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Home My WebLink About97-06243 ~ "" i- '.. ~ \ \ /1 ,/ ",'I I I I ...... I " " , J " " , , " , I " ,.' ~ '.'\ ,oj ~I ',' ~I ~ ',' ': I ~I ~I ~I' .., : I ~l ~ .', ~ ',' ~ ',' ~ '.' ., ~ ~ '.' ., I!- ~ ~ '.' * * ~ M " .;, ~ .;, " ., ~ ,~.,~,~,.~,.~:..:~..:....~'.,~~..~..~,.~,,~,,*..~.*,.~..~..:~, ',' .:.;. .:.:. ,~.;. .:+;. .:.;. -:+:. ,',' ~\ ,I ~, ',', ':.;, ':to:: ::.:'I'~ '.' .;, " (,', ~ .'. ~( IN THE COURT OF COMMON PLEAS ~ ~ ~-- -- .. .. . . " , . >...:. .~. .:.:. .:.:. .~.:. " :. .::. -:+:. .:.:- ~', 1,.1 , \ ~I '.', ~I ','1 ~I ',' ,.,/ ~~ ~I ~ ',0 OF CUMBERLAND COUNTY STATE 'OF PEN r\IA. ~ ',' STEVEN C. SMITH 1'\1I,6243Ci.vU 11)97 \\'1';111;; , I, [,ISA M. SMITH DECREE IN DIVORCE ANn NOW, ' , , , , , , , ' , , , , ,~~1. , , , / ,. " 19 91', , '. It Is ordFlrat:l nnn dac:rRao thot onrJ ' S~eY~11 ,c.., ,ilmith, , ' , ,," , , , " plnintiff, , , , , , , , , , , , " d<"lfannrmt, ,', ,~,is,q ,M., ,slJli):n" om ,Jivorcml from tha bonrh of mntrlrnony. Thp. court rP.lolns iurisdictlon of thp. follnwinq c:Inlms which hove bMln roisorJ of rowrrJ in this oct ion for whic:h (] finnl oroflr hos not yet boon ontp.rp.d; None. The partIes have executed a Marriage Settlement Agreement dated March 9, 1998, which Agreement has been filed of record at the within term and number, and which 'ilgreementtsincorporateci in 'this'Hnal 'bec'ree 'i'n 'bivorce' 'but' ,is, I'IQt,I11,E\rged ,h.;q:01,n. ,..,.. ....,.. ..",,'......, Ily Th.,/(;nllJ'l: ,/ --At., A~ ^","t; \',;""z:..., ""''' >dr.,?, 1lH';{"",.? /), 'V:/ /.' I Z ;" ~.(;;J?',:,: ,e- ~0, ..-'V,P-,. / / .;; Pl'othnnfltl\l'Y .~ '~..~.~,.~.,~,~.*~..*,.~,.*,,*..~,.~"~,.~,.~.~.,~~~, J. ~ '.' ~ ',' ~ '.' ~ ',' ~ '. ,', ~ ,', ~ ~ ',' * .., ~ ~ ',' .', * * I,' ~ ',' ~ ',' ~ '.' , (~ it, , , ~ ~ '.' ~ ',' ~ '.' ~ ~ ~ ',' ~ '.' ~ ',' I~ ',' I~ ~ " .', ~ ~ I. '. ~ ... , ;~ I' I'" ,~ i: '.' .J!I'l1 d(/ (b}tj;/ ~Hldii/.:/ ?:'> <J7$ /t-)ZXJ .J./ l 'if '/!;.,..ticll /If'"<ct(' z:; ;,?zJ rV~'f. j' " , III' , I , ,', , , " ,..} ,', '.' 1 ' ('I , ! , Ii, " ;" C~l ,,, ._-. -,- Q I/) !5 , , :! Z " " ~ " z 0: , " ~ ~ . <l , " ..J ,n " -J " .. . >- ~ " <l , II) " 0 z l<l " II) " Z , >- !, . w .J , W l a. .J " z , 15 w "' IX " ~ "' 0 0 IX .. ~ , ::J 0 " " " m .J " <l ~ II) ol: " ., ii . ,U IX <l r MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ ~ day of ~r;)J\ c:-QA 1998, by and between STEVEN C. SMITH, of Gardners, Cumberland County, Pennsylvania, hereinafter referred to as "Husband", and LISA M. SMITH, of Raleigh, North Carolina, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, Husband and Wife were married on February 23, 1997; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they are living separate and apart from each other; and WHEREAS, Husband and Wife have made a full disclosure of their assets to each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations with respect to each other, including the disposition and distribution of property rights and interests, including alimony, between them, NOW, THEREFORE, the parties intending to be legally bound hereby, do covenant and agree: 1. SEPARATION. It shall be lawful for each party at all times hereafter to continue to live separate and apart from the other party at such places as he or she may from time to time choose or deem fit, 'rhe fol'ocJolncJ pt'ovisions shall not be taken as an admission on the part of eithul' party of the lawfulness or unlawfulness of the causes loading to their living apart, 2, INTEREJllUlliCE, Bach party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and Ulllllill't'lod oxco!>t iLS may be necessary to carry out the provisions of thls I\qrO()l11ollt, Neither party shall molest the other or attempt to elldoavOl' to l1101ol:lt the other, nor compel the other to cohabit with the othlll', <H' In ilny way harass or malign the other, nor in any WilY llltnl't:on) wlth the peaceful existence, separate and apart from tho nt.hot'. 