HomeMy WebLinkAbout01-05788
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
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PENNA.
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No. 01 - 5788
JOHN H. McMINN. .
Plaintiff
VERSUS
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Stacie L. McMINN, .
Defendant .
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DECREE IN .
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. DIVORCE 1oILJ: ~~z,~
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. AND NOW, , IT IS ORDERED AND
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DECREED THAT , PLAINTIFF, .
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AND Stacie L. McMinn , DEFENDANT, .
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;
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'l'he Marriage Settkihement Agreement entered into by the pt'lT'ti es .
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on April 29, 2002. shall be incor~orated but not me~ged into
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ROTHONOTARY
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT is made this c:? (; '6..
2002, by and between John H. McMinn, of
Ro~d, Camp Hill, Cumberland County,
hereinafter referred to as "Husband",
day of A{((..!.- ,
4191 Gettysburg
Pennsylvania,
-AND-
Stacie L. MCMinn, of 221 Reno Street, New Cumberland,
Cumberland County, Pennsylvania, hereinafter referred to as
"Wife",
WITNESSETH:
WHEREAS, Husband and Wife were
December 30, 1991 at Lower Allen
County, Pennsylvania; and
lawfully
Township,
married on
Cumberland
WHEREAS, diverse unhappy marital difficulties have
arisen between the parties causing them to believe that
their marriage is irretrievably broken, as a result of which
they now live separate and apart from on another, the
parties being estranged due to such marital difficulties;
and
WHEREAS, the parties hereto are desirous of
compromising and 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 of real and personal property; and in general, the
settling of any and all claims and possible claims by one
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against the other or against their respective estate,
particularly those responsibilities and rights growing out
of the marriage relationship, inter alia past, present or
future spousal support or maintenance, alimony pendente
lite, alimony, counsel fees and expenses, and equitable
distribution, whether or not the parties reside together;
and
WHEREAS, the parties have made full disclosure to each
other of their assets and liabilities and have agreed on a
settlement of all property rights and differences existing
between them; and
WHEREAS, the parties intend this Agreement to be a full
and complete Marriage Settlement Agreement, providing for
the absolute and final settlement of all their respective
marital and property and all other claims.
NOW, THEREFORE, in consideration of the premises and of
the promises, covenants and undertakings hereinafter set
forth and for other good and valuable consideration, the
receipt of which is hereby acknowledged by each of the
parties hereto, Husband and Wife, each intending to be
legally bound hereby, covenant and agree as follows:
1. SEPARATION: It shall be lawful for each party, at
all times hereinafter, to live separate and apart from the
other, at such place or places as he or she may, from time
to time, choose or deem fit. Each party shall be free from
interference, authority or control by the other, as full 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
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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 the peaceful existence, separate and
apart from the other. The foregoing provision shall not be
an admission on the part of either party of the lawfulness
or unlawfulness of the causes leading to their separation.
A reconciliation will not void the provisions of this
agreement.
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 not be 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 term or this Agreement,
whether or not either or both of the parties shall remarry,
it being understood by and between the parties hereto that
this Agreement shall be incorporated in but shall not be
merged into any decree, judgment, or order of divorce or
separation. It is specifically agreed, however, that a copy
of this Agreement or the substance of the provisions
thereof, shall be incorporated by reference into any
divorce, judgment or decree. This incorporation, however,
shall not be regarded as a merger, it being the specific
intent of the parties to permit this Agreement to survive
any judgment and to be forever binding and conclusive upon
the parties.
2. EFFECTIVE DATE: The effective date of this
Agreement shall be the ftdate of execution", defined as the
date upon which it is executed by the parties if they have
each executed the Agreement on the same date. Other wise,
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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. Transfer of property,
funds and/or documents shall occur on the effective date
unless otherwise specified herein.
3. AGREEMENT NOT A BAR TO DIVORCE: This Agreement
shall not be considered to affect or bar the right of either
party to a divorce on lawful grounds as may be now or
hereafter available to either party. This Agreement is not
intended to be and shall not be a condonation on the part of
ei ther party of any act or acts of either party hereto.
Both parties hereto agree that the marriage is irretrievably
broken and agree at the time of execution hereof to execute
any and all affidavits or other documents necessary for the
parties to obtain an absolute divorce pursuant to Section
3301(c) of the Divorce Code. Each party waives the right to
request Court ordered counseling.
