HomeMy WebLinkAbout00-07873
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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PENNA.
STATE OF
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,
PHYLLIS J. SMITH
No.
00-7873 Civil Term
Plaintiff
VERSUS
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,
KENNETH W. SMITH,
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Defendant
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DECREE IN
DIVORCE
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, ~/, IT IS ORDERED AND
AND NOW,
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DECREED THAT
, PLAINTIFF,
l'HYr,r.TS .r. SMTTH
AND
KENNETH W. SMITH
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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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
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This Agreement of August 29, 2001 is hereby incorporated into the
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Final Divorce Decree.
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By
ATTEST:
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AGREEMENT
THIS AGREEMENT, made thiS:?! day of ~- , 2001
by and between KENNETH W. SMITH of York County, Pennsylvania
(hereinafter referred to as HUSBAND), and PHYLLIS J. SMITH
of Cumberland County , Pennsylvania (hereinafter referred to as
WIFE) ,
WHEREAS, HUSBAND and WIFE were lawfully married on
July 20, 1990 in Dauphin County, Pennsylvania, and;
WHEREAS, no children born of this marriage, to wit:
WHEREAS,
diverse, unhappy differences, disputes and
difficulties have arisen between the parties and it is the
intention of WIFE and HUSBAND to live separate and apart for the
rest of their natural lives, and the parties hereto 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 matters between
them relating to the ownership and equitable distribution of real
and personal property; settling of all matters between them
relating to the past, present and future support, and alimony; and
in general, the settling of any and all claims by one against the
other or against their respective estates.
NOW, THEREFORE, in consideration the premises and of the
mutual promises, covenants and undertakings hereinafter set forth
hereby acknowledged by each of the parties hereto, WIFE and
HUSBAND, each intending to be legally bound, hereby covenant and
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agree as follows:
1. SEPARATION: It shall be lawful for each party at all
times hereafter to live separate and apart from the other party at
such place as he or she may from time to time chose or deem fit.
The foregoing provisions shall not be taken as an admission on the
part of either party of the lawfulness or unlawfulness of the
causes leading to their living apart.
2. INTERFERENCE: Each party shall be free from
interference, authority, and contact by the other, as fully as if
he or she were single and unmarried, except as may be necessary to
carry out the provisions of this Agreement. Neither party shall
molest the other or attempt to endeavor to molest the other, nor
compel the other to cohabit with the other, or in any way harass
or malign the other, nor in any way interfere with their peaceful
existence, separate and apart
3. SUBSEQUENT DIVORCE: The parties hereby acknowledge
that WIFE has filed a Complaint in Divorce in CUmberland County to
docket number 00-7873 claiming that the marriage is irretrievably
broken under the no-fault mutual consent provision of Section
3301 (cl of the Pennsylvania Divorce Code. HUSBAND hereby expresses
his agreement that the marriage is irretrievably broken and
expresses his intent to execute any and all affidavits or other
documents necessary for the parties to obtain an absolute divorce
pursuant to Section (cl of the Divorce Code at the same time as she
executes this agreement. The parties hereby waive all rights to
request Court-ordered counseling under the Divorce Code. It is
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further specifically understood and agreed by the parties that the
provisions of this Agreement as to equitable distribution of
property of the parties are accepted by each party as a final
settlement for all purposes whatsoever, as contemplated by the
Pennsylvania Divorce Code.
Should a decree, judgment or order of separation or
divorce be obtained by either of the parties in this or any other
state, country or jurisdiction, each of the parties hereby consents
and agrees that this Agreement and all of its covenants shall be
not affected in any way by any such separation or divorce; and that
nothing in any such decree, judgment, order or further modification
or revision thereof shall alter, amend or vary any terms of this
Agreement, whether or not either or both of the parties shall
remarry. It is specifically agreed, that a copy of this Agreement
or the substance of the provisions thereof, may be incorporated by
reference but not merged into any divorce, judgment or decree. It
is the specific intent of the parties to pe11mit this Agreement to
survive any judgment and. to be forever binding and conclusive upon
the parties.
4.
DATE OF EXECUTION:
The "date of execution" or
"execution date" of this agreement shall be defined as the date
upon which it is executed by the parties if they have each executed
the agreement on the same date. Otherwise the "date of execution"
or "execution date" of this agreement shall be defined as the date
of execution by the party last executing this agreement.
5. DISTRIBUTION DATE: The transfer of property, funds
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and/or documents provided for herein, shall only take place on the
"distribution date" which shall be defined as specified herein.
