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HomeMy WebLinkAbout00-06114IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF #JQjPENNA. E. BISHOP I i Plaintiff VERSUS LAURIE H. BISHOP, Defendant No. 00-6114 CIVIL TERM DECREE IN DIVORCE AND NOW, DeeG( --j-l ?, r 21 2000 , IT IS ORDERED AND DECREED THAT MARK E. BISHOP PLAINTIFF, AND LAURIE H_ BT HO 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. The Post-Nuptial Agreement dated December 12, 2000 is hereby incorporated but not merged into this Decree. p is-ai.ao R PRAECIPE TO TRANSMIT RECORD MARK E. BISHOP, V. LAURIE H. BISHOP, Defendant TO: Prothonotary of Cumberland County: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6114 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: by certified mail, restricted delivery on Defendant on September 8, 2000 (see Affidavit of Service filed herein). 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: December 12, 2000; by the Defendant: December 12, 2000. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: December 12, 2000; by the Defendant: December 12, 2000. 5. Related pending claims: None. SNELBAKER, BRENNEMAN & SPARE, P.. C. LAW OFFICES SNELSAKER. BRENNEMAN & SPARE Date: December 14, 2000 By: t i _ Attom s for Plaintiff n c1 z, .f ,0,fi - 6 /fir POST-NUPTIAL AGREEMENT THIS AGREEMENT made and entered into this day of (OaA R LAP, 2000 by and between: MARK E. BISHOP of 890 Walnut Bottom Road, Carlisle, Pennsylvania, parry of the first part, hereinafter called "Husband", AND LAURIE H. BISHOP of 890 Walnut Bottom Road, Carlisle, Pennsylvania, parry of the second part, hereinafter called "Wife" ,- WITNESSETH: WHEREAS, Husband and Wife were married to each other on September 6, 1997 in Cumberland County, Pennsylvania; and WHEREAS, during their marriage the parties accumulated various assets and property which is more fully itemized and identified in a certain list or schedule attached hereto marked "Exhibit A" and incorporated herein by reference thereto; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they have separated and now live separate and apart from each other; and WHEREAS, on or about September 6, 2000, Husband commenced an action in divorce LAW OFFICES SNELBAKER. BRENNEMAN & SPARE docketed at No. 2000-6114 in the Court of Common Pleas of Cumberland County, Pennsylvania (hereinafter called "Divorce Action"). The Complaint in the Divorce Action was served upon Wife on September 8, 2000 via certified mail; and WHEREAS, Husband is represented by Philip H. Spare, Esquire of the firm of Snelbaker, Brenneman & Spare, P. C. and Wife is represented by Samuel L. Andes, Esquire; and WHEREAS, the parties having a full opportunity to be advised of their respective rights, duties and obligations arising out of the marriage and each having a full opportunity to investigate and evaluate the assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each parry hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety 2. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION.. The parties agree that the items of property set forth in "Exhibit A" are all of the assets which they acquired during their marriage and which would be the subject of equitable distribution if submitted to a court for division under the provisions of the Pennsylvania Divorce Code. The parties declare and agree that they are familiar with said assets and hereby waive the evaluation thereof, although each party declares that sheltie has had full opportunity obtain such evaluation. 3. DIVISION OF ASSETS. Upon execution of this Agreement, or as otherwise set LAW OFFICES SNELBAKER, BRENNEMAN & SPARE forth hereinbelow, the parties agree to divide, allocate, retain and/or transfer the assets shown on "Exhibit A" as follows (the items numbers refer to the corresponding numbers on "Exhibit -2- A" A. ASSETS TO HUSBAND Husband's interests acquired during the marriage and increase in value, if any, prior to the date of final separation, in pension and retirement benefits from his current employer and former employers, including but not limited to his SAR/SEP Account No. 61324679 with The American Funds Group, Jefferson Pilot Securities with a total (marital and Non-marital) balance of $24,324.55 as of September 29, 2000; 2. Husband's interests acquired during the marriage and increase in value, if any, prior to the date of final separation, in M & K Properties, Genie Trucking Company and Genie Trucking Brokerage Line; Contributions made during the marriage and increase in value, if any, prior to the date of final separation, in Husband's stocks, mutual funds and other investments, including but not limited to his Fahnestock & Co., Inc. Individual Retirement Account Number A87-0970223-A21, which was transferred to Tucker Anthony Retirement Account No. DSA-807303-57, less the $15,000 transfer to Wife set forth below; 4. Increase in value prior to the date of final separation, in Husband's home known and numbered as 890 Walnut Bottom Road, Carlisle, Pennsylvania. 5. Furniture, household goods, and any other tangible personal property currently in Husband's possession. 