The URL can be used to link to this page

Home My WebLink About99-00124 ., .." ~ 1 3 . JJ 7' j I I 1) . J 8 3 / ~ ~, J "'7' os I c- I 0-1 I , ~ / .-"" .' ~ - .." ~~-' ...:::..;~-: -:.;~~' .::.;.,,: '.:.;~ -::,:+X'.:.;.<- .:.;.:' :.:.;.~ - ':.;'::.:.:~<":.;;'::: .::+;;"- .:.;." .:.;.'- '.:+;;'-" - .:.:;,-~: .:.:.~ ".:+;;,--: _ '::+:0:" :<:.::.;;,~ '::.~:>:.X>::.:~:;'.::.:(~'-_'::"':~::,::.-X:..::.::;.;;:>::.::;.;;'~1<f!_ ~ ~ . ~.~ ~ ::.) ~ ~ ~.~ ~.~ ~ COURT OF COMMON PLEAS IN THE COUNTY OF CUMBERLAND ~ STATE OF i~~ PENNA. ~ ~ ~ ~ ~ .~.:J:~c:>~~..~q.~.E:J:>I1..w.<>C:>J;.:F.q.tu.>'h"" ..................... II II il il N (). ....U~...Civ.il...l~.~.9.... ~ ~ ~.~ ~ Versus ~ LAURA SUZANNE WOOLFORD ............--.......----....-----....-..... ..............-.......-_....... ~ ~ .~, ~ ~ DECREE IN DIVORCE ~ ~~ ~ ~:f ~ y ~ #.~ ~ ~"; ~ ~ ~.. AND NOW, ............ ??<0./... .-i?~.~., 19 .~~..., it is ordered and decreed that. :r.3,J1lQtAY. ."'9.S.~Pl1. ~QQl.;f.QJ;d.......... .... ......, plaintiff, and . ~~.~:r;~. ~.~"i~!'P.~. W.!>~1,~9F.d, ... .. . ... .. . . . . .. . . .. ., . . " ", 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; a .' NotJ;e .......... ,. ...... .................. ...... ...... ........................... ~ ~.~ ~ ,.::.::.:~.:.::<::.::.::. .::",::-:>::.::.:::.::.::.' .::.::.,-'.::.::;,.~ .::.::<.::.~.: ~ ~ (: ~ .'~ ~ .. '. .... ....... ...... ...... ...... ......................... B'~O:.4,d. .......mm .mm ^,':"';i!~ A:~,;;.";,,,,;' ~ ,', ~ ~ :>: ~ ~:~-~~:~~~~~~:~~.~~'~~~~;~~- ~'.i ~ --.-, ~ a ~.~ ~ .'~ ~ ~ ~ ~ ~ ~ ~ ~'1 .'~ ~ ~ ~.: ~ ~ ~ ~ ~'1 ~ >~ ~..~ ~ ~ :'. ~ ~-"'; ~ ;.~ ~ ~'i ~ ~.~ ~ ~ ~ ~.~ ~ ~.~ ~ ~ "< ~ ~ ~ ~ ~ ~ v ~ ~ .~,.'.j .' . ......: .~..r~. ".,*, .,' ~ . '- ".. " 1/cJ/-9f &d. ~ /H~~ ~ ~d/.o/ ~ ~ ;;& ~ o. - '<,- o. . 4' '" AGREEMENT Between TIMOTHY JOSEPH WOOLFORD and LAURA SUZANNE WOOLFORD , ., 622219 vI 03/12/99 05:11 PM ~ <: " < TABLE OF CONTENTS Heading Page I. GENERAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I l.l INTENTION WITH RESPECT TO A DIVORCE. .. .. . . .. .. . . .. .. . . . .. . . I 1.2 EFFECT OF DIVORCE DECREE ............................... . . . . . I 1.3 AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE ......... 2 1.4 DATE OF EXECUTION............................................ 2 1.5 ADVICE OF COUNSEL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.6 PERSONAL RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.7 MUTUAL RELEASES .............................................3 1.8 FINANCIAL DISCLOSURE ........................................ 4 1.9 WAIVER OR MODIFICATION TO BE IN WRITING ....................5 l.l 0 LAW OF PENNSYLVANIA APPLICABLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 l.ll AGREEMENT BINDING ON HEIRS ................................. 5 1.12 INTEGRATION. . .. .. . . . . . . . . . .. ... . .. .. .. . .. . .. . .. . .. . . .. . . . . . . .6 l.l3 OTHER DOCUMENTATION .......................................6 l.l4 NO WAIVER OF DEFAULT ........................................6 l.l5 HEADINGS NOT PART OF AGREEMENT................... .........6 2. EQUITABLE DISTRIBUTION ............................................ 7 2.1 LUMPSUMPAYMENT...... ............................... ......7 2.2 PERSONAL PROPERTY . . . .. .. . . . .. .. . . . .. . . . . . .. .. . . . . . . . . . . .. . .. 7 -i- 622219 vI 03/12/99 05:11 PM ~ .. " , Heading Page 2.3 TRANSFER OF BOND FUNDS ..................................... 8 2.4 RETIREMENT BENEFITS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2.5 SEPARATE ASSETSILIABILITIES .................................. 9 2.6 AFTER-ACQUIRED PROPERTY.. .. . . . . . .. .. ... . . . . .. . .. . .. . . . . . . . 10 2.7 WARRANTY AS TO EXISTING AND FUTURE OBLIGATIONS......... 10 3 ALIMONY/SUPPORT .................................................. 11 3.1 WAIVER PROVISION ............................................ II 3.2 CHESTER COUNTY ACTION ..................................... 12 4. COUNSEL FEES, COSTS AND EXPENSES ................................ 12 4.1 WAIVER PROVISION . .. .. .. . .. .. . . . . . .. .. . . . . . . . . . . . . .. . .. . . . .. . 12 5. ENGAGEMENT AND WEDDING RINGS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5.1 ENGAGEMENT AND WEDDING RINGS. . . . . . .. . . . . . . .. . .. . . .. . . .. . 13 -ii- 622219 vI 03/12/99 Os,! 1 PM I f This AGREEMENT is made the day of ,1999, by and between TIMOTHY JOSEPH WOOLFORD ("Husband") and LAURA SUZANNE WOOLFORD ("Wife"). WITNESSETH WHEREAS, the parties are Husband and Wife, having been married on October 4, 1998 , in Glemnore, Chester County, Pennsylvania. WHEREAS, they intend to live separate and apart for the rest oftheir lives and are desirous of settling completely and finally the economic and other rights and obligations between each other; NOW THEREFORE, intending to be legally bound, they agree as follows: I. GENERAL 1.1 INTENTION WITH RESPECT TO A DIVORCE The parties intend to secure a mutual consent, no-fault divorce pursuant to the provisions of Section 3301(c) ofthe Pennsylvania Divorce Code of 1980, as amended. 1.2 EFFECT OF DIVORCE DECREE This Agreement shall continue to be effective after the entry of a final divorce decree hetween the parties. 622219 vI 03/12/99 05:11 PM .' 1.3 AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE This Agreement shall be incorporated into, but not merged with, any final divorce decree which may be entered and the Court of Common Pleas entering the final divorce decree shall retain continuing jurisdiction over the parties and the subject matter ofthis Agreement for the purpose of enforcement of any ofits provisions, except as provided otherwise in this Agreement. 1.4 DATE OF EXECUTION The date of execution of this Agreement shall be the day when the party last signing it has done so. 1.5 ADVICE OF COUNSEL The parties acknowledge that each has received independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and ohligations arising out of their marriage and impending divorce, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair and reasonable under the circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreement or agreements. -2- 622219vl 03/12/99 05:11 PM 0" 1.6 PERSONAL RIGHTS The parties intend hereafter to live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if unmarried. Each may, for his or her separate use or henefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. They shall not molest, harass, disturb or malign each other, their respective families, employers, or co-workers, or compel or attempt to compel the other to cohabit or dwell with him or her. 1.7 MUTUAL RELEASES Except as otherwise provided for in this Agreement: a) Each party hereby releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either has or at any time hereafter may have for past, present or future support or maintenance, spousal support, alimony nendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including but not limited to all rights and benefits under the Pennsylvania Domestic Relations Code, its supplements and amendments, as well as under any other law of this or any other jurisdiction. b) Each party herehy releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, -3- 622219 vi 03/12199 05; 11 PM demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of the United States, Pennsylvania, any state, Commonwealth or territory of the United States, or any other country. The parties each waive and release any and all right to receive insurance proceeds at the death ofthe other, whether as named beneficiary or otherwise, and despite an'y beneficiary designation in favor of the surviving former spouse. The parties waive any right to receive any legacy, bequest or residuary portion of the estate of the other under his or her Will (if executed prior to the execution