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HomeMy WebLinkAbout99-03342 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY (i STATE OF PENNA. YVONNE MARIE STAUNCH-TWIGG N O. 99-3342 CIVIL VERSUS BRADLEY GORDON TWIGG DEGREE IN DIVORCE AND NOW,_?JCLG?-iL O 1:?_ IT IS ORDERED AND DECREED THAT WONNE MARIE STAUNCH-IMIGG AND BRADLEY GORDON TWIGG ARE DIVORCED FROM THE BONDS OF. MATRIMONY. , PLAINTIFF, DEFENDANT, 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; PROPERTY SETTLEMENT AGRE041M FILED OF RECORD INFO DIVORCE DECREE BUT NOT MERGED. BY THE C J. PROTHONOTARY- . ?., ? . ?0.?•??'t2? L?V'T [A??i /d7.?/rJ?? ? ? ?:-J /L?L? ??iG/? 4?- 3 Nd, Goy Properfg,9efflemenf &Agreemenf r AGREEMENT MADE this e day of lI ? , 2000, by and between YVONNE MARIE STAUNCH TWIGG ("Wife") - AND - BRADLEY GORDON TWIGG ("Husband"). WHEREAS, the parties hereto are husband and wife having been married on June 23, 1989 in Maryland. WHEREAS, one child was born of this marriage. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating 11 to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable Pagel of 12 consideration, receipt of which is hereby acknowledged by each of the parties, Husband and Wife, each intending to be legally bound hereby , covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall. at all times hereafter have the right to live separate and apart: from each other and to reside from time to time at nuch place or places as they shall respectively deem fit:, free from any control, restraint, or interference whatsoever by t:he other. Neither party shall molest the other or endeavor to compol the other to cohabit or dwell with him or her by any loyal or other proceedings. The foregoing provision shall. not be takana to he an admission on the part of either Husband or Wi.fc: of the Lawfulness or unlawfulness of the causes leading to tho.ir living ;:apart. The parties acknowledge ghat a divorce action has been filed in the Court of Common Pleat; of Cumberland County, Pennsylvania at Docket No. 99-3342 Civil. 71he parties agree that they will execute Affidavits of Consent: in the aforementioned matter. 2. piviaion of gronorfty. The parties have divided between them to their mutual :aati.nfacti,on, all personal effects, bank accounts, hou!ivho.ld furniture and furnishings and other items of personal prol:n:rty which have heretofore been used by them in common. Page 2 of 12 - In lieu of Wife seeking to obtain Husband's profit sharing plan with Boscovs, or a portion thereof, Husband agrees to pay to Wife an amount equal to $5,000.00 payable in equal monthly payments of $150.00 per month due on or before the 15" day of each consecutive calendar month until the entire $5,000.00 has been paid with the first payment due on or before August 15, 2000. 3. Additional Documentation. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 4. Transfers Subiect to Existing Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 5. Representations and Warranties. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 6. Equitable Division. By this Agreement the parties have Page 3 of. 12 intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to 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 martial estate. It is the intention of the parties to treat all transfers herein as non-taxable. 7. Relinquishment of Rights. Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets in possession of Wife, and Wife forever relinquishes any right, title or interest she may now or hereafter have in any tangible or intangible assets in possession of Husband. 8. After-Acquired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be their real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 9. Debts. Husband and Wife shall each be solely Page 4 of 12 responsible for all debts in their respective names, including but not limited to personal loans, charge accounts and credit cards. Both parties represent and warrant to the other that as of the date of separation they have not incurred, and in the future will not contract or incur, any debt or liability for which the other or the estate of the other might be responsible. 10. Liabilities. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all other debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Both parties acknowledge that neither has, as of the date of separation, contracted nor incurred any debt or liability for which the other or his or her property may be responsible, and each agrees to indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees. 11. Each Party Retains Own Pension /Retirement Plana. Each Page 5 of 12 of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 901-k Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan or Military Retirement Plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan (military or otherwise), Savings Plan, Tax Deferred Savings Plan and/or other employee benefit plan except as identified in Item 2, shall become the sole and separate property of the party in which name or through whose employment said plan is carried. 