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HomeMy WebLinkAbout97-01884 ~ C;. ~ u ~ ~ ::! \l Q: ~ \l ~ " ) , ,",/ / i - . . :l .... ~ e:... 60 - r I r-- ~ , I , ***~*~***~~~*~*****~.}**.*******'~ ~ . -.-...--... .--.. -------......-..~........--------~ .'-~-------.'--. ._~-..........,_.--..-..~-~--- -----..-............- ~ ~ y ~ ~ IN THE COURT OF COMMON PLEAS ~ ~ OF CUMBERLAND COUNTY STATE OF * PENNA, s ~ ~ '.' ~ ~ '.' ~ ,SCOTT M, .BENFIELD ~ '.' Plaintiff l\ 0.97:::1884..... ............. 1<) $ v()j....lIs ~ ..DANA W, BENFIELD ~ Defendant ~ .' $ ~ '.' DECREE IN DIVORCE ~ ~l .. W ~.I AND NOW, . . klChl.c:.~ ~tJ. . 2..~. . .. " 19. .9.7.... it is ordered and decreed that.......... ~~~Tr. !1:. ~~~f.I~~~....................... plaintiff, and. ... . ....... . .. .. .. .111\111\ .\o!,. .1lE;tjF:~E;I,Q... .... ... ... .... . ..., defendant, are divorced from the bonds of matrimony. ..; * ~ ~.' ~ ~.' w '.' ~ '.' ~ ~.' 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; s ~ " $ The Marriage Settlement Agreement dated November 13, 1997 is hereby .............. .......... ..... '" ........ ,-...,.. ... ... ...... ... .... ... ..... ~ '.' incorporated herein by referenee thereto. .......,. ......... ........, ,-.............,... ... ............. .,.. ........ ~ ~.' fly The VL'!2- o~{L . r . Alle.t, I ? - J. ~(l '&"N,~ ~~, '''' ~ ~~~I ):' A'ee: A'~ / 'T7 Prothonolnry ~ ,.' ~ :.' ~ ~ <: ~ II ~ ----~,..- ,-*} (,to:. -:.:. .:.:. .:.: ~ I,:, 1'- ( . }.', '. I':' i~ , ;~ .:t:. .:+:. .:+:. ~ '.' ..' .:+:. .:+:. .:+;. .:+;. .:+:. .:+:. .:+:. .:+:. .:.:- .:+:. .:+;. .:+:. -:+:. .:+:. -:.:- .:~:. .:+;. .:+:. .:.:. ~ ... ~ '.' ~ '.' ~ '.' ~ '.' ~ ... ~ ... ~ ~ '.' ~ '.' ,', ~ .. ~ ~ '.' ~ '.' ,', ~ i.. ~ '.' ~ '.' ~ '.' ~ " " ~ ~ ~.~ ~ '.' ~ " ~ ~.4 ,', ~ ,', ~ ~ '.' ~ '.' ~ ~ .. ~ * 97-. I 8 ~'I- D.,1...1. :r~,lh>V MARRIAGE SEITLEMENT AGREEMENT THIS AGREEMENT, made thisl~-/b.day of ~DlX.-~, 1997, by and between DANA W, BENFIELD, hereinafter referred to as Wife, and scon M. BENFIELD, hereinafter referred to as Husband, WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on September 1.1990, in Burke, Fairfax, Virginia; and WHEREAS, there have been two children born of this marriage, namely, Madison Rae Benfield, born January 15, 1994, and Morgan Blake Benfield, born July 31, 1996; and WHEREAS, diverse unhappy differences, disputes, misunderstandings and difficulties have arisen between the parties as a result of which Husband has separated from Wife and they are living separately and apart; and WHEREAS, the parties desire to confinn their separation and make arrangements in connection therewith, including the settling of their property rights and other rights and obligations growing out of their marriage; and WHEREAS, it is the desire of the parties to effect a complete and full settlement with respect to any and all claims, obligations, rights, duties and responsibilities of the parties with respeet to the marriage, including but not limited to financial and property rights and obligations between each other, in accordance with the provisions of the Divorce Code, 2 NOW, THEREFORE, considering the above conditions and circumstances, and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, and intending to be legally bound hereby, it is agreed as follows: I, It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she from time to time may choose or deem lit. 2, Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other or compel or endeavor to compel the other to cohabitate or dwell with him or her. 3, Wife relinquishes her inchoate intestate right in the estate of Husband. and Husband relinquishes his inchoate intestate right in the estate of Wife, and each of the parties hereto, by these presents for himself or herself, his or her heirs, executors, administrators or assigns, docs 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 a matter or thing done, omitted or sulTered to be done by said party prior to and including the date rereof, except that this release shall in no way alTect any cause of action in any absolute divorce which either party may have against the other, nor shall this release alTect any cause of action which either party may have against the other of whatever nature, arising or which may arise, under this Agreement or for the breach of any provision thereof, " 3 4, Nothing contained in this Agreement shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against each other in any jurisdiction based upon any of the grounds for divorce specified in Section 3301 ofthc Pennsylvania Divorce Code, In the event any such action is pursued or initiated, the parties shall be bound by all the tenns of this Agreement. This Agreement may be submitted to the Court for approval pursuant to the Pennsylvania Divorce Code, with a request that it be incorporated into the Final Decree; and, in any event, this Agreement shall survive any Divorce Decree, shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the parties, and continue to be enforceable in accordance with its tenns. 5. The parties have attempted to distribute their marital property in a manner which confonns to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code, and have taken into account all considerations set forth therein. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and a division is being effected without the introduction of outside funds or property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights and any other rights of the parties, 6. The parties have divided between them to their mutual satisfaction the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither will make any claim to any such items which are now in the possession or control of the other, except as otherwise set forth in this Agreement. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties 4 hereto, and should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. 7. The parties hereto are owners as tenants by the entirety of real estate situate at 15 Golden Rod Drive, Carlisle. Cumberland County, Pennsylvania, which is improved with a four bedroom bi-Ievel home, The parties agree that they shall sell this real estate and after the deduction of all legitimate costs associated with the sale thereof, including real estate commissions if any, transfer taxes, attorney's fees, etc., and the payoffofthe mortgage at Farmers Trust Company, the net procceds from said sale shall be divided equally between the parties hereto, As of the date of the execution of this agreement the property referred to herein is rented but the parties will continue to try to sell the home. It is agreed between the parties hereto that all rental payments shall be applied to the expenses of the home including the monthly mortgage payment. If during the period that the home is rented the monthly rental payment is insufficient to cover the monthly mortgage payment, Husband shall be obligated to pay the difference thereof. However, should there be a period of time when the home is not rented prior to the home being sold the parties hereto shall each pay one-half of the monthly mortgage payment and all utilities and other expenses of the home. It is understood and agreed by the parties that during the period of time which the house is rented Husband will handle the receipt of the monthly rental payment and the monthly mortgage payment. Husband agrees that so long as he receives the rental payments in a timely fashion from the tenant renting the home that he will make said mortgage payments on or before the date on which a late charge would otherwise be assessed, 5 8, The 1990 Oldsmobile Bravada currently titled in joint names shall become the absolute property of Wife and Husband relinquishes any and all right, title and interest he may have in said vehicle and Husband further agrees to execute any and all titles. sales and use tax fonns, and any other documents necessary to effect this lransfer to Wife, 9. The 1997 Honda Civic automobile currently leased to the parties jointly shall become the absolute property of Husband and Wife relinquishes any and all right, title and interest she may have in said vehicle and Wife further agrees to execute any and all titles, sales and use tax fonns, and any other documents including lease documents, if Bpplicable, necessary to effect this transfer to Husband, 10, The parties have divided between them to their mutual satisfaction all savings and checking accounts heretofore used by them during their marriage. 11. The parties hereby agree that for each taxable year including the year this agreement is executed and all taxable years thereafter Husband shall be entitled to claim Madison Rae Benfield as a dependant for state and federal income tax purposes and Wife shall be entitled to claim Morgan Blake Benfield as a dependant for state and federal income tax purposes, Whichever party may be deemed to have custody of the children under the Rules and Regulations of the Internal Revenue Service shall sign yearly whatever documents are necessary in order to effectuate the tenns of this paragraph. Should either party fail or refuse to execute whatever documents might be necessary to effectuate the tenns of this paragraph, it is understood that a copy of this agreement may be submilled to the Internal Revenue Service in order to allow the appropriate party as set forth above to claim said child as a dependant. 6 12. Wife sholl hove primary physical custody of the minor children born of this marriage and the parties sholl hove shored legal custody, core and charge of the children born of this marriage os provided in 23 1'0, C,S, A, Section 530 I, et. seq, Ilusband sholl be entitled to partial custody of the children every other weekend, Fathers day and as the parties may mutually agree, In addition, the parties will split and/or alternate all holidays as the parties mUlually agree, Both parties acknowledge that it is in the best interest of the children to remain close to both parents and the parties shall confer with each other on all important matters pertaining to the children's health, welfare, education and maintenance with a view toward obtaining and following a hannonious policy in the children's best interest and shall keep each other infonned of the progress of the children's health, education and social adjustments, 13. Husband shall pay to Wife for the support and maintenance of the two minor children born of this marriage an amount equal to that