4. DEBTS AND OBLIGATIONS: Each party hereto represents
and warrants that he or she has not, and in the future will
not, contract or incur any debt, obligation or liability for
which the other party or his or her estate may be
responsible or liable, except as provided for in this
Agreement. Each party hereto agrees to be solely
responsible for the prompt and timely payment of the debts
now or hereafter incurred in his or her name and
specifically any debts secured by any automobile, motor
vehicle or other property distributed to her or him
hereunder. Each party hereto agrees to indemnify and hold
harmless the other from any and all claims, debts,
obligations or demands made against him or her by reason of
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debts or obligations incurred by him or her or identified to
be paid by him or her in this Agreement.
5. MUTUAL RELEASES: Husband and Wife 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, from any and all rights, title and
interest, or claims in or against the estate of such other,
or whatever nature and wherever situate, which he or she not
has or at any time hereafter may have against such other,
the estate of such other or any part thereof, whether
arising out of any former acts, contracts, engagements or
liabilities or such other or by way of dower or curtesy, of
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 Pennsylvania, any
state, commonwealth or territory of the United States, or
any other country; or any rights which either party may now
have or at any time hereafter have for past, present or
future support or maintenance, alimony, alimony pendente
lite, counsel fees, costs or expenses, whether arising as a
result of the marital relation or otherwise, except and only
except all rights and agreements and obligations of
whatsoever nature arising or which may arise under the
Agreement or for the breach of any provision 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
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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 by each party
that this Agreement constitutes a full and final resolution
and settlement of all claims of any kind, and especially any
claims arising under the Pennsylvania Divorce Code, which
either party may have against the other.
6. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY: The
parties hereto agree that they have effected a mutually
satisfactory division of the furniture, household
furnishings, appliances and other personal property and
motor vehicles between them and neither party will make any
claim to any personal property now in the possession or
control of the other except as herein provided. Husband
hereby releases and relinquishes any right, title or
interest he may have had in the past or now has in the
property in Wife's possession. Wife agrees that Husband
shall, from and after the date hereof, be the sole and
separate owner of all personal property in Husband's
possession. Wife hereby releases and relinquishes any
right, title or interest she may have had in the past or now
has in the property in Husband's possession. Husband agrees
that Wife shall, from and after the date hereof, be the sole
and separate owner of all personal property in Wife's
possession.
7. PENSIONS AND RETIREMENT ACCOUNTS: The parties
hereto waive any and all interest or claims which either may
have in any individual retirement accounts, 401(k) accounts,
Keogh accounts, IRA accounts and existing pensions or
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similar accounts
interest to or in
of the other, as well as
any social security account
any claim or
or benefits.
8. STOCK OR BROKERAGE ACCOUNTS: The parties hereby
agree that each shall become sole owner of their respective
accounts for financial instruments and each hereby waives
any interest in or claim to any funds, instruments or
accounts held by the other in such instruments or accounts.
9. ALIMONY: Each party waives, releases and gives up
any claim, now or in the future, for any spousal support,
alimony, alimony pendente lite, or maintenance from the
other.
10. BANK ACCOUNTS: Husband and Wife each acknowledge
that they each own or possess certain bank accounts in their
respective names. They hereby agree that each shall become
sole owner of their respective bank accounts and each hereby
waives any interest in or claim to any funds held by the
other in such accounts.
11. MOTOR VEHICLES: Wi th respect to motor vehicles
owned or leased by Husband and Wife, both of the parties
agree that the vehicle in the possession of and customarily
used by each party shall remain the sole and exclusive
property of that party.
Each party shall be solely responsible for any debt
secured by any vehicle held as his or her property. Each
party shall be solely responsible for any lease payments or
penalties owing or associated with any vehicle held in his
or her possession, and shall indemnify and hold harmless the
other party from the same. Each party shall be solely
responsible for any insurance and any other costs, including
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license, for each motor vehicle held as his or her property
or in his or her possession.
12. COUNSEL FEES: Each party individually covenants
and agrees that he or she will individually assume the full
and sole responsibility for all other legal expenses for his
or her attorney, if any, and Court costs in connection with
the pending divorce action and shall make no claim against
the other for such costs or fees except as set forth in this
paragraph.
