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HomeMy WebLinkAbout01-5801LYNN LEE ALLISON, Plaintiff V. BILLIE JO ALLISON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Ot- .s°'POI 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 or visitation of your children. When the ground for 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 the Cumberland County Courthouse, Carlisle, Pennsylvania. 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, PA 17013 (717) 249-3166 GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposito - I.D. #25454 Attorneys for Plaintiff 320 Market Street, Strawberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-416l LYNN LEE ALLISON, Plaintiff BILLIE JO ALLISON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1N DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff, LYNN LEE ALLISON, is an adult individual, who currently resides at 318 Roxbury Road, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant, BILLIE JO ALLISON, is an adult individual who currently resides at 318 Roxbury Road, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff avers that he has been a bona fide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint. Pennsylvania. 5. hereto. 6. The parties were married on June 27, 1998, in Shade Gap, Huntingdon County, There have been no prior actions of divorce or annulment filed by either of the parties Plaintiff has been advised of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. 7. The Defendant in this action is not presently a member of the United States Armed Forces or of any of its allies. 8. Plaintiff requests the court to enter a decree of divorce. thereto. 10. COUNT I The averments of Paragraphs 1 through 8 herein are hereby incorporated by reference The marriage is irretrievably broken. WHEREFORE, Plaintiff prays Your Honorable Court to: (a) Enter a Decree in Divorce, divorcing the Plaintifffrom the bonds of matrimony heretofore existing between Plaintiff and Defendant; and (b) Order such other relief as the Court deems just and reasonable. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By~ PAUL J~SP~SITO, ESQUIRE Post Office Box 1268 Harrisburg, PA 17018-1268 Supreme Court ID #25454 Attorneys for Plaintiff VERIFICATION I verify that the statements contained in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belie£ I understand that false statements contained herein are made subject to the penalties of 18 Pa. CS Section 4904 relating to unsworn falsification to authorities. Date: ~'~- ~--O/ LYNN~ LEE ALLISON RECORD OF ~'~ I DIVORCE OR ANNU~_~MENT CUMBERLAND [] (CHECK ONE) HUSBAND N~M-----~----- SSN: 192-46-1720 (F~t) (Middle) (Last) . DATE LYNN LEE ALLISON RESIDUE ~ ~ R.~ ~ ~ ~ T~ C~ ~ 81RTH 0 7 17 19 6 9 )~.8 Roxbury Road, Shippensburg, Cu~erland C~. PA o~ ~F~ "u..~ ~ ~Pennsylvania ~ ~ " o ~AIDEN NAM~ (~t) (M~le) ~. S S N: 195 - 62 - 6913 ~ s~ c~ao~r~u~ ALLISON ~ ~ 04 22 197'3 )~ ~~9~-[% Breakdown Goldberg, Katzman & Shipman. P C Paul J Espos~to, Esqmre - ID ~25454 Attorneys lbr Plaintiff 320 Mark¢l Street Post Office Box 1268 l[,u~ isburg, PA 171[)8-1268 LYNN LEE ALLISON, Plaintiff BILLIE JO ALLISON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF DAUPHIN ) Personally appeared before me, a Notary Public, in and for said Commonwealth and County, PAUL J. ESPOSITO, ESQUIRE, who being duly sworn according to law deposes and says that on October 12, 2001, he sent a certified copy of a Complaint in Divorce by certified mail, return receipt requested, restricted delivery, to Billie Jo Allison, 318 Roxbury Road, Shippensburg, PA 17257-1008, and the return receipt card signed by Billie Jo Allison and shown as being delivered October 20, 2001, is attached hereto and made a part_ hereof PA~UIRE Sworn to and subscribed betbre me this _e~_ _r~ day of October, 2001. 0~t~ot a~ P-ubli~c My Commission Expires: I - NOTA~SF-'AI' ~ L ~R, NOTARY PtJgL~ HARRISBUR[ DAUPHIN COUN~ &tlr CO~iSSION ~P~R~ JAN. r ITt --'~ I,~ame(PJea~P#ntCleaHY)(to,becorn~leteclbym~iler~[ ~)~ }~.:** I · i ~ and 3. Atio ceml~ete IN THE COURT OF COMMON PLEAS OF'. CUMBERLAND COUNTY, PENNSYLVANIA Lynn LeeAllison Plaintiff V. Billie Jo Allison Defendant No. 01 - 58D1 CW~ ACTION - LAW IN DIVORCB NOTICE OF ELECTION TO RETAKE FORMF~R NAMe. CIVIL TERM Notice is hereby given that the Plaintiff in the above captioned Divorce Action, hereby elects to retake and hereafter use her previous name of ? ~ ~2)C-{- This election is made pursuant to the provisions of 54 P.S. 704.' Signature (ma'/ed name) Signature (fo:m~ name) Commonwealth of Pennsylvania · County of Ctunberland · ss: On the--~.~-~-~ dayof ~C~ , 200~ before a Notary Public. Personally appeared ~ known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have here~to set my hand and/fotarial/~al. ~ -- -I Notary l~b]ic - No. iai S~ I Bridget Ann Corcoran, Notary Public C. arlial¢ Bom, Cumberland Coun~ My Commi~ion Expir~ lun~ 10. 