required under the support guidelines adopted by the Pennsylvania Supreme Court which amount may be modified from time to time based on a change in circumstances. As of the date of the execution of this agreement, the amount required under the support guidelines would be approximately $800.00 per month and for purposes of this agreement that amount shall be deemed the amount attributable to child support which Husband shall pay to Wife. Husband's obligation hereunder shall continue so long as Husband is required to do so as obligated by law. Should there be a change in circumstances, the amount of support may be modified either through renegotiations between the parties or through the Courts if the parties can not agree said support to be based on the applieable laws relative to child support in effect at that time, ,. I r I 7 14. Husband agrees to provide medical and hospitalization insurance for the benefit of said children so long as said children are his obligation to support and so long as he can obtain such coverage through his employment. In addition each party shall be responsiblc to pay one- half of all uninsured medical, dental, optical and orthodontic expenses incurred by the children after the date of the execution of this agreement and so long as said children are their obligation to support. IS. Husband agrees to pay to Wife as alimony a sum equal to the difference between the child support he is obligated to pay and the sum of$I,700,OO per month. For purposes of this agreement and assuming child support in the amount of$800,OO per month, the amount of alimony payable by Husband to Wife shall be $900.00 per month. In addition for purposes of this agreement, the sum of$I,700,OO shall be deemed to be a "threshold" as of the date of the execution of this agreement. Should Husband receive an increase in his income through employment prior to the tennination of his obligation to pay alimony as set forth herein, then and in that event, the "threshold" established hereinabove shall be increased by 25% of the net increase he actually receives. Similarly, should Husband receive a decrease in his income through employment prior to the tennination of his obligation to pay alimony as set forth herein, then and in that event, the "threshold" established hereinabove shall be decreased by 25% of the net income decrease. Any such increase or decrease as provided for herein shall be deemed an increase or decrease to alimony and not child support and shall modify the "threshold" established herein. Until such time as the payments of alimony are tenninated as hereinafter provided, it is agreed by the parties hereto that should Husband's obligation for child support be increased or deceased then Husband's payment of alimony to Wife shall be increased or deceased I I, .. ,. ~ : ~ j, \ i 8 as Bppropriate so that the total payment of child support and alimony never exceeds the "threshold" established herein, For example, if Husband's net income through employment is increased by $100,00 per month. then the "threshold" established herein shal1 be increased to $1,725,00 per month with $800.00 per month attributable to child support and $925,00 attributable to alimony. Should thereafter children support be increased to $825,00 per month than that sum would be attributable to child support and$900,OO per month would be attributable to alimony, It is understood and agreed that Husband, his heirs, executors. administrators and assigns shal1 be released from the obligation of any and all payments for alimony due under this paragraph which shall fall due subsequent to the happening of any of the following enumerated events: a) December 31st of whatever year the parties youngest daughter, Morgan, starts first grade, with it understood that Morgan shall not be held back from starting first grade when she nonnal1y would without a reasonable basis and without both parties agreement; b) The death of Wife; c) The death of Husband; d) Wife's remarriage or her continued cohabitation with an unrelated member of the opposite sex. It is understood and agreed that all payments made by Husband to Wife for alimony in accordance with and as provided for in this agreement shall be tax deductible to Husband under the provisions of the Internal Revenue Service Code and shall be considered as periodic 9 payments taxable to Wife under the provisions of the Internal Revenue Code during the tenn of Husband obligations hereunder, It is further understood and agreed by the parties hereto that at such time as alimony payments tenninate as herein above provided that child support will or may be redetennined based on the applicable laws relative to child support in effect at that time, At such time as the alimony payment as set forth above is tenninated and the child support payment is redetennined in accordance with this provision, Husband agrees that he will pay child support in an wnount equal to $50.00 per month greater than the applicable laws relative to child support in effect at that time if Husband's obligation is for the support of two children and $25.00 per month greater than the applicable laws relative to child support in effect at that time if Husband's obligation is for the support of one child. 