assumption agreement and/or any other documents collateral to this transfer. HUSBAND shall assume the cost of the refinancing and/or assumption. 13. ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and expenses. 14. INCOME TAX RETURNS. Husband and wife represent to each other that to the best of their knowledge all tax returns and other documents required to be filed with the Internal Revenue Service for calendar years 1993 through 2000 have been filed and that no notices have been received from the Internal Revenue Service which remain unresolved. Each party further represents to the other that to the best of his or her knowledge, the information set forth in the joint tax return for these calendar years was and remains accurate as relates to his or her sole income and acknowledges that the other party relied on such representations in signing those returns, Therefore, if any deficiency in federal, state, or local income taxes is proposed, or any assessment of any such tax is made against the other party by reason of his or her having joined in the filing of joint federal, state or local income tax returns, Husband and Wife shall indemnify and hold harmless the other against and from any and all tax. interest, penalty, or expense relating from any such tax deficiency, including reasonable counsel and accounting fees, and such tax, interest, and penalties or expenses shall be paid solely and entirely by the responsible party as determined to be attributable to that party on account of misrepresentation or failure to disclose relevant information of income on the aforesaid joint returns. 15. WAIVER OF ALIMONY. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. Wife and Husband do hereby waive, release, and give up any rights they may respectively have against the other for alimony, support, or maintenance. It shall be from the execution of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. In furtherance of this paragraph, Wife agrees to withdraw any and all claims that she has heretofore filed for alimony with the Court of Common Pleas of Cumberland or any other Courts. 16. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 17. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement 18. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement ""1':'"'''' J) , , ,~,)J, n,::" . L.Q;. '.-,r;) " ~ih JW!.,.[JJW ~m'~' " ~"" ;- ., " . 19. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. This agreement shall be binding and shall insure the benefit to the parties hereto arid their respective heirs, executors, administrators, successors, and assigns. 20. WARRANTY OF DISCLOSURE. The parties warrant and represent that they have made a full disclosure of all their assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange or information by the parties' Attorneys and this Agreement between the parties is based upon this disclosure. 21. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein, 22. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 23. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 24. SEVERABILITY. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation, Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 25. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his Ot her election, to sue for damages for such breach, or seek other remedies ot relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: 9~~ - i- /ob ~-t,. ~ Mark R. Ocker, Plaintiff ~""~V' '~,~ il.,!;:", 'I '. ',' "Ii. .. COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) On this, the~ay of ~J o...l,.e.., 2000, before me, the undersigned officer, personally appeared MARK R. OCKER, known-ro ~e, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 2. Public NOTARlM. 8EAI. coiMe:._JJB;_i"'* CalIlII8I1ala, tlI~CMW, . _II" E.lrIIltU ..... S Witness , J.u.bAh1~ .~ Susan M. Ocker, efendant Date: 101 I (01 OD COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) ';t1. On this, the Ie day o~, , 2000, before me, the undersigned officer, SUSAN M, OCKER, personally appeared known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ubf'~ My commission exp' es:, NOTAAlALSFA " bU., '.','~ '" A"AMS NoIAl1I'-U ,.. " ."" ..." A.'.:.!....~.~'i4 "., ll,~' , CarlisIa BOlO lIU:1KM~F.,. tf\~t!~i004. M,CommiaslonEllpireS ~6,. .' SEAL __~~1"K$i>r""iMi\oJ~~<ili:ltfut~i6b3.~,~~li,1,~;~",!,-",,_,~~;,;;ji""t!l~.~~I~_:Wlg-~,:#~jIH~"tf"""i- "" f8l,( ~o""~~ ~'. ' ,..- ,~ .. .. .' () r.::;:l (~' S~ (',:J ' , -1'1 ::So ':::l j -:'7 ~ -, n-, ~~: --I ., \. (0 \D " C> r"- ~ , ::-; .', : ~ C; ) 0 ,'.', " ~~ '__J ~ !'0 ::;! -~ :v -< (=' -~ ~"'... - ......_~- - ""_ m r 4"'. - MARK R. OCKER, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 00 - 4989 Civil Term SUSAN M. OCKER, Defendant : ACTION 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 ~3301(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered by certified mail. restricted deliverv. return receipt requested. delivered on: July 17. 2000. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: October 16, 2000 By Defendant: October 16, 2000. 