date hereot), or to act as personal representative ofthe estate of the other. c) Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution ofthis Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 1.8 FINANCIAL DISCLOSURE Husband and Wife represent and warrant that they have disclosed to each other in full their respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. Any further enumeration or statement thereof in -4- 622219 vi 03/12199 05:11 PM this Agreement is herehy specifically waived, and the parties do not wish to make or append hereto any further exhibit or statement. 1.9 WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any ofthe terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach or default ofthis Agreement shall be deemed a waiver of any subsequent breach or default of the same or similar nature. 1.I 0 LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. Subject matter jurisdiction and venue shall be in tl1e Court of Common Pleas of Cumherland County, Pennsylvania, for any action arising out OftlIis Agreement, and the resolution of any dispute between the parties. The Court of Common Pleas of Cumberland County shall also have personal jurisdiction over each oftlle parties Witll respect to any such action. 1.I1 AGREEMENT BINDING ON HEIRS Except as otherwise provided for herein, this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. -5- 622219 vI 03/12/99 05:t1 PM 1.12 INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations hetween them. There are no representations or warranties other than those expressly set forth herein. 1.13 OTHER DOCUMENTATION Within ten (10) days after demand therefor, the parties shall execute any and all written documents which may be reasonahly necessary or desirable for the proper effectuation of this Agreement. 1.14 NO WAIVER OF 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 ofthe provisions of this Agreement shall in no way affect the right of such party thereafter to enforce that provision. The waiver of any breach of any provision hereof shall not be construed as a waiver of any subsequent breach ofthe same or similar nature, and shall not be construed as a waiver of strict performance of any other obligations herein. 1.15 HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. -6- 622219 vi 03/12/99 05:11 PM 2. EOUITABLE DISTRIBUTION 2.1 LUMPSUMPAYMENT As part of the equitahle distribution of the parties' marital property, Husband shall pay to Wife a lump sum of $9,000 payable on the execution date of this Agreement. The parties agree that this lump sum payment from Husband which might otherwise qualify as alimony as defined in Section 71(b) of the Internal Revenue Code, nevertheless, shall not be deductible by Husband and shall not he includihle in the income of Wife under Section 71(b)(I)(B) of the Internal Revenue Code. 2.2 PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. The engagement and wedding rings are not covered hy this section and are dealt with more fully in Section 5, infra. -7- 622219 vI 03/12/99 05:11 PM 2.3 TRANSFER OF BOND FUNDS Wife transfers and assigns to Husband all of her right, title and interest in and to the following bond funds: (1) Vanguard Limited - Term Tax - Exempt Fund (Account No. 9923823763), which account is currently in joint names and which contains the sum of approximately $3,021.61 as of December 31,1998; (2) Vanguard Intermediate - Term Tax - Exempt Fund (Account No. 9923823763), which account is currently in joint names and which contains the sum of approximately $3,023.82 as of December 31, 1998; and (3) Vanguard pennsylvania Insured Long-Term Tax - Exempt Fund (Account No. 9923823763), which account is currently injoint names and which contains the sum of approximately $3,018.90 as of December 31, 1998. Both parties agree to fully cooperate with each other and shall execute any and all documents necessary to effectuate the transfer of the hond funds. 