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HomeMy WebLinkAbout97-01639 h 0 0 of Ll y 0 0 of 4~41.. A N v a :., :., :., :•, :•s :.?..as .c.; <r.. cr.• •:r.• :e• :e:• te:• a; :?:• a:• ;e: •:c• •:e:• :• <e, ze•: •:?:• :?:• :e: pi ;.i •:r.• :e:._,(? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DIANE L. BROOKS I 97-1639 c97 WAYNE L. BROOKS t; DECREE IN DIVORCE ( .................. 1991. , i ordered and AND NOW, ..??% it is v DIANE L. BROOKS decreed that ..................... plaintiff, ••• . L. BROOKS ......................... . • , defendant, and . . . . . . . . . . . WAYNE. .... 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; V OVQ o ......All .claims. have. heen..encompassed. in..a. Se.ttlement.......... , e Agreement which is attached hereto,andJi •oppgr?Lted,..,.., •.: into the Decree. By Tl, Co t: Attest: J. 7?GjLrf JSLGt1i, /vll 'c Prothonotary r 00 ;31} •Y . :?: •:.i {?:• •:e:. ;e:• <?:• •S:• Ce:• {e:• {e} ;e} {.:• {?:• ;e:• <e:• •:e} :?:• C17 {e} t?;• lej -M G THIS AGREEMENT, is made this 2-1 day of / Irr'r , 1997, by and between DIANE L. BROOKS ("Wife") of En a, Cumberland County, Pennsylvania and WAYNE L. BROOKS ("Husband"), of Harrisburg, Dauphin County, Pennsylvania. N I T N B 0 9 B T H• WHEREAS, Lhe parties, currently Husband and Wife, are in the process of obtaining a decree in divorce; and WHEREAS, by this Agreement, the parties have intended to effectuate and equitably divide their marital property; and WHEREAS, diverse unhappy 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 hereto are desirous of settling any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed as an essential part hereof and in consideration of the premises and of the 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 hereto, Husband and Wife, each intending to be legally bound hereby, agree as follows: The parties agree that the terms of this Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to them. The parties understand that this Agreement shall survive any final judgment or Decree of Divorce and shall be independent thereof and the incorporation of this Agreement into the Divorce Decree is for purposes of enforcement only. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. No representations have been made by either party to the other, or by anyone else, as to the financial status of the other except as expressly set forth in this Agreement. Both parties acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received independent legal advice or choosing to forego receiving such advice, 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 or illegal agreement or agreements. 1. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either 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 otherwise. Both parties understand they have the right to have a Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Both parties waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. b. The right to obtain an Income and Expense Statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have the Court determine which property is marital and which is non-marital and equitably distribute between the parties that property which the Court determines to be marital. d. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to possible claims for divorce, spousal support, alimony, alimony pendente lite, counsel fees, costs and expenses. 2. PERSONAL RIGHTS. Husband and Wife, may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. 3. MUTUAL RELEASES. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any party thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtsey, or claims in the nature of dower or curtsey or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or Territory of the United States, or (c) any other Country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to all property which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 4. PERSONAL PROPERTY. a) Husband and Wife acknowledge and agree that they have previously equitably divided all their personal property to each party's satisfaction. The parties each waive all rights to any of the personal property already divided between them unless specifically mentioned otherwise in this Agreement. b) Husband shall pay and/or reimburse to Wife the sum of $2,000.00. This sum shall be paid as soon as Husband finishes the Bethlehem Steel job he is currently working on or by December 31, 1997 whichever is sooner. This payment represents payment in full for amounts that were garnished from Wife's paycheck, babysitting expenditures and back support. The parties acknowledge that this amount is fair and acceptable. 3 C) AFTER-ACQUIRED PERSONAL PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were not married. 5. RBAL ESTATE. The parties acknowledge that there exists no marital real estate. The marital home has been foreclosed upon. Both parties acknowledge tnat tney have confirmed that no deficiency judgment exists with regard to this real estate. 6. ALIMONY, ALIMONY PENDENTE LITE SPOUSAL SUPPORT. The parties do hereby waive and surrender any rights and/or claims they may have to interim or final alimony, alimony pendente lite and spousal support. ATTORNEY'S FEES AND COSTS. The parties do hereby waive and surrender any rights and/or claims they may have to interim or final attorney's fees, costs and expenses. 