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HomeMy WebLinkAbout03-2800SNELBAKER, BRENNEMAN & SPARE NEIL R. MCCOY, CRISTINA M. MCCOY, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. tS> ~ ~' ~ ~'d:x:~ CIVIL TERM CIVIL ACTION - LAW IN 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 claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P.C. By:. Attorneys for Plaintiff LAW OFFICES SNELBAKER, BRENNEMAN & SPARE NEIL R. MCCOY, CRISTINA M. MCCOY, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O ~ - & ?Oo CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT COUNT I - DIVORCE 1. Plaintiff Neil R. McCoy is an adult individual residing at 310 Hoy Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant Cristina M. McCoy is an adult individual residing at 310 Hoy Road, Carlisle, Cumberland County, Pennsylvania. 3. Both Plaintiffand Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiffand Defendant were lawfully joined in marriage on August 15, 1998 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. 6. Neither party is a member of the armed forces of the United States of America. LAW OFFICES SNELBAkER. BrENNEMAN & SPARE 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. The Plaintiff requests this Court to enter a decree of divorce. WHEREFORE, Plaintiff Neil R. McCoy requests this Court to enter a Decree of Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and Defendant. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9, inclusive, of this Complaint are incorporated by reference herein. 11. The Plaintiff and Defendant have legally and beneficially acquired property and debts during their marriage from August 15, 1998. 12. The Plaintiffand Defendant have not agreed as to any equitable distribution of the marital property and debts. WHEREFORE, Plaintiff Neil R. McCoy requests this Court to order equitable distribution of marital property and debts. -2- LAW OFFICES SNELBakER. BrENNEMaN & SPare WHEREFORE, the Plaintiff requests this Court to: (a) (b) (c) enter a decree of divome, divorcing the Plaintiff from the bonds of matrimony; order equitable distribution of marital property and debts; and order such other relief as this Court deems just and reasonable. SNELBAKER, BRENNEMAN & SPARE, P.C. Date: June 13, 2003 Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 {717) 697-8528 Attorneys for PlaintiffNeil R. McCoy -3- LAW Offices SNELBAKER, BRENNEMaN & SPAre VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Neil R. McCoy LaW OFFICES SNELBAKER, BReNNeMAN & Spare NEIL R. MCCOY, V. CRISTINA M. MCCOY, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT NEIL R. MCCOY 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 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 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. (Plaintiff) Date:- SNELBAKER BRENNEMAN & SPARE NEIL R. MCCOY, ¥. CRIST1NA M. MCCOY, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-2800 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker, Brenneman & Spare, P. C., being the attorneys for Neil R. McCoy, Plaintiff in the above captioned action in divorce; that on June 18, 2003, he did send to Defendant Cristina M. McCoy by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. 7099 3400 0004 5009 6837; that both the Complaint and cover letter were duly received by Cristina M. McCoy, the Defendant herein, as evidenced by the return receipt card for said certified mail dated June 19, 2003; that a copy of the aforementioned cover letter dated June 18, 2003 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true and LAW OFFICES SNELBAKER BRENNEMAN & SPARE correct to the best of his knowledge, information and belief. Keith O. Brenneman Sworn to and subscribed before me this 23th day of June, 2003. ~ - Notary"Public ~// ~ -2- SNELBAKER., BR-ENNEMAN ~ .SPAR_E ATTOtKNIEYS AT LAW MECHANICSBUR.G, PENNSYLVANIA 17055 June 18, 2003 Cristina M. McCoy 310 Hoy Road Carlisle, PA 17013 Re: McCoy v. McCoy No. 2003-2800, Cumberland County Dear Ms. McCoy: Enclosed please find a certified copy of a Divorce Complaint, the original of which was filed on June 16, 2003 with the Prothonotary of Cumberland County. ' Your~ truiy, KOB/sz Enclosure CC: Neil R. McCoy (w/enclosure) Keith O. Brenneman Certified mail, return receipt requested, restricted delivery, Parcel No. 7099 3400 5009 6837 EXHIBIT A LAW OFFICES SNEIBaKER. BRENNEMAN & SPARE m Postmark · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. ~icle ~dmssad to: Cristina M. McCoy 310 ~oy Road Carlisle, PA 17013 A, Received by (Please Print Clearly) C. ,J~i!