3, \'l,U~'E~.s~.LJI:aj'l'.s, wl Co represents and warrants to Husband that sillce t.ho tltlpilnlt ton she has not and In the future she will r:ot contract Ol' tllcur' allY debt or liability for which Husband or his estate l11i(Jht be l'esponsible and shall indemnify and save harmless Husband f rom any and all claims or demands made against him by reason of. dfJtlt!1 and obligations incurred by the wife prior to the date of the delivery of this Agreement, and all further debts incurrod by the Wite from and after the date of delivery heroot, !lhall. bo the Wife's individual reflponsibility, ~ , llUSllJ\NLl-'JLllEU'rS.. 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 '.!!Itate might be responsible and shall indemnify and save harmless Wlfe from any and all claims or demands made against her by reason 2 of debts or obligations incurred by him, Husband acknowledges and agrees that all debts and obligations incurred by the Husband prior to the date of the delivery of this Agreement, and all further debts incurred by the Husband from and after the date of delivery hereof, shall be the Husband I s individual responsibility, 5, JOINT DEBTS, The parties acknowledge that the only item of j oint indebtedness which they have is a mortgage upon the marital home held by CoreStates Bank, and the disposition of this indebtedness shall be separately treated in a subsequent paragraph I , I entitled REAL PROPERTY. 6, MUTUAL RELEASE, Subj ect 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 and except for any or all. causes of action for breach of any provision of this Agreement, 7, DISCLOSURE OF PROPERTY, Husband and wife acknowledge and agree that they have made a full and complete disclosure to the other of all information pertaining to the parties' s8parate and marital property owned, possessed and/or controlled by the other at the time of the separation of the parties, 3 8, DIVIS ION.....QP PERSONAL PROPERTY AND BANKING ACCOUNTS, 'I'he parties acknowledge that they have already divided between themselves, to their mutual satisfaction, all items of personal property which had heretofore been separately owned by Husband or Wife, or owned together by Husband and Wife, and, acknowledge that they have also agreeably divided between themselves all banking accounts heretofore owned separately by Wife or by Husband, or owned together by the parties, The parties ratify the said divisions which they have already made and do hereby agree that all personal property held or owned by Wife in her separate name shall hereafter be and remain her sole and separate property, and that all personal property and banking accounts presently held or owned by Husband shall hereafter be and remain his sole and separate property. 9, MOTOR VEHICLES, Wife is the owner of a motor vehicle titled in her name, Husband agrees that such motor vehicle shall be and remain the sole and separate property of Wife. Husband and Wife are the lessees of a 1997 Ford, 150, pickup truck, Wife hereby relinquishes any interest in and to the aforementioned lease, as well as any interest she may have in and to the said pickup truck and does hereby grant to Husband a power of attorney to sign her name for the purpose of effecting any necessary transfer of title with regard to the aforementioned 1997 Ford, 150, pickup truck. Husband hereby agrees that he shall be solely responsible for the payment of the lease obligation pertaining to 4 the said Ford pickup truck, shall be solely responsible for the payment of any purchase price balance which may be associated with the said lease agreement, and does hereby agree to indemnify and hold harmless Wife from any further responsibility or liability with regard to the aforementioned lease agreement, 10, REAL PROPERTY, The parties are the j oint owners of an improved parcel of real estate, located upon 2,255 acres of land in Dickinson Township, Cumberland County, Pennsylvania, known as 336 Pine Grove Road. Said real estate has an approximate value of $169,000 and is subject to the encumbrance of a mortgage of the parties given to CoreStates Bank, having an approximate balance of $99,000, The aforesaid mortgage has subsequently been assigned to Chase Manhattan Bank, and may hereafter be further assigned to another holder in due course, but, for purposes of the indemnification set forth in the following paragraph, the reference to "mortgage" shall be dElemed to include any subsequent assignee or holder in due course