8. PAYMENT OF MARITAL DEBTS. a) Husband shall be responsible for the debt owing to PP&L which was reduced to judgment against both parties. In the event PP&L forces Wife to pay any part of this debt, Husband shall immediately indemnify Wife and reimburse her for all monies spent. b) Each party represents that he/she knows of no other bill or debt for which the other is responsible, in full or in part. 9. WARRANTIES TO EXISTING OBLIGATIONS. Each party represents that he/she has not incurred or contracted for any debt, liability or obligation for which the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any such debts, liabilities or obligations which may have heretofore been incurred, including those for necessities, except for the obligations arising out of this Agreement. Husband and wife agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 11. 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. 12. BREACH. It is expressly stipulated that if either party fails in the due performance of any of his or her obligations under this Agreement, the other party shall have the right at his or her election to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available and said other party shall have the right to recover his or her reasonable legal fees and costs for any services rendered by his or her attorney. 13. 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. 14. LAW Or PE SSYLMIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 15. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 5 16. INTEGRATION. 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 other than those expressly set forth herein. 17. NO WAIVER OF DEFRULT. This Agreement shall remain in full force and effect until terminated 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 breach of any pro,?isicn hereof be aonatrued as t waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 18. 8EVERABILITY. V If any term or provision of this Agreement shall be determined to be void or invalid in law or otherwise, then only that term or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force and effect. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 19. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties, intending to be legally bound hereby, have set their hands and seals to this Agreement. ?-;-? ?e?'6 Witness Witness l C ` I D ANE- L. BROOKS ??' \t '\ /'- , -\ WAYNE L. BROOKS f ?. i 9t r ? : _? . ,_ : ` ?:,? .. ? ?? , . ?' , : . , . ,.,? - .. L.?': f.. ? - C . ?? i. .. CJ DIANE L. BROOKS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 97 - 1639 CIVIL TERM WAYNE L. BROOKS, Defendant IN DIVORCE 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 (x) 3301 (c) [ ) 3301 (d) (1) of the Divorce Code. 2. Date and manner of service of the Complaint: April 7. 1997 by Acceptance of Service 0 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the Affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff on August 8. 1997 _; by the Defendant on August 28. 1997 (b)(1) Date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce code: (2) date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: None. All claims encompassed in settlement Agreement incorporated into divorce decree. 5. Date of execution of the Waiver of Notice of Intention to request Entry of Divorce Decree: Plaintiff on 8/8/97; by Defendant on 8/28/97. ) ?7 jwi. 9/jolf1 KENNETH'F. LEWIS,' ESQUIRE Attorney for Plaintiff I.D. 169383 1101 N. Front St. , Hbg, PA 17102 (717) 234-3136 ? o ,, ,. _, ?,?? ???. ?,. ?,. ?': . ? ,. ,,.: ?:, - , :, ,... ?, , ? , c ) ,_, ?? . ?'? U ?t 2 : 1 . } ? ;H t 3 rp_ ? k ,} • Y4"rY y r R _ t IN ' t?t ?? .: z3a'T ? f ??? f 1 -f r •L S S f !da i y (3 +, 1: a iii" < . r r c a i .f a '??? - E i 3i ' 4" ts_ i t f ,jsS h Y . 4t a a z?. v: `` ?j'3 1 f ! Y t ? f .f t G ? i ! kSS ?'?}V £ Y § yl?!=}3 l } ? t - tt al1Yi ' R xZS '?? ? R .4 A.L t ( _?f t I{S ray Sf'! 1 A S V T\} ? J ? +n h , , t ? i f 1 y E{'? I ? , t T 1 1 1 V t 3 h, ' 's r - §t1S ?H ? , ?ai rh 1 t J1 ? ?1 I ? rt I 't } ??. rrY'ff T r a s t + ? ' n +... y ?> } x i t 9 ?` .Jr a (} l t ,,r9 r;. I a: : rS '.a 1 0 t t rq' ? # " # Sty G y t Y j 1 5- AY•$t ? ? ( r' ? I r f . F [n •. , r Y ? J'A .3ti SC ' .: 1? y 4 } } 1 \ t 1 ( I ' j aw Y?ty-. "y,? T?,1) jets ,ifit n 't i'? ) 4 4 l f { J 1. h i (1 I4t 1 J? + i? ? 1 7 M14?? S 4 t ? T t i! '?? r } .S ff ` , z i c I. ?. t ?S ( P ] ? " ? f 5 t i? {{{{ [ i ? I fi ? n ( L ` ? I r i ? 1 t AY, y1 1- ? G f i V if Y ? L? a } , ? t ? Y it f 1+ ? ,. f- t' t C e ' l r , 5 ? l'.; ?.. i x :y} d '} t i '`?, g j } 1 ; +t r f i > S V `. t 'Y. t ?> %1 „ I 4 r ' 7 KENNETH F. LEWIS, ESQUIRE 1101 North Front Street Hbg., PA 17102 (717) 234-3136 Attorney for Plaintiff DIANE L. BROOKS, Plaintiff V. WAYNE L. BROOKS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. (l '7 - /L 311 04- . Q -la, CIVIL LAW - DIVORCE/' NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a Decree of Divorce or Annulment may be entered against you by the Court. A judgment may also be entered 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 marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 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. COURT ADMINISTRATOR'S OFFICE FOURTH FLOOR CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013 (717) 240-6200 KENNETH F. LEWIS, ESQUIRE Attorney I.D. 169383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff DIANE L. BROOKS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 97- /1.39 0cacF 7-e-- WAYNE L. BROOKS, Defendant CIVIL LAW - DIVORCE/, COMPLAINT IN DIVORCE 1. Plaintiff is DIANE L. BROOKS, who currently resides at 23 Pine Ridge Circle, Enola, Cumberland County, PA 17025. 