~ture ~ ~- · "1_/~'u%~/~/~,'/~ I i ~ ~ f [] Addre~e~e D. is detivery address different from iter~l ? [] Yes If YES, enter delivery address b~w: [] No 3. Service Type ]~e~tified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insurad Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~ Yes 2. Article Number (Copy from ~ervice label) 7099 3400 0004 5009 6837 PS Form 3811, July 1999 Domestic R~urn Receipt 102595-00-M-0S~2 EXHIBIT B .POST-NUPTIAL AGREEMENT THIS AGREEMENT is made and entered into this /3 ~ day of 2004 by and between: , NEIL R. MCCOY of 110 N. Middlesex Road, Carlisle, Pennsylvania, party of the first part, hereinafter "Husband" AND CRISTINA M. MCCOY, of 185 Konhaus Road, Mechanicsburg, Pennsylvania, party of the second part, hereinafter "Wife" WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as the "parties") were married to each other on August 15, 1998 in Cumberland County, Pennsylvania and separated on July 24, 2003; and WHEREAS, the parties last resided with each other at 310 Hoy Road, Carlisle, Pennsylvania; and WHEREAS, the parties have accumulated certain assets and incurred certain debts during their marriage; and WHEREAS, the parties have two children of their marriage; namely Alexis M. McCoy, bom December 14, 1998 and Damon R. McCoy, bom May 19, 2001; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they have separated and now live separate and apart from each other; and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, on June 16, 2003 Husband commenced an action in divorce docketed to No. 2003-2800 in the Court of Common Pleas of Cumberland County, Pennsylvania (hereinafter called the "Divorce Action"); and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status and with respect to the terms and provisions of this Post-Nuptial Agreement and the meaning and legal effect thereof and have either obtained such advice or voluntarily and knowingly chosen not to do so; and; WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have corae to an agreement for the final settlement of their property and affairs, which they believe to be fair, just and equitable. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBI,E. The foregoing preamble and paragraphs are ~ncorporated by reference herein in their entirety. 2. MUTUAL SEPARATION. Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble nor interfere in any way with the other or with any person for associating with the other. 2 3. TANGIBLE PERSONAL PROPERTY. The parties declare and agree that they have voluntarily agreed to divide and distribute among themselves and have divided and distributed their personal property, furniture and furnishings with the exception of the following items which Husband shall deliver to Wife within 10 days of the date of this Agreement: 2000 Honda Rancher, one dryer, one television/vcr combo and either the swing-set or the savings bonds, as Wife shall select. The parties agree that each shall own and possess the personal property in their possession free and clear of any claim, right or use of the other. The parties acknowledge and agree that the division and distribution of property as set forth above has occurred whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. The parties declare and acknowledge that they are fully aware and familiar with all assets and property that each has brought into the marriage and that has been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any valuation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance with this Agreement by the other party and hereby declares and acknowledges that the voluntary division by them of all property, whether marital or not, is fair and equitable. 4. MARITAL RESIDENCE. Husband and Wife acknowledge that they acquired during their marriage real property improved with a residential dwelling located at 310 Hoy Road, North Middleton Township, Carlisle, Pennsylvania (the "marital residence"). The parties acknowledge that the marital residence has been sold and the net proceeds of the sale have been equally divided between them to their mutual satisfaction. 5. AUTOMOBILES. The parties acknowledge that they acquired during their marriage a 2002 Ford Explorer which is leased from Ford Credit under a lease agreement signed by both of them. The parties agree that Wife shall have exclusive use and possession of the 2002 Ford Explorer. Husband agrees to pay one-half of the monthly lease payments from October to January 2004 in the amount of $225.00 each month for a total of $900.00 and Wife agrees to pay and be solely responsible for the balance of the monthly lease payments and all remaining lease payments and expenses and for performing all lease obligations. Wife agrees to indemnify and hold Husband harmless of and from any and all liability and claims in any way relating to or arising from the lease and her use of the 2002 Ford Explorer. and for performan. The parties acknowledge that Husband owns and has owned prior to their marriage a 1969 Camaro. The 1969 Camaro shall remain the sole and separate property of Husband free of any claim, right or interest of Wife. 6. BANK ACCOUNTS. The parties agree that all bank accounts held or owned by them jointly or solely have been divided to their mutual satisfaction. The two separate accounts under the names of each of the parties' children at Members 1 st Federal Credit Union which are jointly owned by the parties shall be owned by Wife only, but shall be maintained by her for the use and benefit of the respective child. Husband agrees that he shall remove his name from these two accounts within I 0 days of the date of this Agreement. 