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HomeMy WebLinkAbout98-01737 I ~. ~ <:( I ~I I ~ kJi ~'\ <:( \ \ \ \ , i i , i , I I i , . ~ ~ JI I r r0 r. -- t:.~-~.,~,~_"!l"_4!',,~,~~~:~~~~''':~~'''~~ .1':' .:,!!, :If>~'.'~~~~',':'~~.~>llI\(~~~l ~ . . . 8 . 8 8 . 8 . . . $ 8 i . ~ . . I - . . . . . 8 ~ . . . : n y T h;Cm~ {; C:.2k:~ < Jd ~; . All",.t, 1 t" c; l'! I /!~. .. ... ': t Y" .-/// Prothonotary. .r ~ ...........-... ...............~....-.......~--~~'-.- -- ..,~..~..-~~-..--...-....- ill ..... .. .... ............ ... ... ... 'lll' .' 'lie' .:,c, '.' '1IC' .w;. .:,c, :ac:.:,c: .:'l.:: 1f:"4.:~ :.: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '*' PENNSYLVANIA DENISE M. ANDERSON II No, d ;J,.lU..,l ~n.......... 19 98 II II II Vl'I'SlIS JAMES A. ANDERSON DECREE IN DIVORCE AND NOW, ".. . . ~ p.r.d,,?r .1.. "" .. ., 191:1:.., It Is ordered and decreed that ....".......,..."...........,...... . . " " .. , , . " plaintiff, and ..,.. . . . . . , . . , , . . , . . . , . . . , . . , , . . . , . , . . . . . , , . . . . , , , . , , . , . ., defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been ralsed of record in this action tor which a final order has not yet been entered; NONE ".11~. p;r:.QP~;C,t;ll. fi~.t,n~J11~l)t. ,~qr;~~.I1!~J;I~, ,4~t~.~ .J;\p,r.~~. ~... ,~~,9.~ J:". . , , . , , hereby incorporated into thiB divorce uecree. . . . . . . . 8 . 8 . . . 8 ~ . . 8 . ~ k "1. ~ . ~ - ~ Iii >, 8 M " ~ ~ ~ ~ AND PROPBRTY SBTTLBMBNT AGREBMBNT THIS AGREEMEN'!', made this a.t.h day of Apr.i1, 1999, by between DENISE M. ANDERSON, hereinafter referred to as "Wife", JAMES A. ANDERSON, hereinafter referred to as "Husband". and and WITNESSETH: WHBREAS, Husband and Wife were lawfully married on September 10, 1994; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous, therefore, of entering into 'an Agreement which will provide for equitable distribution of their marital property, and for their mutual responsibilities and rights growing out of the marriage relationship; and WHBREAS, the parties hereto, after being properly advised by their respective counsel, Wife, by her attorney, Clayton W. Davidson, Esquire, and Husband by his attorney, Lori K. Serratel1i, Esquire, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1 . SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time chooGe or deem fit. 2. XNTERFERENCE: Each party shall be free from interference, authority and contact by the other, as f-.:lly as if he or she were single and unmarried, except as may be necessary to carry out the provisions of thi s Agreement. Neither party shall molest the othel:' nor attempt to endeavor to molest the other, nor compel the other to oohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on February 9, 1998, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or hilll estat.e might be responsible and shall indemnify end save Husband harmless from any and all claims or demands made against him by reason of debts or obligat10ns incurred by her. 4. HUSBAND'S_DEBTS: Husband represents and warrants to Wife t.hat since their separation on February 9, 1998, he has not, and in the future he will not, contract or incur any debt or liabJ.lity for which Wife or her estate might be responsible and shall indemnify and save Wife ha=mless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OU.lSTANDIN_G JOINT DEBTS I Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: 1. Columbia National Mortgage - Husband agrees to be solely responsible for all payments of the mortgage on the marital residence located at 808 16th Street, New Cumberland, Pennsylvania, which has the approximate principal amount of Sixty Seven Thousand, Seven hundred and fifty Dollars ($67,750.00) and make all payments all required in a timely fashion. Husband further agrees to re-finance and payoff said mortgage within one (1) year from the date of execution of this agreement in order to remove Wife's liability for payment of said mortgage. In the event that Husband is unable to re-finance within one (1) year, the parties marital home will be listed for sale, with all costs of sale to be born by the Husband (inclUding but not limited to: taxes, real estate commission, etc.) and the proceeds of the sale shall be used to payoff the outstanding mortgage. rn the event that either party contracted or incurred any debts since the date of separation on February 9, 1998, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. 6 . MUTUAL RELEASE I Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of 2 property inasmuch as the parties hereto agrae that this Agreement provides for an equitable dist:ributJ.on of their marital property in acocrdance with the Pennsylvania Divorce Code of 1980, as amended. Subject to the provisions of this Agreement, each party has relellslild and discharged, and by this Agreement doeu for himself or herself, and his or her heirs, legal representatives, axecutors, 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 dJ.vorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or hel' right to request marital counseling pursuant to Section 202 of the Divorce Code. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPEBTI1 The parties have attempted to distribute their marital property in a manner which confirms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taking into account the following consideratJ.ons: the length of the marriage/ the fact that it is the first marriage for both Husband and Wife, the age, health, station, ~rnount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medi.cal, reti.rement, insurance or other benefits / the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effectiv~. In consideration of the full settlement of Wife ' s marital rights and the other promises and covenants made in this Agreement, Husband agrees to pay Wife the sum of Six Thousand dollars ($6,000.00) within thiI'ty (30) days upon the execution of this Agreement. Thereafter, Wife will execute a deed conveying all her interest in the marital residence and will return her wedding ring to Husband. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. 3 A. ~ISTRIBYTION OF PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a 8atisfactory division of the furniture, household furni8hings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and 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 indivi.dual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property/ or of the separate personal property of either party / which are now in the possession and/or under. the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents neoessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property / the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, oheckbook, policy or certificate of insurance or. other similar writing is in the possession or control of the party. Husband and \'life shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefit.s to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and nei.ther will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate propert~' and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell / grant / convey / or other.wise 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. ALIMONY:, No alimony will be paid by either the Husband to wife or Wife to Husband. Both parties agree to waive all claims or rights to 4 any alimony payments in light of the economic distribution of the marital property that has been effectuated by this agreement. 11. Q.Q.!lliSEL FEES AND EXP~~ Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have againat the other for counsel fees or expenses and maintenance before, dur1ng and after the commencement of any proceedings for divorce or annulment between the parties, 12. ~OME TAX RETURNS: The parties have heretofore filed joint federal and state tax returns. 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 indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalt.y and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined 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. 13. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwi.se provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any juriSdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executoI' of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 5 14. SUBSEQUENT DIVORC~ Wife haB filed a no-fault oomplaint in divoroe against Husband. Husband and Wife each agree to Dign an affidavit of consent to be filed i.n said divorce acti.on. The parties further agree that each party will be reoponsible for their respeotive attorney's fees. In the event such divoroe aotion is concluded, the parties shall be bound by all the terms of this Agreement which may be incorporated by referenced into the Divorce Decree, shall not be merged in such Decree, and shall not be modified, but shall in all respects survive the same and be further binding and conclusive upon the parties. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by eit.her party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement may be l.ncorporated in but shall not merge into any such jUdgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 15. BREACH AND ENFORCEMENT: 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, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement should be responsible for payment of legal fess and costs incurred by the other in enforcing his or her rights under this Agreement. A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Huaband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law! and in recognition of the general jurisdiction of Courts in Equ~ty over agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this 6 Agreement, each shall waive any right to a jury trial sO as to expedite the hearing and disposition of such CAse and so as to avoid delay. C. Each party further hereby agrees to pay and to sav'e