HomeMy WebLinkAbout00-05440
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DECREE IN
DIVORCE
AND NOW,.......... '1.ehY~. .-:<(r~..., xK9 .ZOOL it is ordered and
decreed that ...)',!J!H~l!.~: ))<;IV~.................................., plaintiff,
and. . Christy. L... Paul. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 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;
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None.
All other claims have been resolved pursuant to a Matrimonial
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MATRIMONIAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this --..1!!L day of F"et,f?UA?Y 2tJ({!
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2000, by and James E. Paul, of Mechanicsburg, Cumberland County, Pennsylvania
("Husband"), and Cristy L. Paul, of Mechanicsburg, Cumberland County, Pennsylvania
("Wife").
RECITALS
A. The parties hereto, being Husband and Wife, were lawfully married on
July 2, 1998.
B. Differences have arisen between Husband and Wife in consequence of
which they desire to be divorced.
C. Husband and Wife acknowledge that they both have consulted their
attorneys and have been advised by their attorneys of all of their rights and duties or have
had the opportunity to consult independent legal counsel and have willfully, knowingly and
voluntarily waived the right to consult an attorney.
NOW, THEREFORE, in consideration of the mutual promises, covenants
and undertaking herein contained, the parties, each INTENDING TO BE LEGALLY
BOUND, agree as follows:
1. Recitals. The Recitals set forth above are incorporated herein by reference.
2. Divorce. It is specifically understood and agreed by and between the
parties, and each party does hereby warrant and represent to the other that, as defined in
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the Divorce Code, their marriage is irretrievably broken. Husband has filed an action in
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the Court of Common Pleas, Cumberland County, Pennsylvania, Docket No. 00-5440.
The parties agree to take all legal steps (including the timely and prompt submission of all
documents and the taking of all actions) necessary to assure that a divorce pursuant to
23 Pa. C.S.A. ~ 3301 as amended of the Divorce Code is entered as soon as possible.
This Agreement and any ancillary or supplemental agreements shall be incorporated by
reference but not merged into the proposed Divorce Decree presented to the Court.
Husband and Wife shall at all times hereafter 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
each other. Neither party shall molest the other in any way whatsoever nor endeavor to
compel the other to cohabit or dwell with him or her by any legal or other proceedings.
The foregoing provision shall not be taken to be an admission on the part of either
Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living
apart.
3. Marital Property.
(a) Real Property. Husband and Wife are joint owners of real property,
and improvements 'situated thereon, located at 2 Zenu Road, Mechanicsburg,
Cumberland County, Pennsylvania. Husband hereby relinquishes all right, title and
interest in the real property. Husband agrees to execute all documents necessary to
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convey, transfer or encumber the real property as is reasonably required by Wife
including, but not limited to, deeds, mortgages or agreements of sale.
Wife agrees that she will immediately take all reasonable and necessary
actions to remove Husband from the deed as well as any mortgage and/or mortgage note
encumbering the Property. Wife agrees to take all such action within 30 days of the date
of this Agreement. Failure to do so will constitute a default under this Agreement.
Wife agrees that she is solely responsible for all mortgage payments, as
well as all utilities or other costs or assessments which arise after the date of this
Agreement. Wife hereby expressly agrees to indemnify, defend and hold harmless
Husband from any and all liability, direct or indirect, including attorney's fees and costs,
which may arise in connection with their obligation, joint or otherwise, for which she has
agreed hereunder to bear sole responsibility.
(b) Personal Prooertv. Husband and Wife acknowledge that they
currently have in their possession all of their separate and distinct personal property. All
other property, marital or non-marital, currently existing in the residence located at 2 Zenu
Road, Mechanicsburg, Cumberland County, Pennsylvania, shall be provided to Wife.
Husband hereby relinquishes all right, title and interest in all other marital and non-marital
personal property located at the marital residence.
(c) Retirement. Pension. 401-K Plan. Husband hereby relinquishes all
right, title and interest in Wife's retirement, pension and/or 401-K Plans, and Wife hereby
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relinquishes all right, title and interest in Husband's personal retirement, pension and/or
401-K Plans.
