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HomeMy WebLinkAbout97-02339 ~ u ~ ~ ~ ~ ~ '" Q -.. .>.... q:, ~ -. . . .J - I t"- O'- . ~ " .:+:. .:+:," .:+:. .:+:. .:+:. .:.:. .:.:. .:+:. .:~. .:+:. .:.:. .:+:. .:+:. .:+:. .:+:. .:.... ....... ....:. ':+'.' ........:.....~.:.' .......,..-.., ..... ..... ..... .-.', ...-..'....,-........ '. .T.......... ....... .. ... ..~'. ,,,,",-.._,,,,,, ~ --~ -~~ ~ " , ~ ~ ~ IN THE COURT OF COMMON PLEAS " ~ rt: '.' ~ OF CUMBERLAND COUNTY ~ STATE OF 1~ PENNA, .,..~-':;...r ~ " ,.:; ~ " ~ ~ ~~ ~ \ ,', ~ 8 ~ ~.' ~ ~ ~. w ~, ~ f~ ,,~ ~ ~ w " ~ !II', '.' ~ ~.~ ~ ~ ~ ~ * w '.' * w '.' ~ '.' w '.' ,'. ............................./.j...,.{".................. ; n'T~;jJ&( i.:,: ~ . .. ~ I .. ~., ^tle.I~...J.,..... ., ['-'/ L~, /'?f<14, -L J. i~ . . - ~. t-U<:) tffa.::?'. :.: ~ '4!.(~;a r. ~&'. /h.-r : ::: ~ (/ /p/ Prol},onolnry i 1 ~ -~~..- ~~~-.- ...... "-.,... ... . .. ....... .' . ......... :~ ~--~*~*~**~****~.*~.~.~.***~***~** s ~ ~ !II'. v ,'. ~ . MICHELE M,. HAYLOCK, ..Plaintiff N (). .9.L::p.n... .c::.i.Y..:lJ... " I ~ '.' $ ~ '.' Vt'l':,qIS s LOUIS L. HAYLOCK, ~ '.' Defendant ~ .' ~ '.' ~ '.' DECREE IN DIVORCE AND NOW, .. ..V.Jv.V01(.?~.. u... .... 19 q,1.. it is ordered and decreed that..... .. .. .. .1:l~.C.IjJ;:q::. .11: . ~1A'(r,.9f::.~ ......... ....... plaintiff, and. . . . . .. .. . . . . . . LOUIS. .L. . MAYLOCK. . .. . . . . . . . . . . . . .. . . . " defendant, are divorced from the bonds of matrimony. The tenns of the Marriage Settlement Agreenent entered into by the parties on August 20, 1997. are incoIllQkated herein.. . . d.' f h f II . I' h. h h . I he court retains (UriS Ictlon 0 t e 0 oWing calms W IC ave been raised of record in this action for which a final order has not yet been entered; ~ ~! ~ ,; ~ '.' ,', ~ ~ ..' ~ ~.~ s ~ s ~ <:. ~ None..................................................................... . ~ MARRIAGE SETILEMENT AGREEMENT TillS AGREEMENT is made and entered into between Louis L. Maylock and Michele M. Maylock, hereinafter referred to as Husband and Wife. The parties were married on June 24, 1989, and there is one (I) child bom or adopted of their marriage, to wit, Katerina A. Maylock, born December 17,1993, As a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, custody, support, and all other rights and obligations arising out of the marriage relationship. It is therefore agreed: 1. CONSIDERATION The consideration for this Agreement is the mutual promises and agreements herein contained. 2. SEPARATION AND NONI!':ERFSRENCE A. It will be lawful for each party at all times hereafter to live separate and apart ITom the other party at such place or places as he or she may from time to time choose or deem fit. B. Each party shall be ITee ITom interference, authority and control, direct or indirect, by the other, as fully as ifhe or she were single and unmarried, Neither shall bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 3, 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 ever had or now has against the other, except any or all cause or causes of action for divorce. 4. FULL DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by each party to this Agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the sources and amount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this Agreement. Wife acknowledges that she was represented by Kathleen Carey Daley, Esquire, in reaching this Agreement, and Husband acknowledges that he has the right to counsel but declined legal representation in negotiating this Agreement. 