thereof, Wife hereby agrees to execute a deed, together with Husband, for the purpose of transferring to the sole name of Husband title to the aforementioned real estate, Husband agrees that he shall, in accepting title to the rnal estate, assume the continued obligation of making payments upon the said mortgage and liquidating said indebtedness, hereby agreeing to indemnify and hold harmless Wife from any further responsibility or liability with regard thereto, Further, at the" time of execution and 5 delivery of the dEled by Wife to Husband, as set forth in this paragraph, Husband shall pay to Wife, on account of her interest in the said real estate, the sum of $20,000. 11 , RETIRENENT ACCOUNTS, Husband is the owner of a pre- marital retirement account. maintained by American Expref's to which he has made some contributions during the course of his marriage to Wife. Wife has no known retirement account, Wife agrees/ that, in consideration of the payment to her of her marital interest in the real estate, referenced in a preceding paragraph, she does hereby release and relinquish any interest which she may have acquired by reason of her marriage to Husband in and to any portion of the aforementioned Mlerican Express retirement account maintained on behalf of Husband, 12. SPOUSAL SUPPORT. ALIMONY. AI,IMONY PENDENTE LITE. COUNSEL F.EES AND EXPENSES, Both parties hereby waive and relinquish any right which each of them may have to seek or to receive from the other party the payment of any sums of money as spousal support, alimony, alimony pendente lite or counsel fees and expenses, Husband acknowledges that he has caused to be instituted the presently-pending action in divorce in the Court of Common Pleas of Cumberland County and agrees that he, alone, shall be responsible for all his attorneys' fees and Court costs associated with said divorce action. Further, Wife hereby agrees that, upon her receipt of the aforementioned sum of $20,000, previously identified in the paragraph entitled REAL ESTATE, she shall withdraw, and give written notice of her withdrawal, to the Domestic Relations Section of Cumberland County, Pennsylvania, of the Complaint for Support previously filed by Wif.e at pocket No. 943 S 1997 (PACSES Case No, 902100007), I i II 13, IMPLEMENTATION OF AGREEMENT. The parties agree that, upon the execution of this Agreement, each of them will sign all documents contemplated by the terms of this Agreement and necessary to provide for the transfer of any asset intended to be transferred to one or the other of the parties under the terms of this Agreement and shall cause such executed documents to be delivered to each other upon the entry of a final decree in divorce, 14, BANKRUPTCY OF HUSllMlD, In the event that Husband becomes a debtor in any bankruptcy proceeding or financial reorganization of any kind, which proceeding results in the discharge of any obligations due to Wife, namely Husband's obligation to indemnify Wife on behalf of the mortgage payment as set forth in paragraph 10 and the current truck lease as set forth in paragraph 9, then, in such event, Husband specifically agrees that notwithstanding any of the other waivers or limitations with respect to alimony set forth in this Agreement, or which exist under applicable law, Wife shall be permitted to petition for alimony under the law of the Commonwealth of Pennsylvania in effect at the time of execution of this Agreement, Husband specifically waives the right to assert any defenses to the alimony claims except those set forth in ~501(b) of the Divorce Code of 1980, as amended, 23 P,S, ~3701(b) 7 and (e) or any future amendments, When considering the factors set forth under ~501 (23 Pa. C,S,A,~3701), the Court shall consider those factors as of the time of the application, except that in addition the Court shall also consider that certain obligations which would otherwise have benefitted Wife have been discharged, 15, BREACH, If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, 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, or seek such other remedies or relief as may be available to him or her, 16, 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, 