12. Counsel Fees, Costs and Expenses. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 13. Alimony. In exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal Page 6 of 12 support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division or assignment of property or similar marital rights. 14. Full Disclosure. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement- is specifically waived. 15. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. Page 7 of. 12 16. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, i or other liability, other than described in this Agreement, on r which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which Page 8 of 12 i I? I ' might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 17. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 18. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and 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. 19. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the Page 9 of 12 right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 20. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 21. Modification. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 22. Severability. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 23. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 24. AAcreement Not to be Merged. This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as Page 10 of 12 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF IP C F ?L Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Yvonne Marie Staunch Twigg, who being duly sworn according to law deposes and says that she is a party to the foregoing Agreement and she executed same for the purposes therein contained. Witness my hand and seal this 2-0 day of JC' [,/ , T 2000. Notary P lic v My Commission Expi es ?Btl p. NotLarachnm4nl Soal , Nr:,+ry Pubtls ermltngD, Wi=r County My Comm:-"S 11 Exrircc Ac.0. 7.&. 2001 Memto.P:m; r,a;¢rr: c'c'17717 77 COMMONWEALTH OF PENNSYLVANIA SS. CVVi'1rY OF GAfmbPIL Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Bradley Gordon Twigg, who being duly sworn according to law deposes and says that he is a party to the foregoing Agreement and he executed same for the purposes therein contained. Witness my hand and seal this X7_ day of Z 2000. L1, ..;' N ry Public My Commission Expires: Notarial Seal Judith A. Muria, Notary Public Camp HID Bbto, Cumborland Cnun My CommL:sIon Expires May 10. 2!' 3 hbmber, PmtyWNa Asr ociabw a& N,;.: Page 12 of 12 amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract and including an action for contempt of court should Husband fail to make payments to Wife as identified in paragraph 2. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness: Page 11 of 12 RADLEY G9 DON TWIGG -? - ?' : _ i - _i <J YVONNE MARIE STAUNCH TWIGG, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION BRADLEY GORDON TWIGG, NO. 99-3342 CIVIL 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: 1. Ground for Divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified Mail served on Bradley Twigg on June 7, 1999. 3. Defendant executed the Affidavit of Consent required by § 3301(c) of the Divorce Code on August 9, 2000. Plaintiff executed the Affidavit of Consent required by § 3301(c) of the Divorce Code on August 9, 2000. 4. There are no related claims pending as property issues were resolved by signed and filed Property Settlement Agreement. Page ]. of 2 5. Date Plaintiff's Waiver of Notice in § 3301(c) Divorce as filed with the Prothonotary August 15, 2000. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary August 15, 2000. Law office of Michael D. Rentschler, P.C. Dated: August 29, 2000 r --? MICHAEL D. ENTSCHLER, ESQUIRE Attorney for Plaintiff 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 Supreme Court ID No. 45636 Page 2 of 2 ?y _ . ? ? I ? If._1 .. 1.1 j r ? )¢. ,[ I:J _,1 /1 ^' i:/ C_: ' C_ r'-i ?'.) YVONNEMARIE STAUNCH-TWIGG, Plaintiff VS. BRADLEY GORDON TWIGG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. W :3.3 y,-2 41e-: IN DIVORCE NOTICE TO DFFFND 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 marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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. Court Administrator Cumberland County Courthouse Courthouse Square, Fourth Floor Carlisle, PA 17013 (717) 240-6200 YVONNEMARIE STAUNCH-TWIGG, Plaintiff VS. BRADLEY GORDON TWIGG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. R9• 33 V.2 &tj 7..rti,...