2 5. EOUITABLE DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property, This division is not intended by the parties to constitute in any way a sale or exchange of assets, 6, SUBSE~UENT DIVORCE A, AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, or from making any just or proper defense thereto, It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby ,waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason 3 whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. B, ENTRY AS PART OF DECREE -It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or pennanent, shall affect or modifY the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that their maniage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry ofa decree in divorce pursuant to 23 Pa.C.S,A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, aflidavits, or other documents and to direct that such consents, aflidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C,SA Section 3301(c) be filed. Upon request, to the extent pennilted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 4 7, DIVISION OF PERSOI\AL PROPERTY Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of thc propcrty in thc posscssion of Wife shall be the sole and separate propcrty of Wife. The partics do hcrcby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the solc and separate property of the othcr, 8, DIVISION OF MOTOR VEHICLES With respect to the motor vehicles owned by onc or both of the parties, they agree as follows: A. The Jeep, 1969 GTO Judge, 1963 Corvctte, and the 19692-28 Camaro shall be distributed to Husband. S, The 1994 Honda shall be distributed to Wife, The titles to the said motor vehiclcs shall bc exccuted by the parties, if appropriate, for effectuating transfer as hcrein providcd, on the date of execution of this Agrccment or at any time thereafter at the request of eithcr party, 9, DISPOSITION OF PROPERTY From and after the datc ofthc signing of this Agrecmcnt, both parties shall have complete freedom of disposition as to hislher separate propcrty and any property which is in their possession 5 or control pursuant to this Agreement and may mortgage, sell, grant, conveyor otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 10. DIVISION OF REAL PROPERTY Husband and Wife hereby agree and acknowledge that they own certain real property located at 506 East Siddonsburg Road, Mechanicsburg, Pennsylvania, as tenants by the entireties. Wife hereby agrees to convey all her right, title and interest in said property to Husband. Wife agrees to exccu:e a deed or other instrument of conveyancing necessary to effectuate this transfer at the time that Husband obtains financing to remove Wife's name from the mortgage obligation referenced below. The parties acknowledge that there is an existing mortgage against this property. Husband agrees to obtain financing such that he shall satisfY said debt in total or shall obtain financing in his name alone so as to eliminate Wife's liability for this debt by April 1, 1998, In the interim, Husband shall hold Wife hannless and indemnifY her from liability for this obligation and other obligations arising from this property, 6 Husband also agrees to retain a joint account with a beginning balance of $18,000,00, This fund is established for the purpose of gUW1ll1t~'Cing timely mortgage payments on this residence, Any withdmwals from this account must be endorsed by both parties and the maximum withdrawal shall be $2,000,00 per month. 11. PAYMENT OF SPECIFIED OBLIGATIONS The parties agree that the following constitute joint marital obligations which shall be paid by the following person: A. WIFE - All personal obligations accrued since separation B. HUSBAND - The mortgage payment on the marital residence; all personal obligations accrued since separation 12, LEGAL FEES Each party shall pay his or her own attorneys fees. 13, ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either 7 may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony, Husband and Wife further, voluntarily and intclligcntly, waivc and rclinquish any right to scck from thc other any paymcnt for support, maintcnancc, alimony pcndcntc Iitc or alimony. 