8. Bank accounts or deposits in other financial institutions in the name of Husband. B. ASSETS TO WIFE 3. Transfer of fifteen thousand dollars ($15,000.00) in Husband's Tucker Anthony Retirement Account No. DSA-807303-57, valued as of the date of this Agreement. Husband shall direct such transfer immediately upon Wife's execution of an Affidavit of Consent and Waiver of Notice 90 days from date of service of the Complaint in the Divorce Action. Said transfer shall occur as soon !as administratively feasible. This is intended to be a non-taxable transfer S w OFFI ER. of a spouse's interest in an Individual Retirement Account pursuant to the BRENNEMAN applicable sections of the Internal Revenue Code. & SPARE -3- 6. Wife's interests acquired during the marriage and increase in value, if any, in pension and retirement benefits from her current employer and former employers; Furniture, household goods, and any other tangible personal property currently in Wife's possession. 8. Bank accounts or deposits in other financial institutions in the name of Wife. Payment of fifteen thousand dollars ($15,000.00) from Husband to Wife upon execution of an Affidavit of Consent and Waiver of Notice 90 days from date of service of the Complaint in the Divorce Action. (no corresponding number on Exhibit A). This amount is being funded by Husband through a refinancing and/or a home equity loan on the known and numbered as 890 Walnut Bottom Road, Carlisle, Pennsylvania. 4. MARITAL DEBT. Parties acknowledge and agree that there is no outstanding marital debt at the time of this Agreement. 5. FUTURE OBLIGATIONS. The parties agree that any and all obligations incurred subsequent to the date of this Agreement, shall be the sole and separate liability and responsibility of the party incurring the obligation and each party agrees that he/she will not incur or attempt to incur any obligations for or on behalf of the other parry and will indemnify and hold harmless the other party of and from any and all liability arising from such future obligation. 6. RELEASE OF RIGHTS UNDER DIVORCE CODE. Except only as specifically "W OFFJC $ SNELBAKER. BRENNEMAN & SPARE provided to the contrary hereinabove in this Agreement, each parry hereby waives and forever releases the other party of and from any and all claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution -4- of marital property, counsel fees, costs and expenses, except that the performance of any obligations created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 7. INDIVIDUAL PROPERTY. Except only as may be provided specifically to the contrary hereinabove, each party shall retain all property, real, personal and otherwise, which is presently titled in his or her name and ownership, whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and each party hereby expressly releases the other of and from any and all right of equitable distribution in and to said individually owned property of such other party. 8. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the LAW OFFICES SNELSAKER. BRENNEMAN & SPARE estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. This Agreement shall not be construed to affect or bar the right of either party to an action for the enforcement or performance of this Agreement which may be instituted pursuant to the remedies available under the Pennsylvania Divorce Code. 9. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post- -5- Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either parry, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 10. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post-Nuptial Agreement. 11. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective attorneys. Each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 12. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or LAW OFFICES undertakings other than those expressly set forth herein. The parties acknowledge and agree SNELEAKER. BRENNEMAN & SPARE that the provisions of this Agreement with respect to the distribution and division of marital and -6- separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division or property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 13. WAIVER. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. 14. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 15. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. 16. BREACH. It is expressly stipulated that if either party fails in the due performance LAW OFFICES SNELBAKER, BRENNEMAN & SPARE of any of his or her material obligations under this Agreement, the other parry shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance or to seek any other legal remedies as may be available, and the defaulting party -7- shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 17. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, 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. 18. COUNSEL FEES, COSTS AND EXPENSES. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 19. INDEMNIFICATION. Each party represents and warrants to the other that he or LAW OFFICES SNELBAKER. BRENNEMAN & SPARE she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well- founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the -8- other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 20. MODIFICATION. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 21. SEVEkABILITY. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 22. COOPERATION. The parties hereto shall from time to time, cooperate with one another and execute, acknowledge and deliver any and all further documents or instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 23. DIVORCE BY MUTUAL CONSENT. The parties agree and acknowledge that LAW OFFICES SNELBAKER, BRENNEMAN & SPARE their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa. C. S. Section 3301(c). Accordingly, the parties have executed and will timely file with the Court such consents, affidavits, waivers of notice and/or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to 23 Pa.C.S. Section 3301(c). 