2. Defendant is WAYNE L. BROOKS, who currently resides at 5015 Utah Avenue, Harrisburg, Dauphin County, PA 17109. 3. The parties have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 25, 1990 in Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. i 6. The marriage is irretrievably broken. 7. 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. WHEREFORE, Plaintiff respectfully requests this Court to enter a Decree of Divorce pursuant to S 3301(a) of the Domestic Relations Code. 8. Plaintiff hereby incorporates Paragraphs 1 through 7 of her Complaint as if fully set forth herein. 9. The parties are owners of marital property subject to equitable distribution. 10. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties and the marital debts of the parties without regard to marital misconduct in such proportions as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests that this Honorable court enter an Order of Equitable Distribution of marital property and marital debts pursuant to 53502 of the Domestic Relations Code. COUNT III REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE 11. Plaintiff hereby incorporates Paragraphs 1 through 10 of her Complaint as if fully set forth herein. 12. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 13. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is willing to negotiate a fair and reasonable settlement of all matters with Defendant and is hopeful that Defendant may also be willing to enter into a marital settlement agreement. 14. To the extent that a written settlement agreement might be entered into between the parties, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divores decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the parties prior to the time of hearings, Defendant respectfully requests that this Honorable Court approve and incorporate any agreement in the final divorce decree. DATE:.3/3`/ /? X" ?" KENNETH F. LEWIS, ESQUIRE Attorney I.D. 169383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff I hereby verify that the statements made in the foregoing document 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: DIANE L. BROOKS 3?Iq KENNETH F. LEWIS, ESQUIRE Attorney I.D. 169383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff r DIANE L. BROOKS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. WAYNE L. BROOKS, Defendant CIVIL LAW - DIVORCE/d•. ACCEPTANCE OF SERVICE I accept service of the ComRlaint in Divorce. 11 ? _ DATE: ?? A L.?BROO .:, ?, ??: _.. ,, , ;?_ ,. ?: ,,. ? , ?_ ; ?• ,_+ _ .. KENNETH F. LEWIS, ESQUIRE Attorney I.D. 069383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff DIANE L. BROOKS, Plaintiff V. WAYNE L. BROOKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 1639 Civil Term CIVIL LAW - DIVORCE 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 April 1, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of service of the Complaint. 3. I consent to the entry of final Decree of Divorce after service of notice of intention to request entry of the decree. 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. 0 DATE: P11? ) LX F DIANE L. BROOKS L = r._ C' c ; i KENNETH F. LEWIS, ESQUIRE Attorney I.D. 169383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff DIANE L. BROOKS, Plaintiff V. WAYNE L. BROOKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 1639 Civil Term . CIVIL LAW - DIVORCE AFFIDAVIT OF CONSENT UND -R H-LUTON 3301 (c) OF THE DIVORCE CODE 1. A complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 1, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of service of the Complaint. 3. I consent to the entry of final Decree of Divorce after service or notice of intention to request entry of the decree. 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: WAYNE L. BROOKS C? 1 (:- (f C: i?? ?, C`: CJ? -•, u-=" C?'?-. ,n f?".1 ?..: .'. ?__ `` ?? iU C U KENNETH F. LEWIS, ESQUIRE Attorney I.D. 069383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff DIANE L. BROOKS, Plaintiff V. WAYNE L. BROOKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 1639 Civil Term CIVIL LAW - DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(a) 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. $4904 relating to unsworn falsification to authorities. DATE: lA?'Z \CC? ) Rte( ` > 1 DIANE L. BROOKS ^ ra IJ' I J• O G? r? KENNETH F. LEWIS, ESQUIRE Attorney I.D. 169383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff DIANE L. BROOKS, Plaintiff V. WAYNE L. BROOKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 1639 Civil Term CIVIL LAW - 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. $4904 relating to unsworn falsification to authorities. n J DATE: 7-? L J WAYNE L. BROOKS r? ?; L'!ry ?' C) •_ .t . _ ;: 1Co (i_ _?. a. j ?? ' ? '> C?' - ; O ? ? . _ . .. u? , t!1 C CU ? U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs : File No. J IN DIVORCE L a??s G1 0 ? Defendant 44,411) 14 Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking'Yj prior to the entry of a Final Decree in Divorce, G? or .after the entry of a Final Decree in Divorce dated c hereby elects to resume the prior surname of CN' ?--? - N C-1rZ , and gives this written no 'ce avowing his / her intention pursue to the provisions of 54 P.S. Date: ?g a r Signature Signature of name being resumed COMMONWEAL OF PPRISYLVANIA ) COUNTY OF w /o c ?9 On the ?-4 day of 200j before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. n Notary Public NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 W