14, PENSION PROGRAM Each party hcrcto shall maintain solc ownership ovcr his or hcr individual pcnsion plan, profit sharing or similar rctircment plan acquircd individually or as thc rcsult of contributions by his or hcr cmploycr. Wifc hcrcby rclcascs any intcrcst that shc has in thc rctircmcnt bcncfits of Husband accumulated as thc rcsult of his cmploymcnt by Rcsourcc Nct Intcmational and any othcr additional bcncfits he may havc accrucd. Husband hcrcby rclcases any intcrcst that hc has in thc rctircment bcnefits ofWifc accumulatcd as thc rcsult of hcr cmploymcnt by Syncrtcch and any othcr additional bcncfits shc may havc accrucd, 15. MISCELLANEOUS Husband agrccs to pay to Wifc thc sum ofS30,OOO.OO as partial satisfaction ofhcr claim to equitablc distribution. Thcsc paymcnts shall not bc incomc to Wifc or dcductiblc to Husband. Thcy shall not tcnninatc for any rcason including thc dcath or rcmarriagc of cithcr party. The cquitablc distribution paymcnt shall be madc as follows: B A. $20,000.00 shall bc paid by Husband to Wifc upon execution of this Agrcement; and B, $10,000,00 shall be paid by Husband to Wife by April I, 1998. AlI assets including, but not limited to, savings accounts, checking accounts, certificates of deposit and life insurance policies shall be the sole and separate property of the title holder of said asset. The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue whieh is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns, The parties have heretofore filed joint federal and state tax retums. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnity and hold hannless the other from a~d against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or cxpense shall be paid solely and entirely by the individual who is finally dctcrntined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 9 16, CHILD A. CUSTODY AND VISITATION - The parties shall share legal custody of Katerina A. Maylock, Physical custody shall be as follows for each two (2) week period: I. In week one from Sunday afternoon until the following Tuesday morning in week two, Katerina shall reside with her mother, 2, In week two from Tuesday evening until Sunday afternoon, Katerina shall reside with her father. 3, The following holidays shall be rotated between Wife and Husband: Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas Eve and Christmas Day, 4, The child's birthday shall be rotated between Husband and Wife. S, Wife shall have the child on Wire's birthday and on Mothers' Day and Husband shall have the child on Husband's birthday and on Fathers' Day. 6. Husband and Wife shall each have Katerina for two (2) consecutive weeks vacation each summer. Husband and Wife agree to provide the other with thirty (30) days' notice of his or her intention to exercise this provision. B, MAKE-UP TIME - The parties rccognize that there may be circumstances from time to time which may prevent the exercise of custody at the agreed dates and times. To that end, the 10 parties agree that each will give timely and reasonable notice to the other of the existence of such circumstances and will permit the other a reasonable period in which to enjoy time with the child to make-up for these lost periods. C, ILLNESS OF CHILD - In the event of any serious illness of the child at any time, any party then having custody of the said child shall immediately communicate with the other party by telephone or any other means, infonning the other party of the nature of the illness. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the said child. The word "illness" as used herein shall mean any disability which confines the child to bed under the direction of a licensed physician for a period in excess of forty-eight (48) hours. D. BEST INTEREST OF CHILD - The parties shall exert every reasonable effort '0 maintain frce access and unhampered contact between the child and each of the parties, and to foster a feeling of affection between the child and the other party. Neither party shall do anything which may estrange the child from the other party, or injure the child's opinion as to his mother or father, or which may hamper the free and natural development of the child's love and respect for the other party. In the event that a conflict arises regarding any issue of custody of Katerina, the parties agree to consult with Dr, Arnold Shienvold as a neutral mediator to allemptto resolve the conflict. In the event that mediation fails, either party retains the right to liIe a complaint for modification as provided bylaw, 11 19, MISCELLANEOUS PROVISIONS - CHILD