4. Debts and Obliaations.
(a) Individual debts/obliaations. Each of the parties shall assume all
debts and obligations presently in their individual names and shall indemnify, defend and
hold the other harmless from said debts and obligations, whether incurred prior to, during,
or subsequent to the marriage. This shall include all personal, individual credit cards and
personal individuallc>ans by either party except as otherwise set forth herein. Each party
hereby agrees, to pay and hereby agrees to hold the other harmless from any and all
personal debts and obligations incurred by him or her on or after the date of this
Agreement. If any claim, action or proceeding is hereafter brought seeking to hold the
other party liable on account of any such debts and obligations, such party will at his or
her sole expense defend the other party against any such claim, action or proceeding,
whether or not well-founded, and indemnify the other party against any loss resulting
therefrom.
(b) Joint debts/obliaations. Husband and Wife represent that there are
no'other joint debts or obligations other than those set forth in Paragraphs 3(a) and 4(a),
above.
Each party otherwise hereby expressly agrees to indemnify, defend and
hold harmless the other from any and all liability, direct or indirect, including attorneys'
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fees and costs, which may arise in connection with an obligation, joint or otherwise, for
which the party has agreed hereunder to bear sole or partial responsibility, or which the
party has failed to disclose and provide for herein.
5. Leaal Fees. The parties agree that they are solely responsible for their own
legal fees.
6. AutomobilesNehicles. Upon execution hereof, the parties agree that the
1995 Mitsubishi Eclipse automobile shall become the sole free and clear property of Wife.
Husband waives any right, title or interest he may have in and to said automobile and
shall promptly execute any title or transfer documents necessary to fulfill this provision.
The parties further agree that the 1986 Ford Van, 1998 Harley-Davidson
motorcycle and 1999 Yamaha YZ400, and any other vehicle, automobile or bike shall
become the sole free and clear property of Husband. Wife waives any right, title or
interests she may have in and to said vehicles and shall promptly execute any title or
transfer documents necessary to fulfill this provision.
7. Other WritinQs. Each of the parties hereto agrees to promptly execute any
and all documents, deeds, waivers, bills of sale, tax returns or other writings reasonably
necessary to carry out the intent of this Agreement.
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8. Further Debt.
(a) Wife shall not contract or incur any debt or liability for which Husband
or his property or estate might be responsible and shall indemnify and save harmless
Husband from any and all claims or demands, including attorneys' fees and costs, made
against him by reason of debts or obligations incurred by her.
(b) Husband shall not contract or incur any debt or liability for which Wife
or her property or estate might be responsible and shall indemnify and save harmless
Wife from any and all claims or demands, including attorneys' fees and costs, made
against her by reason of debts or obligations incurred by him.
9. Mutual Release. Except as otherwise provided herein and so long as this
Agreement is not cancelled by subsequent agreement, the parties hereby release and
discharge, absolutely and forever, each other from any and all rights, claims and
demands, past, present and future, specifically from the following: alimony pendente lite;
alimony; spousal support; division of property; claims or rights of dower and right to live in
the House; right to act as executor or administrator in the other's estate; rights as devisee
or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in
any life insurance policy of the other unle-ss specifically named othetwise or as required
herein; and any claim or right in the distributive share or intestate share of the other
party's estate, all unless specified to the contrary herein or in a subsequent writing signed
by the parties hereto.
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10. .' Tax Return. The parties shall file separate individual incorne tax returns
beginning with tax year 2000. Each party shall be solely liable for any tax liability from
that period forward and shall indemnify, defend and hold the other harmless from and
against any such liability.
11. Entire Aareement. This Agreement constitutes the entire understanding
between the parties, and there are no covenants, conditions, representations or
agreements, oral or written, of any nature whatsoever, other than those herein contained.
12. Leaallv Bindina. It is the intent of the parties hereto to be legally bound
hereby, and this Agreement shall bind the parties hereto and their respective heirs,
executors, administrators and assigns.
13. Full Disclosure. Each party asserts that she or he has fully and completely
disclosed all the real and personal property of whatsoever nature and wheresoever
located belonging in any way to each of them; of all debts and encumbrances incurred in
any manner whatsoever by each of them; of all sources and amounts of income received
or receivable by each party; and of every other fact relating in any way to the subject
matter of this Agreement. These disclosures are part of the consideration made by each
party for entering into this Agreement. Each party further represents and warrants that
there are no undisclosed debts or obligations for which the other party may be liable, and
each party shall indemnify and hold harmless the other party from any such liabilities,
including attorneys' fees and costs.
