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HomeMy WebLinkAbout03-0543Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SANDRA L. WILSON, Plaintiff CHARLES J. WILSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. C33 - CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SANDRA L. WiLSON, Plaintiff CHARLES J. WILSON, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. F_2 ~:~_ ,ff~ CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301(c) AND (d) OF THE DIVORCE CODE 1. Plaintiff is Sandra L. Wilson, an adult individual residing at 1246 Summit View, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Charles J. Wilson, an adult individual residing at 310 South Allen Street, #403, State College, Centre County, Pennsylvania 16801. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on July 3, 1961 in Bel Air, Maryland. 5. There are no minor children born of this marriage. 6. The parties separated on August 20, 2001. 7. The Defendant previously filed for divorce on August 20, 2001 under Centre County Docket No. 2001-2097. Defendant then filed on or about October 31, 2002 a Praecipe to Withdraw his Complaint. 8. Neither Plaintiff.nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiffhas been advised that counseling is available and that Plaintiff.has the fight to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 1 I. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff.requests entry of a divorce decree in her favor in accordance with § 3301(c) and (d) of the Pennsylvania Divorce Code. INDIGNITIES 12. The averments in paragraphs 1 through 11, inclusive of Plaintiff's Complaint are incorporated herein by reference thereto. 13. Plaintiffis the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to her so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 14. The averments in paragraphs 1 through 13 of Plaintiffs Complaint are incorporated herein by reference thereto. 15. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. COUNT HI SUPPORT~ ALIMONY PENDENTE LITE AND AI,IMONY 16. The averments in paragraphs 1 through 15, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 17. Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT IV ATTORNEY'S FEES AND COSTS 18. The averments in paragraphs 1 through 17, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 19. Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiffrequests an award of counsel's fees and expenses. WHEREFORE, Plaintiff, Sandra L. Wilson, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; 4 B. Awarding Plaintiff support, alimony and alimony pendente lite; C. Awarding Plaintiff`counsel fees, costs and expenses; D. Equitably distributing the marital property; and Awarding other relief as the Court deems just and reasonable. Dated: January,f~/, 2003 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SANDRA L. WILSON, Plaintiff CHARLES J. WILSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, SANDRA L. WILSON, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. CSA. Section 4904 relating to unswom falsification to authorities. Dated: / NDRA L. WILSON Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SANDRA L. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS : CLrMBERLAND COUNTY, PENNSYLVANIA v. :NO. 03-543 CHARLES J. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7000 0600 0028 3892 3547, Return Receipt Requested, on the above-named Defendant, Charles J. Wilson, on February 12, 2003 at Defendant's last known address: 310 South Allen Street, #403, State College, Pennsylvania 168011. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true ancl correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Dated: February 18, 2003 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774..1445 Supreme Court ID #32317 Attorney fbr Plaintiff (Endorsement Required) ~ Restricted Delivery Fee (Endorsement Required) ~ient's ~me (Please ~pt, Clearly) (to be completed by m,~iler) , ........... f ' , e, ZIP 4 ........................................... · Complete items 1, 2, and 3. Also complete ilmm 4 if Restricted Delivery is desired. · Print your name and address on the reverse · o that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. A~cle Addressed to: 1~. CHARLES J. [TILSON 310 SOUI"H ALLEN STREET #403 STATE CO~, PA 16801 2. A~icle Number (Copy f,o,,, service label) D. Is delivery address 17 r-I Yes If YES, enter r'l No [] Ad~- j! J ~iD iRnT:r~der~MA r'l Return Rece'pt for Merchandilm t L.I Insured Mail [] C.O.D. J 4, Restricted Delivery? (Extra Fee) EXHIBIT "A" 1N TI4E cOUKT OI~ COMMON pLEAS OI~ cuMBEKLAIqD COUIqT~/' PE~S~ ~Ik cI~L ACTION S~ L. ~LSON, Pla~tiff CI-IPd~LES I. wILSON, Defendant No. 03 - 543 Civil Term In Divorce THE pROTHONOTARY OF sAID coURT: wILSON, to the abo,/e TO Kindly enter my appearance on behalf of the Defendant, CHARLES I. captioned matter. All papers may be serVed upon the: Defendant at my law offices located at 107 East Main Street, Millheim, PA 16854. KY~- ' B Attorney for Defendant 107 East Main Street Millheim, PA 16854 DATED: February 18, 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SANDRA L. WILSON, : Plaintiff : VS. ' ._ CHARLES J. WILSON, : Defendant : No. 03 - 543 Civil Term In Divorce CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within PRAECIPE FOR ENTRY OF APPEARANCE was served by depositing the same with the United States Postal Service, postage prepaid, addressed to the following: Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 James N. Bryant, Esq. Attorney for Defendant DATED: February 18, 2003 MARITAL SETTLEMENT AGREEMENT tins AGREEMENT, made thi~.~/~' day of'~e-.~rr~:[~'- ,2003, by and between Charles J. Wilson, hereinafter referred to as "HUSBAND," and Sandra L. Wilson, hereinafter referred to as "WIFE." WITNE$$ETH, That: /~q/EREA& the parties hereto are husband and wife, having been lawfully joined in marriage on July 5, 1961, in Bel Air, Maryland; /~//EREA& there are no minor children born of this marriage; WHERE.~, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND December 4, 2003 and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND has been independently represented by James N. Bryant, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal fights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness December 4, 2003 2 of the causes, which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully complied with the other's requests for disclosure of income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her fight to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. December 4, 2003 3 The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed simultaneously with this Agreement. 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHERDOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, 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. December 4, 2003 4 7. .MUTUAL RELEASES Except as otherwise expressly provided by this Agreement. A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distfibuton, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's fights, family exemption or similar allowance, or under the intestate laws, or the right to take against the pouse s will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvahia, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. December 4, 2003 8. SUCCESSOR'S RIGHTS AND LIABILITIE~ This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. .ENTIRE AGRF,~,MENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. December 4, 2003 6 The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. 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 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 their rights under this Agreement. 13. .CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a December 4, 2003 7 consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party found to have failed to provide the necessary information leading to the tax assessment or whose intentional or grossly negligent errors or omissions in reporting or failure to report or file income resulted in the assessment. In that situation, the party responsible for the assessment of liability shall indemnify and save harmless the other from all additional tax, penalty, and interest. If the liability is the result of a computation error or an error not attributable to the intentional or grossly negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION H EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. The parties agree that all assets in the possession of WIFE as of the date of execution of this Agreement shall be the sole and separate property of WIFE. The parties agree that all assets in the possession of HUSBAND as of the date of execution of this December 4, 2003 8 Oldsmobile. Neither vehicle was encumbered. WIFE shall have sole ownership of the 1995 Honda Accord and HUSBAND shall have sole ownership of the 1996 Oldsmobile. Each party agrees to cooperate to execute any and all documents to effectuate transfers of these respective titles, if applicable. D. FINANCIAL ACCOUNTS: 1. CASH ACCOUNTS: The parties confirm that the following financial accounts (or the proceeds thereof if said accounts had been transferred or otherwise liquidated) shall become the sole and separate property of the respective party: WIFE shall have sole ownership of the following: PSECU ACCOUNT # 0183324529, together with IRA Certificate #50 and #51 with a total approximate value of · T ROWE Price Mutual Fund with an approximate value HUSBAND shall have sole ownership of the following: Penn State Federal Credit Union Account No. 2549600012 With an approximate value PSECU Member #0177XXXXX, Checking and Savings with an approximate value Track Securities Corp Account No. 32852451 with an approximate value December 4, 2003 10 $17,500.00 $ 8,5OO.00 $ 5,500.00 $10,000.00 $ 850.OO E. PENSIONS AND EMPLOYMENT BENEFITS Through her employment during the marriage, WIFE has acquired certain rights and interest in two retirement plans - one with the Commonwealth of Pennsylvania and the other with the Pennsylvania Credit Union Association. The benefits earned through the Commonwealth include an annuity in pay status and a deferred benefit plan. The benefit earned through the Pennsylvania Credit Union Association includes a pension and a deferred compensation designated as a capital accumulation plan. Such benefits shall be the sole and separate property o£ WIFE and HUSBAND waives any and all claims to any such benefits. Through the course of his employment, HUSBAND has earned a retirement benefit through the State Employees Retirement System. Said benefit is in pay status. Said benefit shall be the sole and separate property of HUSBAND and WIFE waives any and all claims to such benefit. Additionally, HUSBAND has accumulated certain retirement benefits in the form of an IRA account through FleetBoston Financial Co., No. 596-9239-18RR 8A5, Northwest Savings Bank Account No. 69009443347 and Men'ill Lynch Account No. 801-83271-801-87538. Except for the transfer set forth below, HUSBAND shall be the sole owner of said accounts and WIFE waives any claims to the residuary value contained in therein after distribution to WIFE. December 4, 2003 11 The parties agree that WIFE shall receive a distribution of THREE HUNDRED FIFTEEN THOUSAND DOLLARS ($315,000.00) in the form of a rollover from the Merrill Lynch accounts. Said rollover shall be completed by a Domestic Relations Order to ensure that no income tax consequences are incurred. The funds to be transferred shall occur from assets within the account so that the capital gain or loss to be incurred is as nearly as possible divided between the parties upon liquidation. This rollover shall occur to WIFE's Qualified Account No. During the pendency of the separation, HUSBAND has additionally had various distributions from his IRA accounts. These distributions included $105,317.00 in 2000, $120,000.00 in 2001 and $50,000.00 in 2002. The parties agree that said sums shall be the sole and separate property of HUSBAND and WIFE hereby waives any and all interests she may have in these benefits. F. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. G. STOCKS The parties warrant that no other stocks or bonds, except as included in the above referenced accounts, existed as of the date of separation. December 4, 2003 12 ltl. CASH PAYMENT TO WIFE: At the time of execution of this Agreement, HUSBAND agrees to pay to WIFE the sum of FIFTEEN THOUSAND DOLLARS ($15,000.00). Said sum represents a $5,000.00 contribution toward counsel fees she has incurred in this matter. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. .SECTION HI SUPPORT, ALIMONY PENDENTE LITE, 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 satisfaction of any clairns or demands that either may now or hereafter have against the other for support, maintenance, alimony or alimony pendente lite. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite December 4, 2003 13 and maintenance. SECTION IV 1. .,CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. WITNESS Charles J. Wfls~ December 4, 2003 14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ) )ss. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared CILARLES J. WILSON, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belie£ Affirmed and subscribed to before me this NOTARY PUBLIC My commission expiresfY/tty ]l ,,%0o '~ day o£~2003. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) )ss. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared SANDRA L. WILSON who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belie£  bed to before me thiso'). ~ day of~_~~:r~ 2003' My commission expires: (SEAL) December 4, 2003 15 BAR6ARA SUMPLE;~ULUVA/~I Notarf Pub#c NEWCUMBERI.AAID BOROUGH CUM~ERI.AND COUNIY My Commission EXl:f,m~ Nov 15. 2007 SANDRA L. WILSON, Plaintiff CHARLES J. WILSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL DIVISION. LAW : NO. 03-543 CIVIL TERM : : IN DIVORCE ORDER OFCOURT AND NOW, this J.,~[.~ d/~ay of December, 2003, the economic claims raised in the proceedings having been resolved in accordance with a Marital Settlement Agreement dated December 29, 2003, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. Cc: Barbara Sumple-Sullivan Attorney for Plaintiff BY THE COURT, James N. Bryant Attorney for Defendant SANDRA L. WILSON, : IN THE COURT OF COMMON PLEAS Plaintiff V. CHARLES J. WILSON, Defendant · CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-543 · CIVIL ACTION - LAW ' 1N DIVORCE &FF[DAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 4, 2003. 2. The marriage of the Plaintiffand Defendant is irretrievably broken. Ninety days have elapsed since the filing and service 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, ' awyer s fees or expenses ifI do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. / / ~RA L. WILSON, ' IN THE COURT OF COMMON PLEAS Plaintiff V. CHARLES J. WILSON, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-543 CIVIL ACTION - LAW /N DIVORCE .AFF/DAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 4, 2003. 2. The marriage of the Plaintiffand Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry ora 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, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A, Section 4904 relating to unsworn falsification to authorities. DATE: SANDRA L. WILSON, Plaintiff CHARLES J. WiLSON, Defendant · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 03-543 : CIViL ACTION - LAW : IN DIVORCE _WA/VER OF NOTICE OF INTENTION TO REQUES'~' _ENTRY OF A DIVORCE DECREE UNDEk ~3301(c) OF THE DIVORCE CODE 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, la er's fe wy es or expenses ifI 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 statement herein are made subject to the penalties of 18 Pa.C.S. {34904 relating to unsworn falsification to authorities. SANDRA L. WILSON, : IN THE COURT OF COMMON PLEAS Plaintiff V. CHARLES J. WILSON, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-543 : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUES'r _ENTRY OF A DIVORCE DECREE UNDEit ~3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI 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 statement herein are made subject to the penalties of 18 Pa. CS. ~4904 relating to unsworn falsification to authorities. CHARLES J. ~ON Barbara Sample-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SANDRA L. WILSON, Plaintiff CHARLES J. WILSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-543 : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORB To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service &the complaint: United States Mail, Certified Mail, Restricted Delivery on February 12, 2003. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by PlaintiffDecember 29, 2003; by Defendant December 16, 2003. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated December 29, 2003 and incorporated, but not merged into the Decree. See paragraph 5, page 4 of the Agreement. 5. Date PlaintifFs Waiver of.,N, otice in 3301(c) Divorce was filed with Prothonotary: December 31, 2003. Date Defendant s Waiver of Notice in 339 Divorce was filed with Prothonotary: December 31, 2003. / ~1~ Dated: December 3 I, 2003 /~o~_~~ / Barbara Sumple Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF SANDRA L. WILSON, Plaintiff VERSUS C~JARLEs J. WILSON, Defendant PENNA. N o. 03-543 DECREE IN DIVORCE AND N OW, .~~~L~ 2003 DECREED THAT SAND~ L. ~TZLSO~ AND ARE DIVORCED FROM THE 8ONDS OF MATRIMONy. __, IT IS ORDERED AND --, PLAINTIFF, , DEFENDANT, 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; All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated December 29, 2003 arq incorporated, but not merged, into the Decree.