and hold harmless the other party from any and all attorney's fees and coste of litigation that either may sustain, or incur or becollle liable for, in any way whatsoever, or shall pay upon, 01' in consequence of any default or breach by the other of any of their terms or provisions os this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against. the other 8,t law or equity or both in any way what.soever; provided that the party seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the speoific agreement and intent of the parties that a breaching or wrongdoing party shall b'!ar the burden and obligation of any and all costs and expenses and oounsel fees incurred by himself or herself as wall as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 16, ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all furthex' instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them 01' by their respective counsel. 18. ENTIRE AGREEMENTt 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 7 basod on the length of their marriage and other relevant factors whioh have been takon into considel-ation by tho parties, Both partioB herebr accept the pr0visions of this Agreement with respeot to tho divis .on of property in lieu of and in full and final settloment and satisfaction of all claims and demands that thoy m.:ty now ha'le or horeafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 401(d) of the Divorce Code or any othor laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a oourt ordered determination and distribution of marital property, but oothing heroin contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 19. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has mnde a full and complete disclosure to the other party of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 20. MQP.IFICATION AND WAIVER: 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 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. 21 . mOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 22. DESCRIPTIVE HEADINGS: only. rights The descriptive headings used herein are for convenience They shall have no effect whatsoever in determining the or obligations of the parties. 23. ~NDEPENDENT SEP~RATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 8 DENISE M. ANDERSON, I IN THE COURT OF COMMON PLEAS Plaint.iff I OF CUMBERLAND COUNTY I V. I No. 96-1737 I JAMES A. ANDERSON, I CIVIL ACTION - lAW Defendant I DIVORCE r.~CIPE TO TRANl!.Ml'L RECORD TO THE PROTHONOTARY I Transmit the record, together with the following information, to the court for entry of the appropriate divorce decreel 1. Ground for divoroe: Irretrievable breakdown under section 3301(C) of the Pennsylvania Divorce Code. 2. Date and manner of servioe of complaint: The Complaint was filed on March 30, 199B, and was served on James A. Anderson, via United States, first class, certified mail, Restricted delivery, return receipt requested on April 2, 199B. 3. Date of execution of the affidavit of consent I by Plaintiff April 8, 19991 by Defendant April 5, 1999. 4. a divorce 5, 1999. Date of waiver of notice of intention to request entry of decree: by Plaintiff April 8, 1999; by Defendant April 5. Related Economic Claims pendlng: There are no economic claims pending and distribution of all personal and real property has been settled by agreement of the parties. Respectfully Submitted, C~!.r . CIa on W. Davidson,- Esquire orney I.D.# 79139 201 North Second Street Harrisburg, PA 17110 (717)-233-4141 - Attorney for Plaintiff Datel April 19, 1999 DENISE M. ANDERSON Plaintiff v. IN THE COURT OF' COMMON PLEAS CUMBER~D COUNTY PENNSYLVANIA NO. JAMES A. ANDERSON Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(0) OF THE DIVORCE CODE 1. Plaintiff is DENISE M. ANDERSON, an adult individual who currently resides at 330 South Washington Street, Apt, 5, Mechanicsburg, Pennsylvania 17055. 2, Defendant is JAMES A. ANDERSON, an adult individual who currently resides at 808 16th Street, New CUmberland, Cumberland County, Pennsylvania 17070. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at lease six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 10, 1994, in Carlisle, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. <'<~"-- of. t~e 1\\0\\\'00 'C o.a.\"\t 1..$ a. O'C uof.O\"\ 1>-\.\.\,0$' \,tt t \,\:.$ aC\:.\'O\"\ ?\.aJt"I\:.' 0'C a.t"I'/ 0 n\'C\\ \:.nO ~O\,\:.~O'C \:.nO \\:.00. S\:.a\:.O$ q'CO~t"lo. ot"l ~ t \:.nO \)t\. \:,na\:. \:.nO 'o"(:oV.ot"l. o \,tt a"o'C$ \'e"a'o\.'/ t \:.nO e\.a\,t"I\:. \,$ \,"(:'C0\:.'C \,\.O'Cot"l 0 'tne \\\a'C'C\,aqo a'Co t\0 cn . \:. \:.nl;l \:.no"(:o \,$ \:.\"\a t\\at 'pa$oo. \,tt a"o'C$ t"I ~\.II) , 1..$ ?\.a\,t"I\:. e\,q\\tee ~ot"lo'Ca.'p\.e <;\. "0 ot tn\,$ \:.\\0 a-o ~~$\:.5 ~\"\o.e'C \,tt 'Coel; 'C),aqo \>\.a\,t"lt 1:\\0 \\\a'C ot \. ,,\,t\q . coo.o 0.\,550 u)."\10'Cco t \:.no 33Q\'<'C) 0 1 . se'C"\'C'os 1>-t\\\eo. e\"\\:.ot \:.0 Co~'C\:. (l.'C\:.\'0'il \:.\\e ? 'pot~oet"l \.9\.