2.4 RETIREMENT BENEFITS Wife and Hushand hereby specifically release and waive any and all interest, claim, or right that she or he may have to any and all retirement benefits (including pension, IRA or profit sharing benefits) or other similar henefits ofthe otller party. The parties further acknowledge and agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar Act that may be required from time to time -8- 622219 vI 03/12/99 05: 11 PM to accomplish the purpose of this Paragraph. The parties' mutual intention is that this waiver provision shall override any beneficiary designation in favor of Wife or Husband on file with any pension, profit-sharing or other retirement plan. 2.5 SEPARATE ASSETSILTABILITIES Except as otherwise set forth in this Agreement, all other property, whether real, personal or of any description whatsoever and wheresoever situated including, without limitation, bank accounts; cash; securities; business interests, including proprietorships, partnerships, corporate interests and professional practices, Subchapter S Corporations, Limited Liability Corporations, pension, profit sharing, Individual Retirement Accounts or other retirement interests; educational degrees and licenses to practice; negotiable and nonnegotiable, liquid and illiquid assets, shall be and remain the sole property of the party in possession of such property or in whose name such property is titled at the time of execution of this Agreement. The party not having title to or possession of any particular separate asset hereby waives and releases any and all claim therein, and acknowledges tllat hereafter tile party having title to or possession of a separate asset is the sole and exclusive owner tllereof. With respect to his or her separate assets, each party agrees to indemnify and hold the other harmless from any liahility, cost or expense associated with such separate assets. Further, each party shall pay any liabilities presently owed by or in his or her name except as provided in this Agreement. With respect to his or her liabilities, each party agrees to indemnify and hold the other party harmless from such liabilities or any claims, costs or expenses associated with such liabilities. -9- 622219 vi 03/]2199 05:11 PM 2.6 AFTER-ACOUIRED PROPERTY Each party shall hereafter own and enjoy, independently of any claim or right of the other. all property acquired by him or her after execution oftllis Agreement, with full power in him or her to dispose ofthe same as though he or she were unmarried. 2.7 WARRANTY AS TO EXISTING AND FUTURE OBLIGATIONS Each party represents, covenants and warrants that, to the best of his or her knowledge and except as specifically otherwise provided for hy the terms of this Agreement, as of the execution date ofthis Agreement: (I) No unpaid liabilities, except those specifically disclosed by the parties in this Agreement, remain which were incurred by him or her or on his or her behalf for which the other party may be deemed liable; (2) There are no actions, suits or proceedings pending or threatened against Husband and/or Wife or any judgments, liens or other obligations affecting any jointly held property or property of either party; neither Wife nor Husband is aware of any facts which to his or her knowledge might result in any such action, suit, proceeding, judgment, lien or other obligation; (3) If any such liabilities, actions, suits or proceedings should be determined to have existed as ofthe execution date oftllis Agreement or thereafter, the party who incurred such liability shall exonerate and indemnify tile other party against and hold the other party -10- 622219 vI 03/12199 05: 11 PM harmless from any liability or expense including counsel fees and costs incurred as a result of any such liahility. Neither Husband nor Wife shall incur any liability whatsoever in the future for which the other or the estate of the other party may be liable. Each shall exonerate and indemnify the other party against and hold the other party harmless from any damages resulting from such Iiahility, including counsel fees and costs incurred as a result of any such liability. 