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14. Costs to Enforce. In the event that either party defaults in the performance
of any duties or obligations required by the terms of this Agreement, and legal
proceedings are commenced to enforce such duty or obligations, the party found to be in
default shall be liable for all expenses, including reasonable attorneys' fees, incurred as a
result of such proceedings.
15. AQreement Voluntary and Clearlv Understood. Each party to this
Agreement acknowledges and declares that he or she respectively:
(a) Is fully and completely informed as to the facts relating to the subject
matter of this Agreement and as to the rights and liabilities of both parties;
(b) Enters into this Agreement voluntarily after receiving the advice of
independent counselor, having been advised to consult independent counsel, has
knowingly and voluntarily chosen to forego such consultation;
(c) Has given careful and mature thought to the making of this
Agreement;
(d) Has carefully read each provision of this Agreement; and;
(e) Fully and completely understands each provision of this Agreement,
both as to the subject matter and legal effect.
16. Amendment or Modification. This Agreement may be amended or modified
only by a written instrument signed by both parties.
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17. Applicable Law. This Agreement shall be governed, construed and
enforced under the ,statute and case law of the Commonwealth of Pennsylvania.
18.
Spousal Support. In consideration of the terms hereof, Husband and Wife
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mutually agree to waive any claim either may have for alimony or spousal support except
as may otherwise be provided herein.
19. Counterparts. This Agreement may be executed in separate counterparts,
each counterpart deemed an original and when combined represents the legal binding
intent of the parties hereto.
20. Severabilitv. If any part of this Agreement is determined to be invalid by a
court of competent jurisdiction, such determination shall not invalidate the entire
document but shall apply only to that phrase, sentence, paragraph or section. The
remainder of the sentence, paragraph, section and Agreement shall continue in full force
and effect.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement
the day and year first above written:
WITNESS:
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HUSBAND:
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/James E. Paul
WIFE:
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CristY L',. Paul
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COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF CUMBERLAND
II/!;, j 200/
On this, the "1iff/ day of Fet3R vA,e 7 , 2eOO, a Notary
Public, the undersigned officer, personally appeared Cristy L. Paul, 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 herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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NOTARIAl SEAL
DAVID E. WAHL JR., Noltlry Public
Hallisburg, Dauphin County
My Commlssfon ExplIllS Feb. 17, 2tlO4 .
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 5440-00
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JAMES E. PAUL,
v.
CRISTY L. PAUL,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
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PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information to the court for entry of a
divorce decree:
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1.
Ground for divorce:
Irretrievable breakdown under 93301 (c) of the Divorce Code
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2. Date and manner of service of the complaint:
Certified mail (receipt attached) on August 11, 2000
3. Date of execution of the affidavit of consent required by 93301 (c) of the Divorce
Code: by plaintiff February 15, 2001; by defendant February 4, 2001
4. Related claims pending:
None. All related claims resolved pursuant to Matrimonial Settlement
Agreement, dated February 4, 2001, attached hereto.
5. Date of plaintiff's Waiver of Notice in 93301 (c) Divorce was filed with
the Prothonotary: Filed herewith
Date defendant's Waiver of Notice in 93301 (c) Divorce was filed with the
Prothonotary: Filed herewith
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Mark K. Emery
Supreme Court I.D. #72787
5115 East Trindle Road
Mechanicsburg, PA 17050
(717) 691-5400
Attorney for Plaintiff
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: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 00 -S4l./O GUlt c I~
: CIVIL ACTION - LAW
: IN DIVORCE
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JAMES E. PAUL,
v.