A. College - Husband and Wife agree to participate in the payment of undergraduate or equivalent higher educational expenses for the child. The calculation of obligations shall be proportional based upon Husband's income and Wife's income at the time the child's needs are ascertained. Husband asserts that his family has identified funds which will be available for Katerina's education; however, his obligation shall not be limited by the availability of these funds. In the event that the family funds are insufficient to meet Katerina' s educational expenses, Husband shall be liable for these expenses under this provision. In addition, Husband agrees that in the event that he sells the marital home referenced in No. 10 above, that he will take the sum of 520,000,00 from the proceeds and place it in a fund for Katerina' s post high school education. In the event that a similar sum is provided by his family fund for the purpose of Kater in a's education, the 520,000.00 in hOllse proceeds shall be refunded to him. Any funds made available to Katerina from Husband's family that are not used for educational purposes shall not be distributed to Katerina until she is twenty-three (23) years of age. B. Estates - Husband and Wife both agree and acknowledge that they have financial responsibility towards the support of their minor children. In considering that obligation, Husband and Wife agree as follows: 13 I. Husband agrccs to provide a S 100,000.00 death benefit made payable for the benefit of his minor child, This benefit shall be made payable in such a way that income and principal may be used for the support of the child through her minority and shall be distributed to her at her majority or at a later date, as determined in the sole discretion of Husband. This provision shall remain in effect until Katerina is twenty-three (23) years of age. Wife agrees to provide a S I 00,000.00 death benefit made payable for the benefit of her minor child. This benefit shall be made payable in such a way that income and principal may be used for the support of the child through her minority and shall be distributed to her at her majority or at a later date, as determined in the sole discretion of Wife. This provision shall remain in effect until Katerina is twenty- three (23) years of age. 20. GENERAL PROVISIONS A. WARRANTY AS TO EXISTING OBLIGATIONS - Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnity or hold the other party harmless from and against any and all such debts, liabilities, or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 14 B, WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant, warrant, represent, and 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 tenns of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C. SEVERABILITY - Ifany term, condition, clause, or provision of this Agreement shall be detennined 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, 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 void or alter the remaining obligations of the parties. D. 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 to carry out fully and effectively the tenns of this Agreement. E. ENTIRE AGREEMENT - 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. 15 F, WAIVER OR MODIFICATION TO BE IN WRITING - No modification or waiver of any ofthc tcrms hcreofshall bc valid unless in writing and signed by both parties and no waiver of any breach hercof or default hercunder shall bc decmed a waiver of any subsequent default of the same or similar nature. G, MUTUAL COOPERATION - Each party shall, at any time and from time to timc hcreafter, take any and all stcps and cxecute, acknowledgc, and delivcr to the other party any and all further instruments and/or documents thatlhc other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. H. LAW GOVERNING - This Agrcement shall bc construed and govemed in accordance with the laws of the Commonwealth of Pennsylvania. I. BINDING EFFECT - Except as otherwise staled herein, this Agreement shall be binding and shall inure to the bencfit of the parties hercto and their respective