17. MODIFICATION AND WAIVER, The 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 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, 8 18, D~SCRIP'rTVE HEADINGS. The descriptive headin~s used herein are for convenience only, 'rhey shall have no ef fect whatsoever in determining the rights or obUgations of the part ies, 19, l1lDEPENDENT SEPARATE COVENANT, It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separat8 and independent covenant and agreement, 20, APPLICABLE L~, This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 21. VOID CLAUSJ:;, 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 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. 22, ENTRY AS PART OF 'l'HE DECREE, Husband has initiated an action in divorce under Section 3301(c) or 3301(d) or the Pennsylvania Domestic Relations Code, filed in Cumberland County to No, 97-6243. It is the intention of the parties that the within Agreement shall survive the aforementioned action for divorce, and that no order, judgment or decree, temporary or interlocutory, final or permanent, shall affect or modify the financial terms of this Agreement, Both parties agree to execute Affidavits of Consent for the purpose of entry of a Divorce Decree under Section 3301(c) of the Pennsylvania Domestic Relations Code. This 9 Agreement shall be made part of any such judgment or decree of final divorce, but shall not be merged therein, Husband agrees to provide to Wife, at his expense, a certified copy of the final Decree in Divorce, 23, .'lQ.Lll.N.TAIa EXECUTION. Husband acknowledges that Carl G, Wass, Esquire, has served as legal counsel to him in connection with the pending divorce action and in the preparation of this Marriage Settlement Agreement. Wife acknowledges that Andrew C, Sheely, Esquire, has served as legal counsel to her in connection with the pending divorce action and in the preparation of this Marriage Settlement Agreement, Both parties do acknowledge and declare that each does understand the full legal effect of this Agreement, especially with regard to the fairness and equitable nature of the distribution of marital property between them and the waiver of spousal support and/or alimony payments provided in this Agreement. Both parties acknowledge that their execution of this Agreement has been done voluntarily and knowingly and that their execution is not the result of any duress or undue influence, IN WITNESS WHEREOF, the parties have hereunto set their hands 10 and seals the day and year first above written, WI~J~u ~ [) dt Afi/ A~ cAd ~ C. ~mit~ . " ~ ;t(, .-~ ~#U L sa M, Smith"'== . AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ,D"'....<-?L SS: On this, the 9 tt, I'h~ , 1998,. day of before me, a Notary Public, the under.signed offiqer, personally appeared STEVEN C, SMITH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that. he executed the same for the purpof,les therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal, 'yLct~ ,;/ I~~' tary Public .'- NOTARIAL SEAL IMNCY L. BRESKI, NOI.1rY Public Harrisburg, Dauphin County My Gnmmlssloll EXpires March 16 2000 ..--- , , AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ~t rIi No.~'" c:.c..o\\ro. SS: COUNTY OF I...')o..~e On this / the \L..\'\l:) day of ~~C!.'r\ / 1998, before me, a Notary Public, the undersigned officer, personally appeared LISA M, SMITH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal, ~ ~D 1\ t nn Gu.J' n,o Notary Public '1'1\'1 eo.N":'~.:a" 4~ IO,~,.Qoo:.l 98561-1 IN '1lIE COlJH'I' OF CCMMON PLEAS or CUMBEJil.l\ND COlJNTY, PENNSYLVIINIA NO, 6243 1997 CIVIL STEVEN c. SMI'rll, Plaintiff vs. ['ISI\ M. SMI'rH, Defendant 1'Ill\ECI PE 'fa 'l"RI\NSMIT RECOIlD '1'0 the Prothonotary: 1'nmsmit the recorel, together with the following information, to the court for entry of a elivorre decree: .1. Grounds for divorce: irretrievable breakdown under Section 330l (c) :>3(},l- (-(l~{.J.4 of the Divorce Code. (Strike out inapplicable sectIon) 2, Date and nk1nner of service of the canplaint: November 21 , 1997 , by certifie~ mail, restricted deliverY, return receipt requested. 