CRISTY L. PAUL,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
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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 claim of 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 grounds for the divorce is indignities or irretrievable breakdown
of the marriage, you may request marriage counseling. A list of marriage counselors is
available at the Cumberland County Bar Association, 2 Liberty Avenue, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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
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JAMES E. PAUL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
DOCKET NO. (}'(J. 5'1'1/)
CRISTY L. PAUL,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN NAMED DEFENDANT:
You have been named as the Defendant in a divorce proceeding filed in the
Court of Common Pleas of Cumberland County, Pennsylvania. This notice is to advise
you that in accordance with Section 3302(d) of the Divorce Code, as amended, you may
request that the Court require you and your spouse to attend marriage counseling prior to
a Divorce Decree being handed down by the Court. A list of professional marriage
counselors is available at the Office of the Prothonotary, Cumberland County Courthouse,
Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and
you are not bound to choose a counselor from the list. All necessary arrangements and
the cost of counseling services are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for
counseling within twenty (20) days of the date on which you receive this Notice. Failure
to do so will constitute a waiver of your right to request counseling.
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JAMES E. PAUL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 01> - ::;-If'fb ~ I t,.v-
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CRISTY L. PAUL,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT
COUNT I. Divorce 23 Pa.C.S.A. S3301(c)
1. Plaintiff James E. Paul, is an adult individual residing at 2 Zenu Road,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant Cristy L. Paul, is an adult individual residing at 2 Zenu Road,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania and have resided therein for a period in excess of six (6)
,months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on July 2, 1998 in Cumberland
County, Pennsylvania.
5. Plaintiff avers that the ground upon which this action is based is that the
marriage is irretrievably broken.
6. There have been no prior actions of divorce between the parties in this
or any other jurisdiction.
7. The Defendant is not a member of the Armed Services of the United
States of America.
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8. The marriage is irretrievably broken.
9. Plaintiff has been advised that counseling is available and that Plaintiff
may have the right to request that the court require the parties to participate in
counseling.
10. Plaintiff avers that there are no children born of this marriage.
WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree
of Divorce.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
By: _~~.-----
Mark K. Emery
Supreme Court I.D. #72787
5115 East Trindle Road
Mechanicsburg, PA 17050
(717) 691-5400
Attorney for Plaintiff
DATED: August 2, 2000
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VERIFICATION
I, James E. Paul, have read the foregoing Complaint and hereby certify that
the facts set forth are true and correct to the best of my knowledge, information and
belief. This statement is made subject to the penalties of 18 Pa. Const. Stat. Ann. 94904
relating to unsworn falsification to authorities.
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~mes E. Paul
DATED:
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CERTIFICATE OF SERVICE
AND NOW, this 3 day of A~<-j ,2000, I, Mark K. Emery, hereby certify
that I have served the foregoing Complaint in Divorce by mailing a true and correct copy
by United States first class mail, certified mail return receipt requested, postage prepaid,
addressed as follows:
Cristy L. Paul
2 Zenu Road
Mechanicsburg, PA 17055
FENSTERMACHER AND ASSOCIATES, P.C.
By:
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JAMES E. PAUL,
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 5440-00
v.
CRISTY L. PAUL,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT AND
WAIVER OF COUNSELING
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code
was filed on August 4, 2000.
2. The marriage of the Plaintiff and Defendant is irretrievably broken,
and ninety (90) days have elapsed from the date of both 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 have been advised of the availability of marriage counseling, and
understand that I may request that the Court require that my spouse and I participate in
counseling. I further understand that the Court maintains a list of marriage counselors
in the Prothonotary's Office, which list is available to me upon request. Being so
advised, I do not request that the Court require that my spouse and I participate in
counseling prior to a divorce decree being handed down by the Court.
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I verify that the statements made in this Affidavit are true and correct. I
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DATE: d-/I)_ol
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DOCKET NO. 5440-00
CRISTY L. PAUL,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE 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.
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understand that false statements herein are made subject to the penalties of 18 Pa.
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DOCKET NO. 5440-00
v.
CRISTY L. PAUL,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT AND
WAIVER OF COUNSELING
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code
was filed on August 4, 2000.
2. The marriage of the Plaintiff and Defendant is irretrievably broken,
and ninety (90) days have elapsed from the date of both the filing and service of the
Complaint.
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DOCKET NO. 5440-00
v.
CRISTY L. PAUL,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE 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.
understand that false statements herein are made subject to the penalties of 18 Pa.
C.SA Section 4904, relating to unsworn falsification to authorities.
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