7. STOCK AND INVESTMENT ACCOUNTS. Husband is the sole owner of 6.170 shares of Lowe's Companies, Inc. common stock having a vaiue as of May 2003 of $274.35. Wife is the owner of 12.589220 shares of Computershare common stock having a value of $209.74 as of March 2003. The parties agree that each shall continue to own all such stock in their sole names free of any claim right or interest of the other. 4 Wife acknowledges that she is the custodian for Alexis M. McCoy of common stock of Johnson & Johnson. Wife agrees to keep and maintain said s~Iock for the use and benefit of Alexis and Husband waives and releases any claim, right or interest therein that he may have. 8. LIFE INSURANCE. Wife maintains a variable uni[versal life policy on her life with a death benefit of $150,000 with Massachusetts Mutual Life Insurance Company and Husband has a term policy with Massachusetts Mutual Life Insurance Company having a death benefit of $288,000. Each party waives and releases any claim, right or interest each has in the policy or policies of insurance of the other and each party is and shall be free to continue or discontinue such insurance as he or she shall decide. 9. DEBTS AND LIABILITIES. The parties acknowledge and warrant that with the exception of any amounts due under the lease agreement for the 2002 Ford Explorer noted in Paragraph 5, above, all debt of the parties, whether joint or individual, has been paid from the proceeds of the sale of the marital residence. 10. FUTURE OBLIGATIONS. The parties agree that any and all obligations incurred subsequent to July 24, 2003 shall be the sole and separate liability and responsibility of the party incurring the obligation and each party agrees that he/she will not incur or attempt to incur any obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all liability arising from such future obligation. 1 I. _CUSTODY. The parties agree that they will use their best efforts to reach a mutually acceptable custody arrangement with respect to their two children. 12. PENSION, RETIREMENT PLANS, BENEFITS. Each party waives and releases the other from any and all claims which either may have against the other's employee benefit or benefits. Husband releases any and all claims he has against Witle's PSERS retirement benefit as a result of her employment as a teacher in the Cumberland Valley School District and agrees that Wife can discontinue all coverage provided Husband through Wife's health insurance through her employment until the parties divome is finalized. 13. SELF-EMPLOYMENT. The parties each waive and release the other from any and all claims which either may have against the other with respect to businesses engaged in by the other; specifically, Husband releases any claim he has with respect to Wife's business of the sale of Longaberger products and Wife releases any claim she has with respect to Husband's construction work. 14. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE Each party waives and releases the other party of and from any and all claims which either may have against the other for spousal support and for claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, eq!uitable distribution of marital property, counsel fees, cost and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 15. COUNSEL FEES. Each party to this Post-Nuptial Agreement shall be responsible for paying his or her own counsel fees and related costs associated with the negotiation, execution, consummation and compliance with the provisions of this Agreement. 16. DIVORCE. The parties agree to terminate their marriage by mutual consent without counseling and each agrees to execute concurrently with this Agreement the necessary affidavits, waivers and consents to procure a consensual divorce under the provisions of the Pennsylvania Divorce Code, with such documents to be filed in the Divorce Action. 6 17. TAX IMPLICATIONS AND MATTERS. Husband and Wife agree that Wife may claim Damon R. McCoy and Husband may claim Alexis M. McCoy as a dependent for federal income tax purposes for 2003 and thereafter. The parties agree that they shall divide equally and each claim one-half of the mortgage interest applicable to the marital residence for the 2003 tax year. In the event it is determined that there is any future tax liability of the parties, which liability relates to any year the parties were married and filed jointly, then in such event, the parties will contribute to the payment of such liability in proportion to their respective incomes for the year to which such liability pertains. The parties hereto agree to retain all tax returns pertaini[ng to the years of their marriage for a period of five (5) years after the date of this Agreement. 