3. ALIMONY/SUPPORT 3.1 WAIVER PROVISION Wife and Husband represent and acknowledge that they each have sufficient property to provide for her or his reasonable needs and that each is ahle to support herself or himselfthrough appropriate employment. Therefore, notwithstanding anything to the contrary contained in this Agreement or in the Pennsylvania Divorce Code of 1980, as amended, or any similar rights under the divorce laws of any other jurisdiction that may he applicable at any time in the future, Wife and Husband hereby expressly waive, discharge and release any and all rights or claims which he or she may have now or hereafter by reason ofthe parties' marriage to alimony, alimony oendente lite, spousal support and/or maintenance or any other such benefits resulting from the parties' status as husband and wife except as provided herein. -11- 622219vl 03/12/99 05:11 PM 3.2 CHESTER COUNTY ACTION On or about December 31, 1998, Wife filed a support action against Husband in the Chester County Court of Common Pleas at Docket No. 0230lNI998 (PACSES Case No. 983100613). On or about January 19, 1999, Husband filed Preliminary Objections to Wife's Complaint for Support. On the execution date of this Agreement, if she hasn't already done so, Wife shall file a praecipe to withdraw her support action before the Chester County Court of Common Pleas, with prejudice. To the extent that Wife has similarly instituted divorce proceedings before the Chester County Court of Common Pleas, Wife also agrees to withdraw any previously-filed divorce action, with prejudice, on or immediately after the execution date ofthis Agreement. 4. COUNSEL FEES. COSTS AND EXPENSES 4.1 WAIVER PROVISION Each party hereby agrees to be solely responsible for her or his own counsel fees, costs and expenses, and neither shall seek any contribution thereto from the other party except as provided herein. -12- 622219vl 03/12/99 05:11 PM .. 5. ENGAGEMENT AND WEDDING RINGS 5.1 ENGAGEMENT AND WEDDING RINGS The engagement and wedding ring will be sold and best efforts will be used to effectuate the sale for the highest price. Both parties must agree to the sale price. Proceeds of ;., J'the sale(s) will be divided equally. ~cl,f+ f' SIf (~ oM ~{ck- k 1S~ ~ hIP tv. v~. Each party has carefully read and fully considered this Agreement and all of the fVC" ,'cl () -ft, statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written above. -13- 622219 vi 03/12199 05: 11 PM . ~ .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CMslif SS. On this, the /37;b of };!a td1999, before me a Not!!IY Public for the Commonwealth of Pennsylvania, residing in the City and County of aU \'!-ev-- , personally appeared7j{J7() ~p-fi!OtJ~o me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. NOTARIAL SEAL DIANE. M SHEETZ Notary Public We'!:.t Chos:er Chester County M Comm'$!;:.n')..,.r"!r:'_r_~<; .~t.=ln 7 2002 Notary Public. c6 .' -' IN WITNESS WHEREOF, I have hereunto s COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~f J-ey On this, the /3I;t of !/;;tift4I999, heforeme a Notary Public for the Commonwealth ofPe"."sylvania, ~ding in the City and County of (! ,It/. I. ~ , personallyappeareJ.;;UM J W& /~to me to be the person whose name is SS. subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto ~hand an~ official se . I. NOTARIAL SEAL ~ - ~~ L~l^NE M SHE:.ETZ Notary PubliC l \\"'5t Cheste, C. heste, County Notary Public "':... -:: __~L~~:~':.f:~f"'.:.r~!J~n 7 2C02. . ~': ' .' -14- 622219v1 03/12199 05:11 PM , o .,'. ~: " ~ .' >- r-. ~ QE - , , ,--. cO :J.._ l.uq f3;~ "' '. , -, (')"-" - --::'l.: ~-: :c ...., Cl-:J <:;'!