24. EXCLUSIVE POSSESSION OF 890 WALNUT BOTTOM ROAD. Husband shall enjoy exclusive possession of his home known and numbered as 890 Walnut Bottom Road -9- beginning December 17, 2000. In the event Wife has not vacated the premises by December 17, 2000 she shall pay rent to Husband in the amount of $1,000.00 per month pro-rated on a daily basis. hi addition, Husband shall retain all rights and remedies as owner of the property. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals LAW OFFICES SNELBAKER, BRENNEMAN & SPARE the day and year first above written intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: -10- -6 tl,cJi `s w (SEAL) Laurie H. Bishop MARK E. BISHOP AND LAURIE H. BISHOP EXHIBIT A (Page 1 of 1) Husband's interests acquired during the marriage and increase in value, if any, prior to the date of final separation, in pension and retirement benefits from his current employer and former employers, including but not limited to his SAR/SEP Account No. 61324679 with The American Funds Group, Jefferson Pilot Securities with a total (marital and non-marital) balance of $24,324.55 as of September 29, 2000; 2. Husband's interests acquired during the marriage and increase in value, if any, prior to the date of final separation, in M & K Properties, Genie Trucking Company and Genie Trucking Brokerage Line; Contributions made during the marriage and increase in value, if any, prior to the date of final separation, in Husband's stocks, mutual funds and other investments, including but not limited to his Fahnestock & Co., Inc. Individual Retirement Account Number A87-0970223-A21, which was transferred to Tucker Anthony Retirement Account No. DSA-807303-57 with a total (marital and non-marital) balance of $90, 366.99 as of October 31, 2000; 4. Increase in value prior to the date of final separation, in Husband's home known and numbered as 890 Walnut Bottom Road, Carlisle, Pennsylvania; 5. Furniture, household goods, and any other tangible personal property currently in Husband's possession; 6. Wife's interests acquired during the marriage and increase in value, if any, in pension and retirement benefits from her current employer and former employers; 7. Furniture, household goods, and any other tangible personal property currently in Wife's possession; 8. Bank accounts or deposits in other financial institutions in the respective names of Husband or Wife. LAW OFFICES $NELBAKER. BRENNEMAN & OPARE O c t. %.=? - ?i r'', ?? _ _i ; .C_J '?7 ._. ?. _ -`? ' : G:3. _ .C' ?. ? , ` ;; ! rn ? ? ? en ? MARK E. BISHOP, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA LAURIE H. BISHOP, Defendant NO.CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE 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 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 marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. 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 sessions are to be borne by you and your spouse. 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P.C. LAW OFFICES SNELOAKER, BRENNEMAN ? SPARE By. Attor eys for intiff MARK E. BISHOP, Plaintiff V. LAURIE H. BISHOP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OP- G /IV CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff MARK E. BISHOP is an adult individual residing at 890 Walnut Bottom Road, Carlisle, Pennsylvania 17013. 2. Defendant LAURIE H. BISHOP is an adult individual residing at 890 Walnut Bottom Road, Carlisle, Pennsylvania 17013. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on September 6, 1997 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties LAW OFFICES SNELSAKER, BRENNEMAN & SPARE hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. 6. Neither party is a member of the armed forces of the United States of America. 7. The marriage is irretrievably broken. 8. The 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. 9. The Plaintiff requests this Court to enter a decree of divorce. WHEREFORE, Mark E. Bishop requests this Court to enter a Decree of Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and Defendant. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 included in this Complaint are incorporated herein by reference. 11. Plaintiff and Defendant have legally and beneficially acquired various property and assets since the date of their marriage on September 6, 1997. 12. Plaintiff and Defendant have not agreed to any equitable distribution of their property and assets. WHEREFORE, Plaintiff Mark E. Bishop requests this Court to order equitable distribution of the parties' marital property. WHEREFORE, the Plaintiff requests this Court to: (a) Enter a decree of divorce divorcing the Plaintiff from the bonds of matrimony; LAW OFFICES _ SNELEAKER. BRENNEMAN & SPARE (b) Order equitable distribution of marital property; (c) Order such other relief as this Court deems just and reasonable. SNELBAKER, BRENNEMAN & SPARE, P.C. By: Philip H. S e, Esqurre 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Mark E. Bishop Date: September 6, 2000. -3- LAW OFFICES SNELBAKER, BRENNEMAN & SPARE VERIFICATION I verify that the statements made in the foregoing Complaint 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. ---sue Mark E. Bishop Date: 2000. L W OFFICES SNELBAKER, BRENNEMAN & SPARE MARK E. BISHOP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-6114 CIVIL TERM LAURIE H. BISHOP, Defendant : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 6, 2000. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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 verify that the statements made in this Affidavit are true and correct. I understand LAW OPPIGE5 SNELBAKER. BRENNEMAN & SPARE that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating, to unworn falsification to authorities. Date: December 12, 2000 Marti . Bishop CS Ct ; ; Y Ti ? C-n MARK E. BISHOP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-6114 CIVIL TERM LAURIE H. BISHOP, Defendant : CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 6, 2000. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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 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 unworn falsification to authorities. / I /? 1 Date: ?al ???d t7 4' W?u 4 "9 666 Laurie H. Bishop LAW OFFICES SNELBAKER. BRVNNEMAN & SPARE Fri 75?f s= C? "? <31 MARK E. BISHOP, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-6114 CIVIL TERM Defendant : CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S 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 LAURIE H. BISHOP, 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. 4. 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 falsification to authorities. L W OFFICES SNELBAKER. ORENNEMAN & SPARE Date: December 12, 2000 Mark E. op 0 C_ L-J c:a Cl 'S `B' f F I S µ? SO €D, %r tU ? m .? x y C1S . A7 „` MARK E. BISHOP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-6114 CIVIL TERM LAURIE H. BISHOP, Defendant : CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S 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. 4. I verify that the statements made in this affidavit are true and correct. I understand L w OFFICES SNELBAKER. BRENNEMAN $ SPARE that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: Jo? f 1 Q Laurie H. Bishop C „ cfl MARK E. BISHOP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-6114 CIVIL TERM CIVIL ACTION - LAW LAURIE H. BISHOP, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND SS. Philip H. Spare, Esquire, being duly sworn according to law deposes and says: that he is LAW OFFICES SNELBAKER. BRENNEMAN & SPARE a principal in the law firm of Snelbaker, Brenneman & Spare, P. C., being the attorneys for Mark E. Bishop, Plaintiff in the above captioned action in divorce; that on September 6, 2000, he did send to Defendant Laurie H. Bishop by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter dated September 6, 2000 and Receipt for Certified Mail No. 7099 3400 0004 5009 7612; that both the Complaint and cover letter were duly received by Laurie H. Bishop, the Defendant herein, as evidenced by the return receipt card for said certified mail dated September 8, 2000; that a copy of the aforementioned cover letter dated September 6, 2000 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true 2 K 5 .i=- 1 rr, Y a and correct to the best of his knowledge, information and belief. Plu ip H. Spare Sworn to and subscribed before me this 14'h day of December, 2000. Notary Public 6. rY Pubft # My0ns N s4 may of LAW OFFICES SNELBAKER, BR&NNEMAN & SPARE -2' SNELBAKER, BRENNEMAN & SPARE A PROFMIONAL CORPORATION ATTORNEYS AT LAW RICHARD C. SNELBAKER KEITH O. BRENNEMAN PHILIP H. SPARE 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 717-697-8528 September 6, 2000 Laurie H. Bishop 890 Walnut Bottom Road Carlisle, PA 17013 Dear Ms. Bishop: R O. BOX 318 FACSIMILE (717) 697-7681 Enclosed for service upon you is a certified, true and correct copy of a Divorce Complaint filed on behalf of Mark E. Bishop. Please be guided accordingly. Very truly yours, Philip H. Spare PHS/sz Enclosure CC: Mark E. Bishop (w/enclosure) EXHIBIT A ru r9 1 ... _111 r`, Laurie - H. Bishop B- O I 3 Postage $ SS c .n Certified Fee 1.4 0 Return Receipt Fee (Endorsement Required) 1.25 Pas m ?„ Fiem t? - ? - ResMoted Delivery Fee (EndorsementRaquiredl - 2.75 ? C3 Tote) Pastes. s Fees t ra rn Name (Please Pdnf Clearly) (fa be cnmpletetl py mailer) ' '-------?'a i° -Bl -hQp--- ------- v B_' , rtof. No.;,PD Box No. -------•---------------- ' _BQt_t9m City Sfate ZJP+9 --ROa r 1 , LAW OFFICES SNELBAKER, BRENNEMAN. & SPARE f - lplete items 1, 2, and 3. Also complete - eceived by (Please PM nt c le ly) B. _ - `,f D - iteml4 if Restricted Delivery is desired. , n ? , ' f t - ¦ Print your name and address on the reverse " Signat - so that we can return the card to you. 11 Agent • Mildch this card to the back of the mailpiece, X or an the front if space permits. Add e D. Is delivery address different vm item 1? Yes - 1. Aflible Addresser to: If YES, enter delivery address below: ? No - brie H,. Bishop - 00 Walnut Bottom Road Carlisle, PA 17013 3. Service Type $Wertified Mail O Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? Pam Fee) Yes 2. Article Number (Copy from service label) ,/? • , ", ,n,?_ / ?,.,A^ y PS FOrM . 41, Awry 1 99 Domestic Return Receipt 162595-9e•M t EXHIBIT B "" tu7 --.a } t? F-, ,v i ?y it IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs File No. ©' ?O \, \ y 1 L -TG P-4'1 IN DIVORCE LjAu(L ? G V\, &,S+A0 P Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the PlaintiffI defendant in the above matter, (select one by marlong "x" prior to the entry of a Final Decree in Divorce, or )( after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of ?r'A N L \-- , and gives this written notice avowing his I her intention purs to the provisions of 54 P.S. 704. Date: 6A W'A N\,, p6Dcj Signature ??- ?'v 1? Signature of name being resumed COMMONWEALTH OF P SYLVANIA ) COUNTY OF On the I ak day of M a re- , 200 ? before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. ' otary Public s NOTARIAL SEAL CARLISLE E MY CO E2PIF{ES x:2010 4 CT fi n C ilk, .s ? ?4 ?