heirs, executors, administrators, successors, and assigns. J. NO WAIVER OF DEFAULT - This Agreement shall remain in full force and effect unless and until tenninatcd under and pursuant to the tcrms of this Agrecment. The failure ofeilher party to insist upon strict pcrformance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforcc the samc, nor shall thc waivcr of any brcach of any provision hcreofbe construed as a waiver of any subsequent dcfault of the samc or similar naturc, nor shall it be construed as a waiver of strict performance of any other obligations herein, 16 K. HEADINGS NOT PART OF AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. L. ADDRESS OF PARTIES - Each party shall at all times keep the other informed of his or her place of residence, and shall promptly notifY the other of any change, giving the address of the new place of residence until all obligations under this agreement have been satisfied. M. WAIVER OF CLAIMS AGAINST 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 have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or executor of the other's estate, and each party will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to cany into effect this mutual waiver and relinquishment of all such interests, rights and claims. N. ATTORNEY'S FEES FOR ENFORCEMENT -In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all reasonable attorneys' fees, court costs, and expenses incurred by the other party in enforcing the Agreement. 17 IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the ~ day of A Ult"t , 1997, at Harrisburg, Pennsylvania. 9. u- O. lJrulLtic , I /7'./16: ..-/~. ( 7 /t.':J (SEAL) ~toUIS L."MA YL7 In the presence of: ~P^L (( At-'rvlu....)..{G I ( I I 18 ">- C'I ~ f~ --<- ~.. " ~'~:7.~ (" .:; \u....,- C-J~ .1 ( ). ., ' {'.", \:;.- :..~ ;.~.~ J." . ()~,', 'r] " ., 1_,: ..~ <.. tu: . (oj .', . C'; ,;j'-lj l.:' . -- ..)f).. r.; ...:. ". ... r- :'.) L< (J"' t.) g6LI1'Lg9 (L I Ll 60IL I \,IIN\,IA'ASNN3d '8~n8SRRJ\,IH 3AI~a A/13NDS 6Wl S3::>I:I:lO MVl A3WO . . B ~ (I) " w U ~~ u: u.. is:~L() 0 0>0- -," ~~"7 ~ wz" zz~ ww~ U<l. en .~ ~ g~C .... ~lD <C en C is: '" <l: J: MICHELE M. MA YLOCK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVA."IIA : CIVIL ACTION - LAW v, : NO, 97-2339 CIVIL LOUIS L. MA VLOCK, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record together with the following information, to the court for entry of a divorce decree: l. Ground for divorce: irretrievable breakdown under ~330I(c) of the Divorce Code, 2. Date and manner of service of the complaint: 05-20-97; Defendant signed Acceptance of Service which was filed with this Honorable Court on May 27, 1997 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by *330I(c) of the Divorce Code: by Plaintiff: August 20, 1997; by Defendant: August 19, 1997. (b )(1) Date of execution of the affidavit required by ~330 1 (d) of the Divorce Code: Nt A; (2) Date of filing and service of the Plaintiffs Affidavit upon the respondent: N/A, 4, Related claims pending: None 5, (Complete either (a) or (b),) (a) Date and manner of service of the notice of intention to file praecipe to transmit record; a copy of which is attached: N/A (b) Date Plaintiffs Waiver of Notice in 93301(c) Divorce was filed with the Prothonotary: August 25, 1997 Date Defendant's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: August 25, 1997 b- "I ~ ~ c; ;;-.: lUQ ...:J ::'4 C.lC-j I');.; ft :.~. ,~:' C;'C' (1- ,~)D 0' ~,., :...:~) I.L'" ('0.1 _J ( ,-' , ro, .... : ~. ; i t j ,- 'Co '!.L II. .'. (.> r- '--) G' (.) 4. The Plaintiff and Defendant were married on June 24, 1989, in Hughesville, Pennsylvania, 5. The Plaintiff and Defendant are both citizens of the United States of America, 6. There have been no prior actions in divorce between the parties. 7, The Plaintiff and Defendant are not members of the Anned Services of the United States or any of its allies. 8. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 9. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the dale of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce, Plaintiff believes that Defendant may also file such an Affidavit. B. Section 330 I (d). The marriage of the partics is irrctricvably broken. Thc Plaintiff and Defendant scparatcd on April I, 1997. WHEREFORE, thc Plaintiff prays your Honorable Court to cntcr a Dccrce in Divorce from thc bonds of matrimony, g6lt'-lg9 (llll 60 III IIINII ^ 'ASNN3d '~tln8SRRJ\fH 3^ltlG AmN~JS 6l()l S3:>1~~O MVl A3WC , ' , , "-1Uo('\ ..... ...j -...J ~ ~ - ~ ~ ~ -.......I ~ c::1 B ~ CI) ..... w ~ U ~~ u: C;;~L() LL. 0 0>00 ;..j..... ~~'i ~ wzG) Zz-o WW~ Ua. l/l ,~ ~ ~~D .... ~CD <( !a C ~ ~ ~ (") '" 0 f; -J ''1 - ~lt.;-: -~ .,-1 q~l: . .;,;.,. -< ~I :'.-:-.." I " I (".. 01 t::l. . :'') -n :j" " 0, c!' ~. ="': ., , ') ~~{. . \.~5fn .,io" ~. . - .' :':; ~ ~ (,,) ~~ \...>oJ \.)~ , -Ii .......... CY'\ .....J <:::. ~\~, , ~ v" '-. '" r.:" MICHELE M. MA YLOCK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 97-2339 CIVIL LOUIS L, MA YLOCK, Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, Louis 1. Maylock, Defendant, do hereby accept service of the true and correct copy of the Complaint in Divorce in the above case. Respectfully submitted, --4, tA- Date: 5 IJO/17 I I -- C") ,. Cr; "" .'. .. .' I... (" ,.J "{ Cr; fi: ." L. ',J 'I-. y; .-' 0, C'o: LJ(' ;.~. ,1.J (t'l' i :..c ~-:, I'. ,-. U 0 CJ' MICHELE M. MA YLOCK, PlaintilT IN THE COURT or COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 97-2339 CIVIL LOUIS L. MA YLOCK, Defendant IN DIVORCE AFFIDA VIT OF CO;l1SE!'\T 1. A Complaint in Divorce under 9330I(c) of the Divorce Code was filed on May 5, 1997, 2. The marriage of PlaintilT and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ofa final decree of divorce after service of notice of intention to request entry of the decree. I verilY that the statements made in this Afiidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. Date: Al(')'" , ,'W I ,,'17 By: MICHELE M. MA YLOCK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COL'NTY, PENNSYLVANIA CIVIL ACTIO:-l. LAW v, LOUIS L. MA YLOCK, Defendant NO. 97-2339 CIVIL IN DIVORCE WAIVER OF NOTICE OF I~TENTIOj\\ TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S330HCl OF TilE I>IVORCF. CODE I. I consent to the entry of a final dccrce of divorcc without notice. 2. I understand that I may lose rights concerning alimony, division of property, la\ryer's fees or expenses if I do not claim them before a divorce is grant cd. 3, I understand that I will not be divorced until a divorce decrce is entered by the Court and that a copy of the decree will be scntto mc immcdiatcly aftcr it is filcd with thc ProthonotaJ)'. I verifY that the statements made in this affidavit arc truc and correct. I undcrstand that falsc statements herein are made subject to the penalties of IS Pa.C.S.A. *4904 rclating to unsworn falsification to authoritics. Datc: AW:l\l.SL X'" 1'1~1 I J . By: /1/1,)'1. 11'1, '~ Qj~ MICHELE :VI. MA YL C ,Plaintiff >- "I ":- n; c l-:: i~ ~') ,.- ,j -- ();....) Ill.- . ( )~. :1': l..);.:: '., Ie. u.. '"1"'-; .'-1-:- ..f:... t;>C ':) , '"to'') Cl~. '" 'J. -' c.-' .J ~tj l.i.:') " :-. .!~L i ~. ::5 ". l- L' U' U MICHELE M. MA YLOCK, Plaintiff IN THE COURT OF COMMO~ PLEAS CUMBERLAND COUNTY, PE:,\NSYLVANIA CIVIL ACTI01\ - LAW v. NO. 97-2339 CIVIL LOUIS L. MA YLOCK, Dcfendant IN DIVORCE AFFIDA VIT OF CONSENT 1. A Complaint in Divorcc undcr S330I(c) ofthc Divorcc Codc was filcd on May 5, 1997, 2. The marriage of Plaintiff and Dcfcndant is irrctricvably brokcn and nincty (90) days have elapsed from thc datc of filing and servicc ofthc Complaint. 3. I conscnt to thc entry ofa final dccrcc ofdivorcc aftcr scrvicc ofnoticc ofintcntion to requcst entry of the dccrcc. I verilY that thc statemcnts madc in this Affidavit arc truc and corrcct. I understand that false statcments herein arc made subjcct to the pcnalties of 18 Pa,C.S.A. *4904 rclating to unsworn falsification to authorities. Date: ~// ~/f ? By /r!..:.. Z/l't U ~ Il~ 7 '-tOL'IS L. MA YLOCIY cfcndant / >: "I s: tt'; 0 -'. " t.-. :lJ ::>.-1' l'I~~ r):... ~ (V'. .- r.) " ~. ( J ~., '" po. u_ \..J_ ," ~ ':(' . '.'~ C', '...., -, (.c'- <,I ... \..:.1- t.i I:. ~.'1, , " . ;.L I .. ". ':, II. r- (,) C" (,)