2006 PS. UA g / between LYNN LEE ALLISON, (hereinafter referred to as "Husband") and BILLIE JO ALLISON, (hereinafter referred to as 'Wife"). WITNES~qETH; WHEREAS, the parties hereto are Husband and Wife, having been married on June 27, 1998, at Huntingdon County, Pennsylvania;. and WHEREAS, the parties separated in February, 2001; and WHEREAS, no children have been born to the marriage; and WHEREAS, certain differences, disputes and difficulties have arisen between the parties as a result of which they intend to live separate and apart for the rest of their natural lives, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification, the settling, of all claims between them relating to the ownership and equitable distribution of their real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW, TItEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound and to legally bind their heirs, successors and assigns hereby covenant, promise and agree as follows: 1. SEPARATION Husband and Wife shall at all times have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or' interference whatsoever by the other, subject to the further provisions of this Agreement. 2. HUSBAND'S DEBT~ Husband represents and warrants to Wife that he has not and, in the future, will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 3. WIFEtS DEBTg Wife represents and warrants to Husband that she has not and, in the future, will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. OUTSTANDING JOINT DEBTS Husband and Wife acknowledge and agree that they have no outstanding debts and obligations which were jointly incurred by them during their marriage. 5. LIABILITY NOT I,IST~D Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, for which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred, or may hereinafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 6. DIVISION OF PERSONAL PROPERTY The parties agree that they have divided their separate and marital personal property, including but not limited to furniture, household furnishings, financial accounts and motor vehicles to their mutual satisfaction. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. 7. AFTER-ACOUIR~D PROPF~RTY The parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, real, personal or mixed, tangible or intangible, which are or were acquired by him or her after the parties' date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 8. RETIREMENT BE~FIT~ The parties hereby acknowledge that the marital estate includes Husband's interest under the Central Pennsylvania Building Trades Annuity Fund and Wife's interest in her Commonwealth of Pennsylvania Pension. Husband hereby specifically releases and relinquishes any and all right, title, claim or interest that he may have in and to Wife's Commonwealth of Pennsylvania Pension benefits, specifically to include, but not be limited to, a waiver of any spousal annuity benefits aud/or beneficiary designations thereunder. Husband agrees to execute any documents pursuant to the Retirement Equity Act or any similar Act that may be required from time to time to accomplish the purposes of this Paragraph. Wife hereby specifically releases and relinquishes any and all right, title, claim or interest that she may have in and to Husband's benefits under the Central Pennsylvania Building Trades Annuity Fund, specifically' to include, but not be limited to, a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. Wife agrees to execute any documents pursuant to the Retirement Equity Act or any similar Act that may be required from time to time to accomplish the purposes of this Paragraph. The parties acknowledge that they are aware of their respective rights to obtain an independent valuation of their respective interests in the Commonwealth of Pennsylvania Pension and Central Pennsylvania Building Trades Annuity Fund. However, in consideration of the various considerations set forth in this Agreement, the parties hereby forever waive and relinquish any right, title, interest or claim that either might otherwise have in and to the other's afore-mentioned retirement or pension interests, and the parties hereby waive their respective rights to have said pension or retirement benefits valued. 9. _ADVICE OF COUNSEl. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Hubert X. Gilroy, Esquire, and to Husband by his counsel, Paul J. Esposito, Esquire. Each party confirms that he or she fully understands 5 the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. 10. WAIVER OF AI.IMONY, ALIMONY PENDENTE LITEs AND SPOUSAL SUPPORT Husband and Wife hereby expressly waive, discharge and release any and' all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as Husband and Wife. The parties further release and waive any fights they may have to seek modification of the terms of this Paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for ail time of either parties' obligation to contribute to the support and maintenance of the other. 