\Q, (l.s II. ,.,at \:.\,oS .. "'O~'€.. ~r\'€.\'.V,< io"o'Cce iot"l U soc\:.\,Ot"l \:.0 S~'p\\\\,\:.tOo. o.octOO (l. ..s~(l.t"I\:. 'P~. (l.\\\Ot"lo.oo,. '\,.9911 C" 21. \l>,a.t 't\\:.\,tt \>\.a... U1>-'t'€.\ DENISE M. ANDERSON, I IN THE COURT OF COMMON PLEAS Plaintiff I OF CUMBERLAND COUNTY I V. I No. 9B-1737 I JAMES A. ANDERSON, CIVIL ACTION - LAW Defendant DIVORCE AEr!DAVIT OF SERVICE I, Clayton W. Davidson, Esquire, being duly sworn according to law, depose and state that service of the Complaint in Divorce in the above-captioned matter was served by certified mail, restricted delivery, on the Defendant, James A. Anderson, at BOB 16th Street, New Cumberland, PA 17070 on April 2, 1998. The original certified receipt is attached hereto as Exhibit "A". Respectfully Submitted, (~1. t: Cl on W. Davidson, Esqui.re A orney 1.0.* 79139 2201 North Seoond Street Harrisburg, PA 17110 (717)-233-4141 Attorney for Plaintiff Datel April 19, 1999 ~.. l1') ';c . rr; 41;- t~; I;-~~ fU f, ~! ~y .:r; () I , Ii; ~''-. I. },~-J () ~ , f," (}'l (F) IJ I :<~; , III , r/,: ;,/,11';1 fA, ,~;_/n.. '-"-.1. I (/"'1 ....j ( ,I 01 U .. ~ DENISE M. ANDERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff ,I CUMBERLAND COUNTY, PENNSYLVANIA 1 v. I No. 98-1737 1 JAMES A. ANDERSON, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT L A Complaint in divorce under section 3301 (C) of the Pennsylvania Divorce Code was filed on March 30, 1998. 2. The mardage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days elapsed from the date of filing of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 5. I hereby waive my rights to marriage counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. (t" A ~ (n (litrJ.f1J411 ) ofu~NDERSON, PLAINTIFF Date I 4 / ~f7~ ~ In >. If:t ("" .t:l ~i~~ '.-1 .. (') (",1 J ,-.; l,1k., ....... () ~}('_I () .;.;r I;~'c' tl.. l '-" .I.." :c_1 ?{ <~. cr, (/) (~-) 1-;_ - " ._" , c.~. l/7lti ',',L, /" c:.c ~r!n.. " It:,': .'.., " 0", ~~:i 0 m () ..;---- <, DENISE M. ANDERSON, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I No. 96-1737 I JAMES A. ANDERSON, I CIVIL AC'l'ION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ltlITRY OF A DIVORCE. DECREE UNDER SECTION 3301/CI OF THE PENNSYLVANIA DIVORCE CODB 1. I, Denise M. Anderson, Plaintiff, consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not. be di.vorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsif ication to authori ti.es. n/f1LfJi J/l a(Jj~~/19 ~SE M. AND RS N, PLAINTIFF Date I 'NtILL!te (f}. U/1 cinJ cnU I/? h L/ DENISE M. ANDERSON, I I Plaintiff I I V. I I JAMES A. ANDERSON, I I Defendant I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Civil Action - Divorce No. 98-1737 AFFID.IWIT OF CONSENT 1. A Complaint in divorce under section 3301(C) of the Pennsylvania Divorce Code was filed on March 30, 199B and served on April 2, 1998. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days has elapsed fl:om the date of filing of the Complaint and service thereof. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concern1.ng alimony, division of property, lawyers fees or expenses if I do not claim them before II divor.ce is granted 5. I hereby waive my r.ights to marriage counseling. I verify that the statements made in this affidavit are true and correct. I understand 'that false statements made herein are made subject to the penalties of 18 Pa. C. S. S4904 relating to unsworn falsification to authorities. 'i:') L'! ~~~ ~ Ii; /",/ / !/cA1"u", lie c"" __. JAMES A. ANDERSON Date I '1/sfn ; :""", In E~: ~:~~ Ln ,:-: ~ .( (-., r ; ;~~ fjl.. , () ( , (,1:," ri: ,~,_. , 1::1-_ , , I" , (? ',},~ en, [',') I' I,; ::'.i -I '~I 0..:;- ~ It IlL"; [i. I ll.. P~l(,t. I ":'-J: I '. r" ':5 () 0'1 (,) , ,. .. DENISE M. ANDERSON, I I Plaintiff I I V. I I JAMES A. ANDERSON, I I Defendant I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Civil Action - Divorce No. 98-1737 WAIVER OF NOTICE OF INTENTION TO REQUEIrJ: ENTRY OF A DIVORCE DECREE UNDER SECTION 330l(C) ...m: THE PE.miS..-YLVANIA DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice, 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 19 Pa.C.S. S4904 relating to unsworn falsification to authorities. 'l /1, /j / {(CZ0'V;) (l ~ {~,l- /. AMES A. D RSON V ~~ Date I ik/9CJ ['F IJ") f~ <( ~f: ".) "'. .. lJJ ~~) ~ ,) IT~ ()1 qu J :t' ri: ~ "'" , ~ LI.. , 1 (i3F 'I' en ['[LJ CII, -'J Liltc ---fl! Ct.; iOr!] [[:",..1 f! n, :~1(,t-. ~'l:.r: I.L ("T' '''', 0 rn (3 , I' " . " ''"'' "'1"" DBNIn II. ANDIlRSON, I INTHIl OOURT or OOMMON PL.AS or Phintiff I OUMBBRLAND OOUNTY, PENNSYLVANIA I v I I NO. 98-1737 I JAMES A. ANDERSON, I CIVIL ACTION - LAW Defendant I iBAIll::.IU Please enter the appearanoe of Lori X. Serretelli, Esquire, as attorney for the Defendant in the above-captioned matter. Dated: ') ,; 8-.1 t' ~-r'_ , // ~. ""\), ,-- .:,{.,Q ~ LorV'K Serratelli, Esquire SEaRA ELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road suite 201 Harrieburg, PA 17110