6 . MUTUAL RELEASE: HUSBAND and WIFE each do hereby
mutually remise, release, quitclaim and forever discharge the other
and the estate of such other, for all time to come, and for all
purposes whatsoever, of and from any and all rights, title and
interests, or claims in or against the property (including income
and gain from property hereafter accruing) of the other or against
the estate of such other, of whatever nature and wheresoever
situation, which he or she now has or at any time hereafter may
have against the other, the estate of such other or any part
thereof, whether arising out of any former acts, contracts,
engagements or liabilities of such other or by way of dower or
curtesy, or claims in the nature of dower or curtesy or 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 of a surviving spouse to
participate in a deceased spouse's estate, whether arising under
the laws of (a) Pennsylvania, (b) any State, Commonwealth or
territory of the United States, or (c) any country, or any rights
which either party may have or at any time hereafter shall have for
past, present or future support or maintenance, alimony, alimony
pendente lite, counsel fees, property division, costs or expenses,
whether arising as a result of the marital relations or otherwise,
except, all rights and agreements and obligations of whatsoever
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nature arising or which may arise under this Agreement or for the
breach of any provisions thereof. It is the intention of HUSBAND
and WIFE to give to each other by the execution of this Agreement
a full, complete and general release with respect to any and all
property of any kind or nature, real, personal or mixed, which the
other now owns or may hereafter acquire, except and only except all
rights and agreements and obligations of whatsoever nature arising
or which may arise under this Agreement or for the breach of any
provision thereof. It is further agreed that this Agreement shall
be and constitute a full and final resolution of any and all claims
which each of the parties may have against the other for equitable
division of property, alimony, counsel fees and expenses, alimony
pendente lite or any other claims pursuant to the Pennsylvania
Divorce Code or the divorce laws of any other jurisdiction.
7. ADVICE OF COUNSEL: The provisions of this Agreement
and their legal effect have been fully explained to the parties by
JUDITH A. CALKIN, ESQUIRE, counsel for WIFE. HUSBAND has been
advised of his right to separate counsel and being so advised he
waives that right.
HUSBAND and WIFE accept that this Agreement is, in the
circumstances, fair and equitable and that it is being entered into
freely and voluntarily and that execution of this Agreement is not
the result of any duress or undue influence and that it is not the
result of any collusion or improper or illegal agreement or
agreements. The parties further acknowledge that they have each
made to the other a full accounting of their respective assets,
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estate, liabilities, and sources of income and that they waive any
specific enumeration thereof for the purpose of this Agreement.
Each party agrees that he and she shall not at any future time
raise as a defense or otherwise the lack of such disclosure in any
legal proceeding, involving this Agreement, with the exception of
disclosure that may have been fraudulently withheld.
8. WARRANTY AS TO EXISTING OBLIGATIONS: Each party
represents that they have not heretofore incurred or contracted for
any debt or liability or obligation for which the estate of the
other party may be responsible or liable except as may be provided
for in this Agreement. Each party agrees to indemnify and hold the
other party hanuless for and against any and all such debts,
liabilities or obligations of every kind which may have heretofore
been incurred by them, including those for necessities, except for
the obligations arising out of this Agreement.
9. WARRANTY AS TO FUTURE OBLIGATIONS: WIFE and HUSBAND
each covenant, warrant, represent and agree that with the exception
of obligations set forth in this Agreement, neither of them shall
hereafter incur any liability whatsoever for which the estate of
the other may be liable. Each party shall indemnify and hold
hanuless the other party for and against any and all debts, charges
and liabilities incurred by the other after the execution date of
this Agreement, except as may be otherwise specifically provided
for by the tenus of this Agreement.
10. PERSONAL PROPERTY: The parties hereto have divided
between themselves, to their mutual satisfaction, all items of
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tangible and intangible marital property. Neither party shall make
any claim to any other such items of marital property, or to the
separate personal property of either party, which are now in the
possession and/or under the control of the other. Should it become
necessary, the parties each agree to sign, upon request, any titles
or documents necessary to give effect to this paragraph. Property
shall be deemed to be in the possession or under the control of
either party if, in the case of tangible personal property, the
item is physically in the possession or control of the party at the
time of the signing of this Agreement, and in the case of
intangible personal property, if any physical or written evidence
of ownership, such as passbook, checkbook, policy or certificate of
insurance or other similar writing is in the possession or control
of the party. HUSBAND and WIFE shall be deemed to be solely and
individually in the possession, control and ownership of any
pension or other employee benefit plans or other employee benefits
of any nature to which either party may have a vested or contingent
right or interest, apart from the provisions of the Divorce Code,
at the time of the signing of this Agreement.