11. COUNSEL FF~F.S, COSTS AND EXPEN~qF~£ Each party shah be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of the marriage and the preparation and execution of this Agreement. 12. .WAIVER OF INI:IF~RITANCE RIGHT~ Unless otherwise specifically provided in this Agreement, as of the date of execution of this Agreement, Husband and Wife each waives ah fights of inheritance in the estate of the other, any fight to elect to take against the Will or any Trust of the other or in which the other has an interest and each of the parties hereby waives any additional rights which said party has or may have by reason of their man'iage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania or any other jurisdiction. 13. WAIVER OF BENEFICIARY D~SIGNATION As of the date of execution of this Agreement, unless otherwise specifically set forth herein, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of thc deceased party. Notwithstanding any continuing marital status between thc parties, 7 each shall sign whatever documents are necessary to enable the other to designate new beneficiaries for retirement plans, insurance policies and similar assets in order to conform with law. 14. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wff~ and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any clainh right, rifle or interest whatsoever hc or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceecLs in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Co) 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 party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, 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 and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in or as to any breach ofthis Agreement, 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 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 of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights ora surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this 9 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. (e) Husband and Wife acknowledge that Husband has instituted a no-fanlt action in divorce against Wife docketed to No. 01-5801 in the Court of Common Pleas of Cumberland County, Pennsylvania. Husband shall, promptly and without delay, proceed with the said divorce action, and the parties shall execute all documents necessary to conclude the divorce immediately upon presentation of same. 15. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 16. MODIFICATION No modification, rescission or amendment to this Agreement shall be effective unless in writing and signed by each of the parties hereto. l0 17. WAIVER OF BREACH The waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any other breach of any provision of this Agreement. 18. APPLICABLE LAW All acts contemplated by this Agreement shah be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 19. .SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining pro'~sions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 20. .,AGREEMENT BINDING ON PARTIES AND IIFJR~ This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors. 21. HEADINGS NOT PART OF AGREElVlENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shah not constitute a part of this Agreement, nor shah they affect its meaning, construction or effect. 22. ENTIRE AGRF~MI~NT Each party acknowledges that he or she has carefully read this Agreement; that he or she has had ample opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it freely and voluntarily. The parties further acknowledge and confirm that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements; and that this instniment expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and ail prior agreements between the parties. This Agreement shall be interpreted fairly and simply, and not strictly for or against either of the parties. 23. MUTUAL COOPERATION Each party shaH, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations and other documents, and shaH do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party.' shaH pay to the other party aH attorney's fees, costs, and other expenses actually incurred, as a result of such failure. 24. BREACH If either party hereto breaches any provision hereof~ the other party shaH have the right, at his or her election, to sue for damages for such breach, or seek such other 12 remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party aH costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 25. DATE OF EXECUTION The "date of execution" or"execution date" of this Agreement shaH be defined as thc date upon which the parties signed the Agreement if they did so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 26. EFFECTIVE DATF~ This Agreement shaH become effective and binding upon both parties on the execution date. 27. EFFECT OF RECONCILIATION, COHABITATION OP This Agreement shaH remain in full force and effect and shaH not be abrogated even ff the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shaH continue in fuI! force and effect in the event of the parties' divorce. There shaH be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: LYNN LEE ALLISON - Husband BILLIE JO AllISON- ~e STATE OF PENNSYLVANIA · cou ¥ov · SS.' On this, thet~,('~-..