-'-) _._-,~.~,- 0(-,. en ~-:;;~~ ,'. LJ...:':"":"'" {.~% Ef!;~ 0: /.:..1'11 ~- D_ r:).::.l- I- oq LL C'l ~.:J C) en U ~.. "- ~ TIMOTHY JOSEPH WOOLFORD, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 99-124 CIVIL TERM LAURA SUZANNE WOOLFORD, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: l. Grounds for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: January 18, 1999 - Personal service by handing a copy to person in charge of defendant's residence. 3. Date of execution ofthe affidavit of consent required by Section 3301 (c) of the Divorce Code: hy the plaintiff: April II, 1999; by the defendant: April II, 1999. 4. Related claims pending: None 5. Indicate date and manner of service ofthe notice of intention to file praecipe to transmit record, and attach a copy of the said notice under Section 3301 (d)(l)(i) of /4' ~ Attorn the Divorce Code: See attached waivers executed by plaintiff and defendant on Apr 363 4/14/99 "- \.D ~ C; -" ~ -,~ lUQ ro t)~ ~2o :.~ C)~: \..1_ ~ J ""-" '..l-r -- .:":):::'J 96 en ~::rn Cl.{L .~']z we.... ''-z ~!Jo~ "" i!Ju] -'- u.. 2:-1n... r- oe.: ""'0; u_ en ':5 0 en U - rn.. . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TIMOTHY JOSEPH WOOLFORD, Plaintiff vs. LAURA SUZANNE WOOLFORD, NO. 99- /:1 'f &,;J --r-.l-U-- Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or reliefrequested 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 Office ofthe Prothonotary at Cumberland County Courthouse, S. Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 or (800) 990-9108 611085 ", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TIMOTHY JOSEPH WOOLFORD, Plaintiff vs, LAURA SUZANNE WOOLFORD, Defendant NO. qq~ /:1-'1 CWd T~ COMPLAINT IN DIVORCE 1. Plaintiff is Timothy Joseph Woolford who currently resides at 703 Allenview Drive iil Mechanicsburg, County of Cumberland, State of Pennsylvania 17055. 2. Defendant is Laura Suzanne Woolford who currently resides at 16 Ridge Road in West Chester, County of Chester, State of Pennsylvania 19382. 3. Timothy Joseph Woolford and Laura Suzanne Woolford have been bona fide residents ofthe Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing ofthe Complaint. 4. The parties were married on the 4th day of October, 1998 at Glenmore, State of Pennsylvania. 5. Neither plaintiff nor defendant is in the military or naval service ofthe United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. -2- 611085 , 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. 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. COUNT I 8. The prior paragraphs of this Complaint are incorporated herein by reference. 9. The marriage of the parties is irretrievably broken. WHEREFORE, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to ~ 3301 ofthe Divorce Code. COUNT II Request for approval of any settlement agreement and incorporated thereof in divorce decree under ~ ~ 3104(a) (1) and (3) and 3323(b) ofthe Divorce Code 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. -3- 611 085 12. While no settlement has been reached as of the date of the filing oftllis Complaint, plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with defendant. 13. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the parties prior to the time of hearing on this Complaint, plaintiff respectfully requests that, pursuant to ~ ~ 3104(a)(l) and (3), and 3323(b) of the Divorce Code, the Court approve and incorporate such agreement in the final divorce decree. Attorneys for Plaintiff OF COUNSEL: SCHNADER HARRISON SEGAL & LEWIS LLP Suite 3600,1600 Market Street Philadelphia, Pennsylvania 19103 (215) 751-2000 -4- 611085 . . , , . VERIFICATION TO COMPLAINT IN DIVORCE Plaintiff verifies that the statements made in this Complaint in Divorce are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa,C,S. ~ 4904, relating to unsworn falsification to authorities. Date l-y~11 611085 J <l '" ~ '" '" ~ '" ') ~ ~ g ~~ <.,,) . ~ I' I.l) " ~ ... " ... Jf 'i- '€J :>- c; ~ 1.1,9 C)~-;- n.'::c~ ;~f.i.: - t- l~{'" ::-1";:' t:::> G:l:: I ff: =-'. ~ I.L- a C'\ G\ . . , ("J '" N ?