11. MOTOR VEHICLES: The parties agree that HUSBAND and
WIFE shall become the sole and exclusive owner of any motor vehicle
in their possession.
12. REAL ESTATE: HUSBAND purchased a home located at
2635 Grandview Drive, York Haven, York County, Pennsylvania, before
the marriage. HUSBAND agrees to pay WIFE Nine Thousand ($9000.00)
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Dollars for her share of the increased value of said property
during the marriage.
13. AFTER ACQUIRED PERSONAL PROPERTY: Each of the
parties shall hereafter own and enjoy, independently of any claims
or right of the other, all items of personal property, tangible or
intangible, 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.
14. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS:
The parties hereby agree and express their intent that any transfer
of property pursuant to this Agreement shall be within the scope
and applicability of the Deficit Reduction Act of 1984 (herein in
II Act "), specifically, the provisions of said Act pertaining to
transfers of property between spouses or fonner spouses. The
parties agree to sign and cause to be filed any elections or other
documents required by the Internal Revenue Service to render the
Act applicable to the transfers set forth in this Agreement without
recognition of gain on such transfer and subject to the carry-over
basis provisions of said Act.
15. WAIVER OF ALIMONY PENDENTE LITE AND LEGAL FEES:
Each party hereby waives any right to alimony pendente lite. The
parties agree to be responsible for their own attorney's fees.
16. FULL DISCLOSURE: Each party asserts that she or he
has made a full and complete disclosure of 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
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incurred in any manner whatsoever by each of them, of all sources
and amounts of income received or receivable by each of parties,
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.
17. WAIVER OF ALIMONY: The parties herein acknowledge
that by this Agreement they have respectively secured and
maintained a substantial and adequate fund with which to provide
for themselves sufficient financial resources to provide for their
comfort, maintenance and support, in the station of life to which
they are accustomed. WIFE and HUSBAND do hereby waive, release
and give up any rights they may respectively have against the other
for alimony, spousal support or maintenance. It shall be from the
execution of this Agreement the sole responsibility of each of the
respective parties to sustain themselves without seeking any
support from the other party.
18 . INCOME TAX PRIOR RETURNS: The parties have
heretofore filed joint federal and state tax returns. Both parties
agree that in the event any deficiency in federal, state or local
income tax is proposed, or any assessment of any such tax is made
against either of them, each will indemnify and hold harmless the
other from and against any loss or liability for any such tax
deficiency or assessment and any interest, penalty and expense
incurred in connection therewith. Such tax, interest, penalty or
expense shall be paid solely and entirely by the individual who is
finally determined to be the cause of the misrepresentations or
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failures to disclose the nature and extent of his or her separate
income on the aforesaid joint returns.
19.
WAIVER OR MODIFICATION TO BE IN WRITING:
No
modification or waiver of any of the terms hereof shall be valid
unless in writing and signed by both parties and no waiver of any
breach hereof or default hereunder shall be deemed a waiver of any
subsequent default of the same or similar nature.
20. MUTUAL COOPERATION: Each party shall, at any time
and from time to time hereafter, take any and all steps and
execute, acknowledge and deliver to the other party any and all
further instruments and/or documents that the other party may
reasonably require for the purpose of giving full force and effect
to the provisions of this Agreement.
21. APPLICABLE LAW: This Agreement shall be construed
in accordance with the laws of the Commonwealth of Pennsylvania
which are in effect as of the date of execution of this Agreement.
22. AGREEMENT BINDING ON HEIRS: This Agreement shall be
binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and
assigns.
23. INTEGRATION: This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior
agreements and negotiations between them.
There are no
representations or warranties other than those expressly set forth
herein.
24. OTHER DOCUMENTATION: WIFE and HUSBAND covenant and
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agree that they will forthwith execute 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.
25. NO WAIVER ON DEFAULT: This Agreement shall remain
in full force and effect unless and until terminated under and
pursuant to the terms of this Agreement.
The failure of either
party to insist upon strict performance of any of the provisions of
this Agreement shall in no way affect the right of such party
hereafter to enforce the same, nor shall the waiver of any default
or breach of any provisions hereof be construed as a waiver of any
subsequent default or breach of the same or similar nature, nor
shall it be construed as a waiver of strict performance of any
other obligations herein.
26.