18. GENERAL RELEASE. Husband relinquishes his J[nchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herse, lf, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. 19. _SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post- Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divome, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the 7 Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 20. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post- Nuptial Agreement. 21. BREACH; INDEMNIFICATION. If either party hereto breaches any provision hereof, then the nonbreaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. Each party agrees and covenants to indemnify and hold harmless the other party from any and all liability and/or claims and/or damages and/or expenses (including attorneys' fees and expenses of litigation) that the indemnitee may sustain or may become liable or answerable irt any way whatsoever, or shall pay upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of indemnitor under this Agreement, including, but not limited to,, indemnitor's obligation to make any payment provided for herein. 22. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been fumisl~ted with all information 8 relating to the financial affairs of the other to the extent same has been requested by each of them. 23. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 24. WAIVER/MODIFICATION. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. This Agreement can only be modified in writing executed by both parties hereto. 25. APPLICABLE LAW.. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 9 26. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. 27. EFFECTIVE DATE. This Agreement shall be dated and become effective on the date when executed by the latter of the two parties. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: Neil R. McCgy ) ~ Date: .~/, $/,~t~ (SEAL) Cristina M. McCo ~ . &i J Date: o~/d~/O / I0 LAW OFFICES SNeLBAKER. BrenNEMAN & SPARE NEIL R. MCCOY, V. Plaintiff CRISTINA M. MCCOY, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-:2800 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301 (CD OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on Iuly 16, 2003. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to :equest entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unswom falsification to authorities. Date: April 30, 2004 Nell R. McCoy, P~ 'qEIL R. MCCOY, Plaintiff CRISTINA M. MCCOY, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-2800 CIVIL TERM : : CIVIL ACTION- LAW : 1N DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on 16, 2003. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to :equest entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: ~C~i~ti{aa M.'I~c~C~)y, Defe~16nt LAW OFFICES & SPARE LAW OFFICES SNeLBAKER. BRENNEMAN & SPARE NEIL R. MCCOY, Plaintiff CRISTINA M. MCCOY, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2800 CIVIL TERM : CIVIL ACTION- LAW : IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce: is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date: April 30, 2004 LAW OFFICES SNELBAKER, BRENNEMAN & SpAre NEIL R. MCCOY, V. Plaintiff CRISTINA M. MCCOY, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2800 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce, is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this affidavit are true and correct. ! understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: Cri~til]a IVl. McCoy, Detbn~ MCCOY, M. MCCOY, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBEKLAND COUNTY, PENNSYLVANIA : NO. 03~2800 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and manner of service of Complaint: by certified mail, restricted delivery on on June 19, 2003 (see Affidavit of Service filed June 24, 2003). 3. Date of execution of the Affidavit of Consent rcquired by Section 3301(c) of the 2ode: by the Plaintiff: April 30, 2004; by the Defendant: April 29, 2004. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: 2004; by the Defendant: April 29, 2004. 5. Related pending claims: None. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE May 4, 2004 SNELBAKER, BRENNEMAN & SPARE, p. C. By: ~~ Attorneys for Plaintiff IN THE COURT OF COMMON NEIL R. MCCOY, Plaintiff VERSUS CRISTINA M. MCCOY, Defendant OFCUMBERLANDCOUNTY STATE OF ~% NO. PENNA. PLEAS 03-2800 CIVIL AND NOW, DECREED THAT AND DECREE IN DIVORCE NEIL R. MCCOY CRISTINAM. MCCOY 2004 , iT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURiSD[CTiON Of THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR W~iCH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~ None. The parties' Post-Nuptial Agreement dated February 13, 2004 is incorporated but not merged into this Decree. PROTHONOTARY