13. ADVICE OF COUNSEL: The provisions of this Agreement
and their legal effect have been fully explained to Husband
by his counsel, WILLIAM L. GRUBB, ESQUIRE, Wife, having
knowingly and intelligently waived her right to be
represented by counsel. Husband and Wife each covenants
that he or she has made a full financial disclosure to the
other of his or her respective property, holdings and
income. Husband and Wife each acknowledge that each fully
understands the facts of this agreement and has been fully
informed as to her or his legal rights and obligations and
each party acknowledges and accepts that this Agreement, in
the circumstances, is fair and equitable and that it is
being entered into freely and voluntarily, with such
knowledge 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. Wife, being advised that she has the right
to obtain independent advice from the attorney of her
choice, hereby waives her right to obtain counsel.
14. ADDITIONAL INSTRUMENTS: Each of the parties shall,
from time to time, at the request of the other, execute,
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acknowledge and deliver to the other party any and all
further instruments, deeds, titles or documents that may be
reasonably required to give full force and effect to the
provisions of this Agreement, including all papers necessary
to transfer title.
15. AFTER-ACQUIRED PROPERTY: Each party shall
hereafter independently own all property, real, personal or
mixed, tangible or intangible, of any kind, acquired by him
or her, with full power to dispose of the same in all
respects and for all purposes, as though he or she were
unmarried.
16. TAX CONSEQUENCES: By this Agreement, the parties
have intended to effectuate and by this Agreement have
equally divided their marital property. The parties have
determined that such equal division conforms to a right and
just standard with regard to the rights of each party. The
division of existing marital property is not, except as may
be otherwise expressly provided herein, intended by the
parties to institute or constitute in any way a sale or
exchange of assets and the division is being effected
without the introduction of outside funds or other property
not constituting a part of the marital estate.
17. MODIFICATION AND WAIVER: A modification or waiver
of any of the provisions of the Agreement shall be effective
only if made in writing and executed with the same formality
as this Agreement. The failure of either party to insist
upon the strict performance of any of the provisions of this
Agreement shall not be construed as a waiver of any
subsequent default of the same or similar nature.
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18. ENTIRE AGREEMENT: This Agreement contains the
entire understanding of the parties, and there are no
representations, warranties, covenants or undertakings other
than those expressly set forth herein.
19. DESCRIPTIVE HEADINGS: The descriptive headings
used herein are for convenience only. They shall have no
effect whatsoever in determining the rights or obligations
of the parties.
20. INDEPENDENT SEPARATE COVENANTS: It is specifically
understood and agreed by and between the parties hereto that
each paragraph hereof shall be deemed to be a separate and
independent agreement.
21. BREACH: If either party breaches any provision of
this Agreement, the other party shall have the right, at his
or her election, to sue for damages for such breach, to
terminate any further payments required to the other
hereunder or seek such other remedies or relief as may be
available to him or her, and the party breaching this
contract shall be responsible of payment of legal fees and
costs incurred by the other in enforcing their rights under
this Agreement, or in seeking such other remedies or relief
as may be available to him or her.
22. DISCLOSURE OF FINANCES: Each party hereto confirms
that he or she has relied on the completeness and
substantial accuracy of financial disclosures of the other
as an inducement to enter into the Agreement. The parties
acknowledge that there has been no formal discovery
conducted in their pending divorce action and that neither
has filed and Inventory and Appraisment as required by
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section 3505(b) of the Pennsylvania Divorce Code. The
rights of either party to pursue a claim for equitable
distribution of any interest owned by the other party in an
asset prior to the date of execution hereof which interest
was not disclosed or known by the other party or his or her
counsel prior to the execution of this Agreement is
expressly reserved.
23. 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.
24. RECONCILIATION: The parties shall only effect a
legal reconciliation which supersedes this Agreement by
their signed agreement containing a specific statement that
they have reconciled and that this Agreement shall be null
and void; otherwise, this Agreement shall remain in full
force and effect. Further, the parties may attempt a
reconciliation, which action, if not consummated by the
aforesaid agreement, shall not affect in any way the legal
effect of this Agreement or cause any new marital rights or
obligations to accrue.
25. APPLICABLE LAW: This Agreement shall be construed
under the laws of the Commonwealth of Pennsylvania.
26. VOID CLAUSES: If any term, condition, clause or
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
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shall be valid and continue in full force, effect and
operation.