3. Canplete either ParC:lgraph II, or B. II, Date of execution of the dffidavit of consent required by Section DOL (c) of the Divorce Code: by the plaintiff March 17, 1998 by the defendant MarchJ6,1998 B, (1) Date of execution of the plaintiff's affidavit required by Section 330l (d) of the Divorce Code: (2) Dote of set~ice of the plaintiff's affidavit upon the defendant: 4, Related claims pending: None. Marriage Set tlement I\greement dated 3/09/98, and filed herewith, to be made part of Decree but not. merged therein. 5, Indicate date ilnd manner of service of the noti.ce of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(1) of the Divorce Coele See Waiver filed, paragraph 4 of Consent and Waiver of Notice. Date: March 20, 1998 cu....A tiff~~HR ..... ("l '~ t.. LI:; N 'l ,'; I,: ~~ lU':, l.. ..: -~ '.- ". U:\j 0... :~j !f'r 'I " S), I::',' . N I>: )j... (" ji '..: '-'I" tr.~ 1.1.~ ' ,. " f ~~ u. QJ .> U t;'''' (.) -- I ~ .j I : . " j I f, ,\ " , , .i " '\t, :,k~~ '>1 ~\ t~:''\ '.' lj " "', . I ",,' "- .' '~', \ '\ " " \,J \', \J) ,\) I,) \' '\.1 \i) "'J \' f'... ") \\.fl ',,- .~ \). ~) r\ , , " I I "I I, J , \, I I " \~ i( ':1 ,1, 'I i ,I ~! I i 1 I/) , Z" 0: ,:: ~ -1: ~ ~ w " ~:; ~ Q <<l " Ul I ., )0- ..J ~ w ..J 0 z W ~ 0:0 '" "' :> lol t- o ::j .... .J " <( 4: ~ U , ' ,', ';1 W ,I ': . I', , 'I; , ), ',' 'i; ;,'1 , " . ., . t , , "',"",;, "';.',,'," ",III""" "." "~,'I ",~:' : ,';:" I' "y "'j , ~ "-'j''""::''v ".;",....,. Q ;:: ~~ ~ hI Z " <( " > · ..J " )0- , II) o z " z " W T a. I . " l!) ~ 0: :J - m C II) . - C It It <( :r , ' ~ STEVEN C, SMITH, Plaint if f Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No, () '7, {/,.)V3 (:[tu.f\:f,;.11M CIVIL ACTION . LAW IN DIVORCE vs. LISA M, SMITH, NOTICE TO QEFEND AND CLAIM RIGrrIS You have been sued in court. If you wish to defend against the claims set forth in the foregoing 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 in 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 the 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 : Office of the Prothonotary Cumberland County Court House Carlisle, Pennsylvania 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, Fourth Floor Cumberland County Court House Carlisle, Pennsylvania 17013 Telephone: (717) 2~0-6200 I. , STEVEN C. SMITH, Plaintiff vs, IN THE COURT OF COMMON PLEAS CUMBERI~ COUNTY, PENNSYLVANIA No, '/'/' I,;) '1'1 (1,,),( r~,.., LISA M, SMITH, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT ONDER SECTION 3301(0) OR 3301(d) OF THE DOMESTIC RELATIONS CODE 1, Plaintiff is Steven C, Smith, an adult individual who resides at 336 pine Grove Road, Gardners (Dickinson Township), Cumberland County, Pennsylvania, 17324, 2, Defendant is Lisa M, Smith, an adult individual who resides at 837 Hamilton Street, Carlisle, Cumberland County, Pennsylvania, 17013, 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint, ~, The Plaintiff and Defendant were married on February 23, 1997, in St. Thomas, Virgin Islands, 5, There have been no prior actions in divorce or annulment between the parties, 6, The Defendant is not a member of the armed forces of the United States or any of its allies, 7, The Plaintiff avers that the marriage is irretrievably broken, ',' 8, Plaintiff has been advised that counseling is available and that Plaintiff may have the right to ~equest that the Court require the parties to participate in counseling, The Plaintiff does not desire counseling, 9, Plaintiff avers that there are no children of the parties under the age of 18, 10, Plaintiff requests the Court to enter a Decree of Divorce. CALDWELL & KEARNS Date: ~on\, 4 \ lliL By Carl G, Wass Esquire 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 I. D, 1107268 Attorney for Plaintiff 94315-1 'lE.Il.IllCATI.ON I, STEVEN C, SMITH, verify that the averments made in this Compla~nt are true and correct, r understand that false statements herein are made subj ect to the penalties of 18 Pa, C. S, 4904, relating to unsworn falsification to authorities. /)1 . () / ..~ ( ~=-!tCtII'\ ' {/ . /' ,(pC .' . Steven C, Sm th Date: /1)- -;2. '-I - '/7' Ii , t'q . l,.-,~ I' " " < .- I I , ,I . , I. , " I l,." I" .. , , , .., 'I, flj , ',' (), , ) Q Ul E: z , ,. 0 .,. :! a: " ~ '" z ~ < ..: " ..: " ,. 