If any term, condition, clause or
SEVERABILITY:
provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this
Agreement and in all other respects this Agreement shall be valid
and continue in full force, effect and operation. Likewise, the
failure of any party to meet her or his obligation under anyone or
more of the paragraphs herein, with the exception of the
satisfaction of the conditions precedent, shall in no way avoid or
alter the remaining obligations of the parties.
27. BREACH: If either party breaches any provisions of
this Agreement, the other party shall have the right, at his or her
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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.
28.
HEADINGS NOT PART OF AGREEMENT:
Any heading
preceding the text of the several paragraphs and subparagraphs
hereof are inserted solely for convenience of reference and shall
not affect its meaning, construction or effect.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals this day and year first above written.
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Kenneth W. Smith
Witne s
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PHYLLIS J. SMITH
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
No. 00-7873 Civil Term
KENNETH W. SMITH,
CIVIL ACTION- IN DIVORCE
Defendant
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 Section ( x) 3301 C ( ) 3301 D ofthe
Divorce Code. (Check applicable code)
2. Date and manoer of service of the complaint
Certified-Restricted Delivery 11/10/2000
PRAECIPE TO TRANSMIT RECORD
3. (Complete either paragraph (A) or (B) .)
(A) Date of execution of the affidavit of consent required by Section 3301 (C) of the divorce code:
By plaintiff 8/29/01 ; by defendant 8/29/01
(B) (1) Date of execution ofthe plaintiff's affidavit required by Section 3301 (D) of the
Divorce Code:
(2) Date of filing and service of the plaintiffs affidavit upon the respondent
4. Related claims pending: NONE
5. (Complete either (a) or (b).)
(A) Date and manoer of service of the notice of intention to file praecipe to transmit record, a copy
of which is attached:
(B) Date plaintiffs Waiver of Notice in @ 3301(c) Divorce was filed with the Prothonotary:
8/30/01
Date defendant's Wavier of Notice in @ 3301 (c) Divorce was filed with the Prothonotary:
8/30/01
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VB.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Co:C'/~
7;>13
PHYLLIS J. SMITH,
Plaintiff
NO. 00-
KENNETH W. SMITH,
Defendant
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN
the claims set forth
action.
SUED IN COURT. If you wish to defend against
in the following pages, you must take prompt
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 the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Court Administrator's Office, Cumberland County Courthouse, Carlis~e,
PA.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTgD, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
DO NOT
OFFICg
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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PHYLLIS J. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VIiS.
NO.,j1- ?i73 ~/~
KENNETH W. SMITH,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
330l(c)
~. Plaintiff is PHYLLIS J. SMITH, whose mailing address is
P.O. Box 391, Summerdale, Cumberland County, Pennsylvania. Plaintiff's
social security number is # 161-32-2691.
2. Defendant is KENNETH W. SMITH, who resides at 2635
Grandview Drive, York Haven, York County, Pennsylvania.
Defendant's
social security number is 160-28-5036.
3 .
Plaintiff
has been a bona fide resident in the
Commonwealth
for at least six months immediately previous to
the filing of this Complaint.
4. The Plaintiff and Defendant were married on July 20,
1990 in Dauphin County, Pennsylvania.
5. There has been no prior action for divorce or for
annulment between the parties.
6. The Defendant is not a member of the Armed Forces.
7. The marriage is irretrievably broken.
8.
Plaintiff
has
been advised of the availability of
marriage counseling and that she may have the right to request the
Court to require the parties to participate in such counseling.
Being so
advised,
Plaintiff
does
not request that the Court
require the parties to participate in counseling prior to a Divorce
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Decree being handed down by the Court.
WHEREFORE, the plaintiff prays your Honorable Court to
enter a Decree in Divorce from the bonds of matrimony.
COUNT II
EQUITABLE DISTRIBUTION
9. Plaintiff and Defendant have acquired real and personal
property during their marriage.
10. Plaintiff and Defendant have been unable to agree as to
an equitable division of said property as of the date of the filing of
this Complaint.
WHEREFORE, Plaintiff requests that the Court enter a Decree
equitably distributing marital property.
COUNT II I
ALIMONY
11. Count I & II of the Complaint are incorporated herein by
reference thereto.
12. Plaintiff is unable to support herself through
appropriate employment.
13. Defendant is able to provide support to Plaintiff.
WHEREFORE, Plaintiff respectfully requests the Court to enter
an alimony award on her behalf.
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COUNT :IV
REQUSST POR AL:IMONYY PENDENTEL:ITE AND COUNSEL PEES,
COSTS AND EXPENSES
14. Counts I, II & III of the Complaint are incorporated
herein by reference thereto.