IN WITNESS WHEREOF,
the parties have hereunto set
their hands and seals the day and year first above written.
WITNESS:
HUSBAND:
U II /1/9IV:-
f John H. McMinn
Staoie L. McMinn
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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On this the 'Z-lt.6 of A fl!11...- 2002, before
me, the undersigned officer, personally appeared John H.
McMinn, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Agreement and
acknowledged that she executed the same for the purposes
therein contained.
0QD~ t~
Notary Public
NOTARIAL SEAL
WILLIAM L. GRUBB, NolaIy Public
Lower Allen Twp" Cumbe~and County
My Commission Expires Aug. 13, 2005
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this the
the undersigned
McMinn, known to
person whose name
acknowledged that
therein contained.
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v of "Tf"iZ.<-- , 2002, before me,
officer, personally appeared Stacie L.
me (or satisfactorily proven) to be the
is subscribed to the within Agreement and
he executed the same for the purposes
GY~f 1D-l
Notary Public
NOTARIAL SEAL
WILLIAM L. GRUBB, Notary Public
Lower Allen Twp., Cumberland County
My Commission Expires Aug. 13, 2005
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
JOHN H. McMINN,
v.
: NO. 01- 5:;zrg
CIVIL TERM
STACIE 1. McMINN,
Defendant
: IN LAW - 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 relief requested in these papers by the Plaintiff. You may loose 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 in the Office of the Prothonotary, First Floor, Cumberland County Courthouse,
1 Courthouse Square, 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
JOHN H. McMINN,
v.
: NO."itJ"'ST~
CIVIL TERM
STACIE L. McMINN,
Defendant
: IN LAW - DIVORCE
COMPLAINT IN DIVORCE
AND NOW COMES the Plaintiff, John H. McMinn, by his counsel, William L.
Grubb, Esquire, and complains of the Defendant, Stacie L. McMinn, as follows:
COUNT I
COMPLAINT UNDER SECTION 3301 Cc) OR
3301 Cd) OF THE DIVORCE CODE
1. Plaintiff is John H. McMinn, who currently resides at Lot #14, 4191
Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania.
2. Defendant is Stacie L. McMinn, who currently resides at Lot #134, 107
Old York Road, New Cumberland, Fairview Township, York County, Pennsylvania.
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. Plaintiff and Defendant were married on December 30, 1991 at Lower
Allen Township, Cumberland County, Pennsylvania.
5. The parties separated on January 6, 2000.
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6. There have been no prior actions of divorce or for annulment between the
parties.
7. Neither party is in the Armed Services of the United States or its allies.
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 requests the Court to enter a Decree of Divorce.
WHEREFORE, Plaintiff prays this Honorable Court to enter an Order dissolving the
marriage between the parties.
Respectfully submitted,
Date: O~. :)(t..';:'/
W~~.~,
William L. Grubb, Esquire
J.D. # 72661
3105 Old Gettysburg Road
Camp Hill, PA 17011
(717) 763-5580
Attorney for Plaintiff
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VERIFICATION
I, JOHN H. McMINN, verify that the statements made in this document are true
and correct. I understand that false statements herein are made subject to penalties of 18
Pa. C.S. ~ 4904, relating to unsworn falsification to authorities.
Date: q /;{ ro /() /
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CERTIFICATE OF SERVICE
I, WILLIAM 1. GRUBB, Esquire, certify that I have served a copy of the
foregoing document on the individual listed below by depositing the same in the United
States Mail, Certified, First Class, restricted delivery, postage prepaid, at Camp Hill,
Pennsylvania:
Stacie 1. McMinn
Lot 134
107 Old York Road
New Cumberland, P A 17070
Date: Cet, ~,2001
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William 1. Grubb, Esquire
3105 Old Gettysburg Road
Camp Hill, P A 17011
Attorney for Plaintiff
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JOHN H, McMINN,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v,
: NO, 01-5788
STACIE L. McMINN,
Defendant
: CIVIL TERM
: IN LAW - DIVORCE
PROOF OF SERVICE BY MAIL
I hereby certify that a true and correct copy of the
Complaint in Divorce filed in the above matter, was served
on Stacie L. MCMinn by first class, certified mail, return
receipt requested, deliver to addressee only, at Lot #134,
107 Old York Road, New Cumberland, PA 17070, on October 5,
2000. Addressee acknowledged receipt of the same on October
6, 2000, as shown by the return receipt card attached hereto
as Exhibit "An.