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: October 19, 2000. Date:!o ./q, 00 Respectfully Submitted: fit'AR. al4W.J , ane Adams, Esquire J.D. No. 79465 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff t'.!Ha' MARK R. OCKER, Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA ~ No. 00- Lj9t9 Cro,' ( SUSAN M. OCKER, Defendant : ACTION IN DIVORCE , NOTICE TO DEFEND AND CI,AIM 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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) 249-3166 ~,;,.,=~~- ,-- u-'''', -'J"I,,: , ;. '~ MARK R. OCKER, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. fH;, '1 9 ft1 ~) ~ SUSAN M. OCKER, Defendant : ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Mark R. Ocker, an adult individual, who has resided at 1014 Armstrong Road, Carlisle, Cwnberland County, Pennsylvania, 17013, since 1998. 2. Defendant is Susan M. Ocker, an adult individual, who has resided at 1014 Armstrong Road, Carlisle, Cwnberland County, Pennsylvania, 17013, since 1998. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on November 20, 1993 in Cwnberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have no children together. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces ofthe United States of any of its allies. '--', - ~ ~~~ -~ ~~ ~" ~l",._ ~.l..~~:1 1 i (........... 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. 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. 94904 relating to unsworn falsification to authorities. ~~~o~ Mark Ocker, Plaintiff Respectfully submitted, Date: ?-~~ '0-0 ane Adams, Esquire J.D. No. 79465 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ~ - ~"-~~ --.," ~'~-"-.~~1lI.i _~":fjt' i -.' ~ 16lliJLilii'fl~~'" .. m~ ~ ~ Of 5:1 r:, ~ 'illIlU -~i.....~ ~'"~ ............. "-., ~~G ~ ~~~ ~ c::::> ~ \ - \ ...--- ~ , 0 0 C> C 0 -:'1 -,,~ <, ~ ~~,-j va~ ,- C9n~ r= 'T1 I::';;' .G_:J_ ;'o~:3 zr- ~~1~ J;- ;_J~) ~C 'U ,'-;::1 :r>C'J 3:: ?=c) ~.,;;'C) >e: W c5rrl <----:! ~ ::;) d, -' f>,) -< m :"-~~ " - ~'" L if..!:lHlll!,u;l;-,_ MARK R. OCKER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 00 - 4989 Civil Term SUSAN M. OCKER, Defendant : ACTION IN DIVORCE AFFIDAVIT OF SERVICE OF THE NOTICE TO DEFEND AND COMPLAINT AND NOW, this July 19, 2000, I, Jane Adams, Esquire, hereby certify that on July 17, 2000, a true and correct copy of the NOTICE TO DEFEND AND COMPLAINT were served, via certified mail, restricted delivery, return receipt requested, addressed to: Susan Ocker 1014 Armstrong Rd. Carlisle, Pa. 17013 DEFENDANT Respectfully Submitted: ane Adams, squire I.D. No. 79465 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF -, " ~, , ti15drn~ieil! It<iffls:f2,~hd 3.Ai~" coril~l.le . item 4 if Restricted Delivery is desired. . Print your 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 '(he front it space permits. 1. Article Addressed to: ' !! 4'\'l~ ~ee-: DYes DNa ii . ~ ~: ~()~ 10J c.; Ckm5lvavtO f!ot ~ p& /70/3 D. Is deliVery address different from item 1? If YES, enter delivery address below: 3. Service Type ~ Express Mail ~ Return Receipt for Merchandise o Insured Mail 0 C.O'.D. 4. : 2. Article Number (Copy from service label) . ;:;;;;:?, 2.<1 0 J 1 nO) K PS Fon:n 3S'.1.,).uly 1!;J99 QQTJ:les~ic Return Receipt , : r i I ;;;'!) ; , ,,' r 102595-00-M-0952 ~~ ...........-~~ "'","*, .. MARK R. OCKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 00 - 4989 Civil Term SUSAN M. OCKER, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301 (c) of the Divorce Code was filed on July 14, 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. 4. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees, or expenses, if I do not claim them before a divorce is granted. I understand that the statements made in this affidavit are true and correct. I also understand that false statements therein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 10.'&' 00 .~...-z.,_a, Mark Ocker, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER (\3301 leI OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: 1.1 lie #, I b j 1ft! ' tJ(), '~-z.c;;..' Mark Ocker, Plaintiff '- 0.... .'~ , """'''''''''ii)~~liHIlll~~~~~I,~~'~~'-'''~"' ..'" ~ ' '~,' ,- ,.~^',~ ,^ , ""","" .'~~'-~'." 8 >- -0'2;":- rr~C, f'~~~7 ~F ~ -<, ,. :'..) (::;. -~~ --- 1'1 - <:::> a o ~tl <:::> --, , - --I --,-' -;~ ,:IJ ---- '..0 ~':::~ (~:; .,:..; C~) -"--~'-i ~~;-,~ c) l'~ ~< ~ .... MARK R. OCKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 00 - 4989 Civil Term SUSAN M. OCKER, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301 (c) of the Divorce Code was filed on July 14, 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. 4. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees, or expenses, if I do not claim them before a divorce is granted. I understand that the statements made in this affidavit are true and correct. I also understand that false statements therein are made subject to the penalties of 18 Pa,C.S. 4904, relating to unsworn falsification to authorities. Date: !D.lh.()O , .tw. M "^ "'YYI. Oc..ku, S'usan Ocker, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OFA DIVORCE DECREE UNDER '3301/cl OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S, ~4904 relating to unsworn falsification to authorities. Date: /0 / /1 .It.~/) , ~-m.6~ Susan Ocker, Defendant iIiiiiii>~~'''''< ~~!/"'iilw~a~.t - ~~ ~-,- ~. 'l!.1"'~'-hl<I~.l.r jWJrmjimrlI' .~'"--_. ~" - ". 0 t"::,) CJ C 0 "Tl :=" 0 U ":~~ [' C) ->., rn!'r, -\ -;1 Lr j'= "':.;:, i-" ~~J ,-n (j~?: ,re J CJ ~ -, i 2I"=~ ~~ :.~! ~ ,- -:,.;.~ -, .~'~j ;~ ,,,- :".~ C" 5'; c: ,--~J :-n .:::J Z i'V -.,";' --, 5J -" 0 -< Ii