0 ..J ~ > ~ " t- o ..J " >- 'J ..: , tIl '" " U) <l Z , " -J < >- ., z , w w .J 0 z , a. >- W ~ 0: " 0' ~ ~ 0 0 " 0: 0 ., ~ 2 0 :J -J " ..: ~ m <l: " ~ U) U < ~ ir 0: ..: :I ~ . """"./. 11""'1"'."1'1.,,11 ,,'011'.1 ..",. ,~.." 11\'. I 'y STEVEN C, SMITH, Plaintiff IN 'l'HE COUR'l' OJ? COMMON PLEI\S CUMBERL,AND COUN'l'Y, PENNSYINANIA No, 97-62~3 CIVIL TERM vs, LISA M, SMITH , Defendant CIVIL, AC'rION - LI\W IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 12, 1997. 2, Plaintiff acknowledges that a copy of the Complaint was served on the Defendant on November 21, 1997. 3, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed, both from the date of the filing of the Complaint, and from the service of the Complaint, 4, I consent to the entry of a final Decree of Divorce without notice. 5, I understand that I may lose rights concerning alimony, division of property, lawyer I s fees or expenses if I do, not claim them before a divorce is granted. 6, 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. , J Dated: .:3 -11.... 9 & 98575-1 Smith, 7, I have been advised of the availability of marriage counseling and underst.and that I may request that the Court require counseling, I do not requf.!st that the Court r.equire counseling, 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, Section ~904 relating to unsworn falsification to authorities, SSH: 208-42-2998 ff '" '-,") i-' " , . " , I I, . " , >. " ,I< J Ii , , " , , I ~ , I U O. -- 0 U) , f: , :! Z 'J ~ 0:, ~ '" Z 0( " <( ~ ~ , > .J ~ -' ~" I- , >- " 0( ? III ,., () Z l('l III " Z , >- " w ..J . w , , 0. .J I) z , W" 0: 11: l:J" ;: ;1 0 o 0: ? ::J 0:-,1= " m .J ' 0( ~ III < : M ii: U 0: <( l: 'f.,\", ,I",., 1"\' STEVEN C. SMITH, Plaint iff vs, IN THE COURT OF COMMON PLEAS CUMBERLI\ND COUNTY, PENNSYLVI\NIA No, 97.6243 CIVIL TERM CIVIL ACTION . LAW IN DIVORCE LISA M, SMITH , Defendant DEFENDANT'S AFFIDAVIT OF CONSEN'r AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on Novenmer 12, 1997, 2, Defendant acknowledges that a copy of the Complaint was served on November 21, 1997, 3, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed, both from the date of the filing of the Complaint, and from the service of the Complaint. ., ~, I consent to the entry of a final Decree of Divorce without notice. 5, 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. 6, 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, 7, I have been ildv.lsed of the availabil i ty of marriage counseling and understand that I may request that the Court require counseling, I do not request that the Court require counseling, 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. Section 4904 relating to unsworn falsification to authorities, Dated: \\o.h(-Q \'0, Li.tt l. L'1I ,/ (i' "L sa M, "' ' ( . (I I If ,.'y>,' ( ((j,( Smith, Defendant SSII: 208-64-2813 98576-1 u' ,,, !.. 1Il , Z 0 0: . ~ ~ ~ ~ ~ ~ I- o .0: .. v III "">- ...J ~ w .J 0 z W iii 0: ~ ~ 0 O '. ~ " ~ .J a .0: <( ~ U I,) ",,.,,,, o E L ~ w Z " 0( ,. > " -l ,. >- , VI o Z " Z ,. W I Q. ,. It d ~ rr . :J ,. m ~ VI ~ it l< 0( :r STEVEN C, SMI'rH Plaintiff IN THE COUR'l' 0[0' COMMON PLEAS CUMBERLJ\ND COUN'rv, PENNSYLVANIA vs, No, 97-62~3 CIVIL, 'l'F,RM LISA M, SMITH, Defendant CIVIL ACTION - LAW IN DIVORCE AE.E..IDAVIT OF SEl?JlICE COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, CARL G, WASS, ESQUIRE, who being duly sworn according to law, states that he served a certified copy of the Complaint in Divorce, with attached "Notice to Defend and Claim Rlghts", upon the Defendant, Lisa M, Smith, pursuant to Pennsylvania Rule of civil Procedure 1930,4 by mailing to the said Defendant at her residence, 837 Hamilton Street, Carlisle, Pennsylvania, 17013, by first class mail, postage prepaid, and by certified mail, restricted delivery, return receipt requested, said certified mail piece being No, P 233 858 422; that service of the foregoing was made on November 21, 1997; and that attached hereto and incorporated herein by reference is the return receipt, bearing the signature of the Defendant, a8knowledging receipt of the aforementioned Sworn to and subscribed before me this ~~ day of j)..t-~"""HJre...U , 1997. .. 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Jl l J Lisa /1. Smi th 837 Hamilton street Carlisle, PA 17013