I verify that the statements made in this document are
true and correct. I understand that false statements herein
are made subject to penalties of 18 Pa. C.S. 5 4904,
relating to unsworn falsification to authorities.
Da t e: (J'di:, /0, 200 I
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William L. Grubb, Esquire
1.D. 72661
3105 Old Gettysburg Road
Camp Hill, PA 17011
(717) 763-5580
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Complete items 1, 2, and 3. Also complete
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 thJs card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
o Agent
.0 Addressee~
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3. Service Type
IJ8-'Certified Mail
o RegIstered
o Insured Mail
o Express Mall
~eturn Receipt for Merchandise
o C.O.D.
4. Restricted Del'lvery? (Extra Fee)
.pi- Yes .,-
'I 2. Article Number (Copy from service label)
. 1 cAJi :5 l;."Z-{) .' CD! tJC6<1o 7 '1-3(0'" ,
';--- P~ Form 3811 , July 1999 Domestic Return Receipt
102595-99.M.1789
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Exhibit "A"
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
JOHN H, McMINN,
v.
: NO.6 {- <;;78 &
CIVIL TERM
STACIE L. McMINN,
Defendant
: IN LAW - DIVORCE
AFFIDAVIT OF MARRIAGE COUNSELING
John H. McMinn, being duly sworn according to law, deposes and says:
1. 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.
2. I understand that the court maintains a list of marriage counselors in the Office of
the Prothonotary, which list is available to me upon request.
3 . 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.
I understand that false statements herein are made subject to the penalties of Pa,
C.S, 94904, relating to unsworn falsification to authorities,
Date: q/i,Co!O/
M II 1M?;,..,
John H. McMinn
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JOHN H, McMINN,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v,
: NO. 01-5788
STACIE L. McMINN,
Defendant
: CIVIL TERM
: IN LAW - 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:
I, Ground for divorce:
Irretrievable breakdown under ~3301(c)ofthe Divorce Code,
2. Date and manner of service of the complaint:
10/06/2001, US mail, certified, restricted delivery return receipt,
postage prepaid
3. Complete either paragraph (a) or (b),
(a) Date of execution of the affidavit of consent required by g3301(c)
of the Divorce Code: by Plaintiff April 26, 2002,
by Defendant April 29, 2002.
4, Related claims pending: NONE
5, Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe to
transmit the record, a copy of which is attached:
(b) Date plaintiffs Waiver of Notice in g3301(c) was filed with the
Prothonotary: April 30, 2002.
Date defendant's Waiver of Notice in g3301(c) was filed with the
Prothonotary: April 30, 2002,
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William L. Grubb, Esq,
Attorney for the Plaintiff
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
JOHN H, McMINN,
v.
: NO. 01-5788
STACIE L. McMINN,
Defendant
: CIVIL TERM
: IN LAW - DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on October 5, 2001.
2. The marriage of the 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.
I verify that the statements made in the Affidavit are
true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. 54904
relating to unsworn falsification to authorities.
Date: "/!,;e,/();(
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J(jHN H. McMINN, Plaintiff
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JOHN H. McMINN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-5788
STACIE L. McMINN,
Defendant
: CIVIL TERM
: IN LAW - DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
DIVORCE DECREE UNDER 3301(d OF THE DIVORCE CODE
1. I consent to the entry of a fmal 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. lunderstand 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,
Dated: 1j /Jf%J..
11 f/ ;1fwt~
J~HN H. McMINN, Plaintiff
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
JOHN H. McMINN,
v.
: NO, 01-5788
STACIE L. McMINN,
Defendant
: CIVIL TERM
: IN LAW - DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on October 5, 2001.
2. The marriage of the 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.
I verify that the statements made in the Affidavit are
true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. 54904
relating to unsworn falsification to authorities.
Date:~L
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JOHN H, McMINN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO. 01-5788
STACIE L. McMINN,
Defendant
: CIVIL TERM
: IN LAW - DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
DIVORCE DECREE UNDER 330Hc) OF THE DIVORCE CODE
L 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 fJIed
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.
Dated:{ /z 9/ R--
L. McMINN, Defendant
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