- IN DIVORCE NOTICE OF RIGHT TO COL1N ELING You are one of the parties in the above-captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013-3387. Prothonotary i YVONNEMARIE STAUNCH-TWIGG, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION BRADLEY GORDON TWIGG, : NO. 9 9 - 3 3 V a Defendant IN DIVORCE CONSOLIDATFll COMPLAINI IN DIVORCE 1. Plaintiff is YVONNEMARIE STAUNCH-TWIGG, a citizen of Pennsylvania, residing at 5169 Trindle Road, Lot 41; Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is BRADLEY GORDON TWIGG, a citizen of Pennsylvania, residing at 300 Ramsey Park, No. 220, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are stiff iuris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on June 23, 1989 in Maryland. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The Plaintiff has been advised of the availability of counseling and of the right to I request that the Court require the parties to participate in counseling. COUNTI Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. (`. L?'l ii Request for Divorce S' ac rretrievable Breakdown Under 33G1(4? ni'the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The marriage of the parties is irretrievable broken. 15. After a period of two (2) years has elapsed from the date of separation, Plaintiff 2 intends to file her affidavit of having lived separate and apart. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed her affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. COUNT III Request for Divorce Due to Indignities Under 3301(a)(5) of the Divorce Code 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. Defendant has caused such indignities as to make the marriage unduly burdensome and intolerable. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(a)(5) of the Divorce Code. COUNT IV Request for Equitable Distribution of Marital Property Under 3104, 3323, 3501, 3502 and 3503 of the Divorce Code 19. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 20. Plaintiff and Defendant have acquired property, both real and personal during their 3 marriage from the date of said marriage until the date of their separation. 21. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital property of the parties, pursuant to 3104 and 3502(a) of the Divorce Code. COUNT V Request for Alimony Pendente Lite, Alimony Under the Divorce Code 22. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 23. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 24. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. Respectfully submitted, LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. -r Michael D. Rentschler, Esquire Attorney for Plaintiff Supreme Court I.D. #45836 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 YME14:AIM 1, YVGNNL'SIARIE S'l'Al'Nl'1I-TWIGG, verify that the statements made in the Complaint are true and correct. I understand that false statements herein arc made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Y QNNEhfA ' STADNCII-TWIGG, 11---\ aintiff CERTIFICATE OF SERVICh; I, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a copy of the foregoing document by Certified Mail, Return Receipt Requested to: BRADLEY GORDON TWIGG 300 Ramsey Park, No. 220 New Cumberland, PA 17070 Date: MICHAEL D. RENTSCHLER, ESQUIRE Attorney for Plaintiff of ?. C7 S? MCI; ? U o, M o 'U No. 99-3342 Civil Term CERTIFICATE OF SERVICE OF THE COMPLAINT ENDE Complet m e Complet y r Print you card yy h lh ?- 0 Attach ? ppermit. • W dto 'R m •7ho Raft tlallverec o 3. Article v I; - Items 1 and/or 2 for additional services I also wish to receive the . items 3. 4a, and 4b. IOIIOWIO g services (for an name and address on the reverse of this form so that wo can return this extra fee): U. I form to the front of the mallpiece, or on the back if space does not 1. ? Addressee's Address 'um Rocoipf Requested' on the mallpiece below the article number. 2. ? Restricted Delivery n Receipt wtll show to whom the article was delivered and the date Consult postmaster for fee.. Addressed to: 4a. Article Number 2'<v ES C T ? o :2 a c , , ? ` 4b Service Type E . J 3oa ?1A.+nsc P eF 2? . ? Registered N Certified O y a o r J O l('r'^1 14?c-?YV/liu.? /r4 /76 ;0 1:1 Express Mail ? Insured ? Return Receipt for Merchandise ? COD OF . 7. Date of Delivery 2 JUN - 7 Inn . Recelved u : (Print Name / ) 8. Addressee's Address (Only i/requested and fee is aid Y a - r p ) 6. Signature: (A dress a or Agent i . =' PS Form 3811, D ember 1994 102595-9e-00229 Domestic Retum Receipt -? i ,_ i ?