= 2 ::_J c..)~ u>: .~?;~ ;;']~? :.:,11 :J :~__ a... u: :::; U , ;. . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TIMOTHY JOSEPH WOOLFORD, Plaintiff vs. LAURA SUZANNE WOOLFORD, NO. 99-124 Civil Term Defendant AFFIDAVIT OF SERVICE I, Thomas J. Rozman, certify, under penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities, that a copy of the foregoing Complaint was served on the 18th day ofJanuary, 1999, at 11:12 a,m., at the address set forth below, by handing a copy of the Complaint to G. King Perry, who is the father of Laura Suzanne Woolford and is in charge of the residence in which Defendant resides, Laura Suzanne Woolford 16 Ridge Road West Chester, PA 19382 614299 >- 0' 0; -- ;::, c r-- LJJ!:.7: C:: . - :~ ) .-' 0<. '-) . , n:~ , . ...,~: cr)t~ ) -- . 0::"-: en ;,"1 w ~j- " ~--:~ IT! t!; ...... ~u~.e ..L .,," r- tL en :::; 0 G"'\ U . , . ." .. ,J" , ., TIMOTHY JOSEPH WOOLFORD, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 99-124 CIVIL TERM LAURA SUZANNE WOOLFORD, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 8, 1999, The Complaint was served on January 18, 1999. 2. The marriage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of service of the Complaint. 3. I consent to the entry ofa final decree in divorce after service of notice of intention to request entry of the decree, I verify that the statements made in this affidavit are true and correct. I understan~ that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. '1'-11- 11 Date 325 4/9/99 >- \..0 ~ n; ..:! '7 ;::= 0:: ~"" UJQ 0.... 0-'_ L)~ G.:~,: ..c: f:;"2~ .,!-....:... ~O en ~.~j~ wE o:! ~!; C:: lULU 0... [Y)~ ;:::: ~'" ~- LL en :::> 0 en C,) . , ~ . .. . . .' t TIMOTHY JOSEPH WOOLFORD, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 99-124 CIVIL TERM LAURA SUZANNE WOOLFORD, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~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 ifI do not claim them before a divorce is granted. 3. I understand iliat 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, 0/-11 ~'1'f Date 326 4/9/99 >- \D >- n; -" ~- -,,.. ;:::, co :::I....~ LUQ C)~.; ~).....;..-: C):..~ ll-S-,:: :;:;: "" ~f5 C:'o :::J en ~~,;~ L::_ w"'- 1"1':2 =.! It I = i,.~ JUJ LL-",- a... eGo.... r- ex -- IL (T\ ~ 0 en (,) " . ~ .. 1" ~ . .' ~ TIMOTHY JOSEPH WOOLFORD, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 99-124 CIVIL TERM LAURA SUZANNE WOOLFORD, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 8, 1999. The Complaint was served on January 18, 1999, 2. The marriage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of 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 this affidavit are tme and correct. I understand that false statements he~ein are made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities. __ll- -II - ~ '1 Date /;~;i;d' ~~~-t Uaur Suz\mr{e Woo ford 325 419/99 >- U) ~ n; -:1 ~ ~~~~. U.JQ o:l C.).....:i ,- O:@' u.:!':'.: G':;C '.1 .....- ~.~~~ ~ ~ts (7\ c...::: "_~Z w'"'- U:z ~lU = ll.Jeu LJ....:L. u.. !:-!]Cl.. r- oa: ....:; .- IL en ::J 0 en U ... .", ~ .. ~ . ..- " - ..,;; '). TIMOTHY JOSEPH WOOLFORD, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 99-124 CIVIL TERM LAURA SUZANNE WOOLFORD, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~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! 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 ofthe decree will be sent to me immediately after it is filed with the Protl1onotary. 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. 4- -11-9"'1 Date 326 419/99 :>- >D E n; ..:! "" 0:: ::5..- we: 0"" c..) ~-- ~):::'. t1:g <-.... """ :.:1:::1 ""'_..-- 60 en ""'''r/) LL 5:< UJ LL. r~-_,. -.J tL~ = tLJ j ~j u::... (L r-.:o)e- r:: """ -- v_. G\ =:; 0 0"\ <.) .' )>