~ day of ~~, 2003, before me, the undersigned officer, personally appeared LYNN LEE ALLISON, 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 pm'poses therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. STATE OF PENNSYLVANIA · On this, the (~*'day SS: 5J'r ~ Notarial Seat ~ ~..Jennifer L. Boltz. Notary Public I .?it~ of Harrisburg, Dauphin County ~m~ 2003, before me, the undersigned officer, personally appeared BILLIE JO ALLISON, 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. ] Bridge! Ann Corcoran, Notary Public / M..Ca~hsle .Bom, Cumberland County · y ~ormmssion Expires June 10, 2006J M..~r.~er. Pennsylvania Associaliorl of Notaries "'~--'q Nota~-Public ' ~ 91132.1 OOLDB~G. KATZMAN & IH"IIPMAN, P.C. 320 Maflcet Sheet, p.o. Box 1268 Harfislm~ PA 17108-1268 Attome~ for plaimifl' LYNN LEE ALLISON, IN THE COURT OF COMMON PLEAS Plaintiff Vo BILLIE JO ALLISON, Defendant CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 01-$801 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on October 1, 2001. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety days have elapsed fi.om the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce atter service of notice of intention to request entry of the decree. 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. LYNN LEE ALLISON 91142.1 320 Market $~eet, P.O. Box 1268 Hnn'isbu~, PA ^ttomeys f~ Plaint~ LYNN LEE ALLISON, IN THE COURT OF COMMON PLEAS Plaintiff Vo BILL1E JO ALLISON, Defendant CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 01-58 ~! IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301¢c) OF TI-W. 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 herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: ~ -////- , 2003 LEE ALLISON 91143.1 GOLDB~RG, N. ATZ~AN & 3HIPMAN. p.C. Hsnisbu~ pA 17108-1268 At~ne~ for Pls~nfiff LYNN LEE ALLISON, IN THE COURT OF COMMON PLEAS Plaintiff Vo BILLIE JO ALLISON, Defendant CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 01 5~°1 IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on October 1, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling. I understand that the Court maintains a list of marriage counselors, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I to participate in counseling prior to a divorce being handed down by the Court. 5. I acknowledge that I received a copy of the Complaint in Divorce on or about October 20, 2001, by certified mail, restricted delivery, return receipt requested. 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. Date: ~ 2003 . BILLIE JO ALLIS0~IK/ 91144.1 Supreme Court ID ~e1~454 ~20 ~ Street, P.O. Bax 1268 ~ PA 17108-12~ Attcrne~ £cr Plainfi~ LYNN LEE ALLISON, IN THE COURT OF COMMON PLEAS Plaintiff Vo BILL1E JO ALLISON, Defendant CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 01-5~ / IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ,glff_~CTION 3301(c) OF ~ DIVORCE CODF, 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 herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ,2003 BILLIE JO AfiLISON 91145.1 LYNN LEE ALLISON, Plaintiff BILLIE JO ALLISON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 01-581~1 IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Code. Ground for divorce: irretrievable breakdown under § 330 l(c) of the Divorce 2. Date and manner of service of the Complaint: Certified Mail, Restricted Delivery, Return Receipt Requested, 3. (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiffon February 11,200~; by Defendant on _February 27 2003. (b)(1) Date of execution of the Affidavit required by § 3301 (d) of the Divorce Code: (2) Date of filing and service of Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: None. 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: 91151.1 Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: March 10, 2003. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: March 3. 2003. Attorney fo~l~ff iN THE COURT OF COMMON LYNN LEE ALLISON VERSUS BILLIE JO ALLISON OF CUMBERLAND COUNTY STATE OF ~ PENNA. PLEAS No. Ol IN DIVORCE 5801 DECREE IN DIVORCE AND NOW,~ , .~, IT iS ORDERED AND DECREED THAT LYNN LE~ ALLISON , PLAINTIff, AND BTT.LIE JO ATiT.ISON , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; NONE. AND IT IS FURTHER ORDERED AND DECREED, that the terms, provisions and conditions of a Certain Separation and Property Settlement Agreem_~_nt between the parties dated February 11 , 2003, are hereby incorporated in this Decree: reference as fully as though the same were set forth herein at length. Said Agreement not merge ~rith, but shall survive this Decree. BY THE COl f~OTHONOTARY