_ -., ... .1 .?J Y1 Q 7 :... ?l 1 ._) l? YVONNE MARIE STAUNCH TWIGG, Plaintiff VS. BRADLEY GORDON TWIGG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 99-3342 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on June 3, 1999 and was served upon the Defendant on or about June 7, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree of divorce after service of a Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Dated. i Y y. C.) 2 1 f.C:'. .. T.7 - CJ '' n c r ;n U YVONNE MARIE STAUNCH TWIGG, Plaintiff VS. BRADLEY GORDON TWIGG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 99-3342 CIVIL IN DIVORCE 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. I verify that the statements made in this Affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. Date: Ail* IJ,d`=: O SP y f7][ 1.1_ r1 '1. YVONNE MARIE STAUNCH TWIGG, Plaintiff VS. BRADLEY GORDON TWIGG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 99-3342 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT I i 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on June 3, 1999 and was served upon the Defendant on or about June 7, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree of divorce after service of a Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and 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: d ?- 00 J BRADLEY DO Defendant c„ c t, ci q c_v : ;_t ti YVONNE MARIE STAUNCH TWIGG, Plaintiff VS. BRADLEY GORDON TWIGG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : NO. 99-3342 CIVIL, IN DIVORCE 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. 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.A. § 4904 relating to unswom falsification to authorities. Date: 9 'UU ??w"? _ BRADLEY GORDON TNVIgG, Defendant ( f.r1 :J f..."' ?r 117 ?:. J c3 ti lL cL ? v o -? U .< a YVONNE MARIE STAUNCII TWIGG, Plaintiff vs. BRADLEY GORDON TWIGG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 99-3342 CIVIL IN DIVORCE PAALCIPP, TO TRMBXIT xrnnn TO THE PROTHONOTARY; Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for Divorce: Irretrievable breakdown under S 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified Mail served on Bradley Twigg on June 7, 1999. 3. Defendant executed the Affidavit of Consent required by 3301(c) of the Divorce Code on August 9, 2000. Plaintiff executed the Affidavit of Consent required by § 3301(c) of the Divorce Code on December 11, 2000. 4. There are no related claims pending as property issues were resolved by signed and filed Property Settlement Agreement. Page 1 of 2 5. Date Plaintiff's Waiver of Notice in § 3301(c) Divorce as filed with the Prothonotary December 12, 2000. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary August 15, 2000. Law Office of Michael D. Rentschler, P.C. ML? EL D. RENTR, ESQUIRE Attorney for Plaintiff 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 Supreme Court ID No. 45436 Page 2 of 2 r' I .1`J i."i; .. C\J G": 21 YVONNEMARIE STAUNCH-TWIGG, Plaintiff V9. BRADLEY GORDON TWIGG, Defendant IN THE COURT' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION NO. 99-3342 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE. 1. 1 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. 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.A. § 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. c Date: UC)b OY\ \ ?L ( t AVONNEMARMW S CH-TWIGG, aintiff :? ? _. ? . F-- v; `? 1.141 ?_,I C\1 ! ? ?3_.. ?'1 _.- U. ?_??? u..... S •_ ..J ??i C..' ' . ;.'J t:J ;: c r, i y C> L ? V YVONNEMARIE STAUNCH-TWIGG, Plaintiff VS. BRADLEY GORDON TWIGG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 99-3342 IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on June 3, 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. 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. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Dated: I- ~ u1'. r ' N ?. L't.. L7 -iJIG ? U YVONNE MARIE STAUNCH-TWIGG, Plaintiff V. BRADLEY GORDON TWIGG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-3342 CIVIL TERM ORDER OP COURT AND NOW, this 30a' day of October, 2000, upon consideration of the praecipe to transmit record filed in the above-captioned matter, and it appearing that Plaintiff's affidavit of consent was filed more than 30 days after its execution, a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiency and file a new praecipe to transmit record. BY THE COURT, Michael D. Rentschler, Esq. 1300 Market Street Suite 200 Lemoyne, PA 17043 Attorney for Plaintiff vC, - 7 0. // ?_ J? esley Olei,-J ., J. 00> :rc ?I. Y 000CT ?u I?r( ;;: ?? CL'4i5r? F7NNSi41• Vi1 ? l . i?