15. Plaintiff has employed Judith A. Calkin, Esquire to
represent her in this matrimonial case.
16. Plaintiff is unable to pay her counsel fees, costs and
expenses and Defendant is more than able to pay them.
17. Plaintiff is unable to sustain herself during the course
of this litigation.
WHEREFORE, Plaintiff respectfully requests the Court to enter
an award of Alimony Pendente Lite, interim and final counsel fees, costs
and expenses.
Respectfully submitted:
th A. Calkin, Esquire
orney for Plaintiff
2201 North Second Street
Harrisburg, PA 17110
(717) 238-2312
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Commonwealth of Pennsylvania:
ss.
County of Dauphin
I verify that the statements made in this 3301 (cl Divorce
Complaint 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:
9;'.IIl~ . sI~
~f). Smith
Sworn and Subscribed
/Vel..
before me this.2 day
of NtJu. , 2000.
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tiotary Public
NOTARIAL SEAL
ELLEN ROSENBLOOM. Notary Public
City 01 Htlnisburg, Dauphin County
My Commission cxoires Mav 8, 2003
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CERTIFICATE OF SERVICE
I, Judith A. Calkin, do hereby certify that a true and correct
copy of the within Divorce Complaint 3301 (cl was mailed at Harrisburg,
PA., certified-restricted delivery, postage pre-paid to the following
person:
Date:
Kenneth W. Smith
2635 Grandview Drive
York Haven, PA 17370
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PHYLLIS J. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00-7873 Civil Term
KENNETH W. SMITH,
Defendant
IN DIVORCE
A1<'14'wA VIT OF SERVICE
I, Judith A. Calkin, Esquire, deposes and says:
1. That she is an adult individual residing in Dauphin
County, Pennsylvania.
2. That on November 9, 2001 she sent by certified-
restricted mail, return receipt requesting from Harrisburg,
Pennsylvania (No. 7099 3220 0009 4715 4800) of the Notice of
Intention to Request Entry of a Divorce Compaint in the above
captioned case to:
Kenneth W. Smith
2635 Grandview Drive
York Haven, PA 17370
3. That on November 10, 2000, Kenneth W. Smith signed
the receipt (No. 7099 3220 0009 4715 4800 ) which is attached to
this affidavit.
,
Cal in, Esquire
for Plaintiff
2201 N. Second Street
Harrisburg, PA 17101
(717) 238-2312
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Postage $
Certjfied Fee
RettJm Receipt Fee
(Endorsement Required)
Restricted Dell~ery Fee
(Endorsement Required)
C Total Po$tage & Fees
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ru Name (PlraSe Print ClearlylJTp be comPleted by mailer)
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Complete items 1, 2, and"i'Also co:mple',e
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front jf space permits.
1. Article Addressed to:
D. Is delivery address different from item 17
If YES, enter delivery address below:
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3., ~e Type
..ASl Certified Mail 0 Express Mail
o Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) Yes
2. Article Number (Copy from service labelj
7 0' 't, ,.3,~~, 'HI? "It M 1 Ii 5l.f ,1 00.
PS Form 3811':July 1999' . " bom~~ticRetu;n Receipt
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102595-S9-M-178S
PHYLLIS J. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00-7873 Civil Term
IN DIVORCE
KENNETH W. SMITH,
Defendant
AI<l'luA VIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on November 6, 2000.
2. The marriage of Plaintiff and 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 in Divorce
after service of notice of intention to request entry of the
decree.
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: S/d9/0/
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Phy is J Smith
SS# No. 1&/- 3;). -C),(P9/
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PHYLLIS J. SMITH,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00-7873 Civil Term
IN DIVORCE
KENNETH W. SMITH,
Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION
3301 eel OF THE DIVORCE CODE
1. I consent to 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
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 statement made in this Waiver 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:
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PHYLLIS J. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00-7873 Civil Term
IN DIVORCE
KENNETH W. SMITH,
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on November 6, 2000.
2. The marriage of Plaintiff and 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 in Divorce
after service of notice of intention to request entry of the
decree.
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: a7CJ.o/fJ I
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Kenneth W. Smith
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PHYLLIS J. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00-7873 Civil Term
IN DIVORCE
KENNETH W. SMITH,
Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION
3301 (el OF THE DIVORCE CODE
1. I consent to 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
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 statement made in this Waiver 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: ~J~/
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Kenneth W. Smith
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