16. As additional alimony taxable to Wife and deductible by Husband, Husband shall pay to Wife one-half of Wife's health insurance premiums for three years following the date of the execution of this agreement. Payment by Husband as provided for herein is contingent upon wife obtaining health insurance benefits through Husband's cobra program at Husband's place of employment. Should Wife become employed during this three year period and should Wife be able to obtain health insurance through said employment, then and in that event, Husband shall have no obligation to pay any sum whatsoever towards Wife's premiums for said health insurance. 17. Should either or both of the parties children be accepted and attend an undergraduate college or a vocational school following graduation from high school, Husband agrees to pay 60% of the costs of tuition, room and board expense, book expense and 10 miscellaneous fees charged at the undergraduate college or vocational institution which the child attends after deducting any loans, grants, or scholarships that the child may receive, and Wife agrees to pay the remaining 40% of the costs sent forth above, 18, Except as otherwise specifically provided for herein, both parties specifically waive any and all rights they may have at present or hereafter may have for spousal support and further waive any and all rights they may have at present or hereafter may have for alimony, alimony pendente lite or separate maintenance and support as provided in Section 3701 and Section 3702 of the Divorce Code, 19, Each party shall be individually responsible for the payment of his or her own respective attorneys' fees and costs both for the negotiation and preparation of this Agreement and also for the divorce action previously filed by Husband. 20, Except for any debt or obligation of either party to the other under this Agreement, each party hereby agrees to save and hold the other harmless from all personal debts and obligations incurred by him or her from the date hereof, 21. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability other than described in this Agreement on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter instituted seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will, at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulili1g therefrom. Each party hereby releases the other from all claims, liabilities, debts, obligations, 11 actions and causes of action of every kind that have been or will be incurred relating to or arising from the marriage between the parties, However, neither party is relieved or discharged from any obligation under this Agreement, or under any instrument or document executed pursuant to this Agreement. 22, Neither party shall contract any debt or liability for which the other party or his or her property or estate might be responsible, and shall indemnify and save the other harmless from any and all claims and demands made against him or her by reason of the debts or obligations incurred by the other party. 23, It is understood and agreed by the parties hereto that Husband has filed an action in divorce in the Court of Common Pleas of Cumberland County in which he has alleged that the marriage is irretrievable broken under 3301(c) of the Divorce Code, Both parties further understand and agree that Husband shall continue to pursue said divorce on said grounds and that both parties will file the necessary affidavit of consents and all other petitions and documents necessary to effectuate the divorce, Towards that end, contemporaneously with the execution and deliver of an executed copy of this agreement, Wife shall also execute and deliver to Husband's attorney "in trust" an executed affidavit of consent and waiver of notice of intention to request a divorce decree which documents shall be dated in such a fashion that they can be filed within the time periods prescribed under the Pennsylvania Rules of Civil Procedure within a reasonable period of time in order to finalize said divorce. Husband's attorney shall hold said documents "in trust" and not file them until such time as Husband's attorney is in a position to provide to Wife's attorney a fully executed copy of this marriage settlement agreement. This agreement shall only become effective upon the parties divorce 12 and should the parties not be divorced for any reason whatsoever, then this agreement shall be deemed null and void. 24. If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 25, Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and each 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 the 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 agreements, 26. Each party shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments which may be reasonably required to give full force and effect to the provisions of this Agreement. 27. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein, Husband and Wife 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 13 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 have or hereafter may have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of the Divorce code or any other laws, Husband and Wife each voluntarily and intelligently waive and relinquish any right to seck a court-ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seck relief of any court for the purpose of enforcing the provisions of this Agreement. 28. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 29, This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 30, If any term, condition or 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 provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, operation and effect. 31, This Agreement shall be binding and shall inure to the benefit of the parties hereto and to their respective heirs, executors, administrators, successors and assigns. 0 UJ Q roo ..... -n <~ :?:: :"jJ ~f':-: c, . '''':n r:)(I.. ~- -' ;f.;~ v; ;~ ~}6 ~'J, '.:J .- I~.: ~:: <. v ._:'.11 :;:~ ;.:-- ~TJ ::...: =-'() ~~"\-) ~, 0111 .-'r.:: 'i;! ~ :::> ::0 \0 ~ SCOTI M. BENFIELD, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Plaintiff v, DANA W, BENFIELD, : NO. 97. 1884 CIVIL TERM : IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information. to the Court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2 Date and manner of service of the complaint: April 12, 1997 by restricted delivery. certified mail, return receipt request. 3, Date of execution of the affidavit of consent required by Section 330 I (c) of the Divorce Code: by the Plaintiff on November 18, 1997; by the Defendant on November 12, 1997, 4, Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in !l3301(c) Divorce was filed with the Prothonotary: November 18, 1997 Date Defendant's Waiver of Notice in !l3301(c) Divorce was filed with the Prothonotary: November 18, 1997 ANDREWS & JOHNSON Date: November LZl997 j I ! , n ..:J ?, f; ..... - -I "~'IJ .~ '::-11 <-=> r.'"J ~.. -- 11.,.....:; ....,1-" :-'f ~,a ',.. CO '6 ..:.~ ~ :~ '.i'l1 '.I;...., t":l:IJ - ., ....t-' ~.: \ ~ ii,fY) ~"-- ~ ::1 :n ~, 0 -< SCOIT M. BENFIELD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION. LAW ; NO. 97-/RpJ/ CIVIL TERM : IN DIVORCE DANA W. BENFIELD, Defendant COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Scoll M. Benfield, who currently resides atl21 Meals Drive, Carlisle, Cumberland County, Pennsylvania, since approximately March 4, 1997. 2. Defendant is Dana W. Benfield, who currently resides at 15 Golden Rod Drive, Carlisle, Cumberland County, Pennsylvania, since August 30, 1996. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on September 1,1990, in Burke, Fairfax County, State of Virginia. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 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. 8. Plaintiff requests the Court to enter a Decree of Divorce. . . )0 . , . . I verify that the statements made in this Complailll 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: 3/;)~/q1 j~mJJ~ Scoll M. Benfield, Plaillliff ANDREWS & JOHNSON By: I Ronald E. Johns n, squire Allorneys for a' iff 78 W. Pomfre treet Carlisle, PA 17013 (717) 243.0123 . ,. "'f t , ':1"" . .~.bmol_or21ot__. .~..._:l,'" ord..,. :!.! e::::u ~ end addtIII on the rtYIfM ollhll bm 10 that WI can rtlt.m IN, ~ 'AIlocll IonnlOthof'ot'.../tho~.orontho_Noc>a<o_ncc , . .=! RIWp/ RIq_od"on tho moIpioco bolow tho 0t1lc:I0 1lUlTIlor. Iii -The "lClIIpe w111how loYwhomIhl arUc:l, wu dIIvettd endthl dati :lj dol . :13. A11ld. Addre.sed to: ; ]>ana. ;Jenli'e/d : IS 60 I elf'/? ;& ~ Or,'vGo , Ct..rl,.J(~ r/l 17013 I eJoo wIah to rllCllv8 th. following ..Met. (for en .xtra 'ee): 1. 0 Add........ Add.... 2. ~ A..tr1c1ed O. lve,y Consult po.tmeoter for .. umber 33 4b. S.rvlce Typ. o R.gl.t.red o Expr... Moll 0 In.ured R.tumRecolptlorMen:l\an<l.. 0 COO 7.ost.O'l"/fJ___-C/ 8. Addr....... Addrs.. (Only /I requ.sted snd f.. Is psJd) j r 01 ~ . l!l. c.rtlned ~ : '" 1 ~ I I !!l 8. Signature reu.. or AII.nl) ~ X : PS Fonn 3811. OllClmbar 1994 Domest c Return Rece pI Exhibit A . , I i ~ I r-, ,~ 0 ~.: _I 'II '. , ... " .. " 'r) ri. .: , f~''; .' .:; I "i-d , hl :1:) f.' J,,> ! '''II ..11 " ,..- . .c) . ~:.J " I II . " :i " J f;\ ", I ! I C"') \Q 0 ~: ~ -II ::l!: -I ";;; r.::> -,- ":-'1 n'I:"': ..::: 1-._ --, ~ ,:,f:;; ;:-~ (:-. (f'. ,~ :";6 -',0.. !~;.- -t. )-'J ::':~~ ::~ : :-'j:r -;..1..."") ~.( " ~) l::jrn -, ~ ::> )" ~'1 '0 -<. , , n U) 0 r-- -...J -n . =-: -I "lJhj :::1 " '-"r:1 ---,., -....11 .~.:: . ',;.:.,: ~::f: '.." ':0 .. ,:",) >!':' 16 ,0, l:' ~j'. ."".: -" "',' ,- .11 ~~:4_", -'. "'.'J ;~! i:) ~~t] ~ u' " .:;! :OJ :::. .;, -, to -, .',.....1- . ." # SCOIT M, BENFIELD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. DANA W. BENFIELD, Defendant : NO. 97. 1884 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 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 rnay lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not clairn Ihern before a divorce is granled. 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 rne immediately after it is filed with the Prothonotary. I verify that the staternents made in this Affidavit are true and correct. I understand that false staternents herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Dale:--Ll..=..J J - q? '~ LU,&'~dJ Dana W. Benfield, D1endant ... .. . , C) .F) 0 C -J -n ::-.. - -=1 '"T'7 ~r; !~ .J_:!] C'}r- '- "i- -:...", ,,'rn ,"" l,"),-.' ~"l) -\6 !.:':t~. 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