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HomeMy WebLinkAbout99-05418v h NJ. N'r `1 •:O • :? • Cf:• •:6..y`. .:f:• {f: •:? ? :? • :E• •:? • •b:• Cf;..,y;• •:f:• :fi SO • •:? • :f; •:? • : ' :f} .:? •.':f:• ;C•. ;?. :? • :f;• :f'•: :?•:'•y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF r` PENNA. i i RICHARD K. RENSI i i i i q i i! Plaintiff Voisu., CAROL A. RENSI Defendant \tt 99-5418 DECREE IN DIVORCE -z-JVV AND NOW . ...........0-t l.. i1...... , +9' . , ... , it is ordered and decreed that .RICHARD K..REN.SSI ....... ..................... • Plaintiff, and ....CAROL .A...REN51 ...................................... 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 t{ been entered; 'ii NONE i ? ................ By ?lnhe Co'U iv Attest; . J, ((.??•• Prothonotary /ay -W lw. W. .A:• •'A:• W. •:1:• -X W. •:f: M. W. •:fi {f:• :f:• :f:• :f: •:Y? :Y? •Y:• •:fi •:e:• :e:• W. :f:- W. :r• •A• {A i i s ?fv 3 'r // -0e) ezb? /- qw,4? -3? IN THE COURT OF COMMON PLEAS RICHARD K. RENSI Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CAROL A. RENSI CIVIL DIVISION Defendant NO. 99_5418 CIVIL TERM 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) 3a"kR 110kttne7t3M=ftdetx (Strike out inapplicable section). 2. Date and manner of service of the complaint: 9/3/99, us mail Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: byplaintiff-,/3/nn ; by defendant 1.2/29/99 (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: NONE 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 1/5/00 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 1/5/00 / l ?? RICHARD K. RENSI, Plaintiff V. CAROL A. RENSI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE 99-15418 PROPERTY SETTLEMENT AGREEMENT This Agreement is hereby made and entered into this o?? day of t , 1999, by and between RICHARD K. RENSI, "Husband;" and CAROL A. RENSI, hereinafter "Wife." Witnesseth: Whereas, marital differences and difficulties have arisen between the Parties, and Whereas, Parties have separated physically and intended to continue to live apart and desire to forever completely settle, determine and provide for the support of Wife, separation of their marital and nonmarital, real and personal, belonging to either and/or both of the parties hereto and all other rights, entitlements, benefits, and privileges involved between the parties hereto arising directly or indirectly out of the marriage relationship, and Whereas, Parties have had adequate time and opportunity to consult with separate legal counsel of their own, and Whereas, both Parties acknowledge that they are satisfied with the legal advice they have received and understand the full importance of the Agreement they are entering into; Now, Therefore, the parties, in consideration of the foregoing premises, and the mutual promises and undertakings hereinafter set forth, agree as follows: 1. RIGHT TO LIVE SEPARATE It shall be lawful for Husband and Wife at all times hereinafter to live separate and apart from each other and to reside from time to time at such place or places as he and RKR PIKP CAR C Ark Page 1 of 13 she shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. The foregoing provisions shall not be taken to be any admission on the part of either Husband or Wife of the !awfulness or unlawfulness of the causes leading to their living apart. 2. FREEDOM FROM INTERFERENCE Each party shall be free from interference, authority and contact by the other as if he or she were single and unmarried except as necessary to carry out provisions of this Agreement. Neither party shall harass the other or attempt to endeavor to harass the other, nor compel the other to cohabit with the other, or in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DISTRIBUTION OF VEHICLES Wife shall assume all payments, including all loan, insurance and repair bills connected with any vehicles presently in her possession including, but not limited to, her 1996 Saturn. Husband shall assume all payments, including all loan, insurance and repair bills connected with any vehicles presently in his possession including, but not limited to, his 1987 Dodge Dakota. 4. DISTRIBUTION OF POSSESSIONS As of the date of the execution of this Agreement, the parties shall transfer and assign their rights, title, claim and interest in specific property. Wife shall have as her own, free and clear of any claims of Husband, all of the items, household goods, furniture, furnishings, appurtenances, and appliances which are in her possession. Husband shall have as his own, free and clear of any claims of Wife, all of the items, household goods, furniture, furnishings, appurtenances, and appliances which are in his possession. 5. DISTRIBUTION OF PERSONAL PROPERTY It is further agreed that both Husband and Wife shall retain as his or her own any and all personal effects, clothing, and personal jewelry. The parties further agree that any property not assigned in this Agreement as marital or nonmarital property will be deemed RKR gj:?P- CAR QK)g Page 2 of 13 the property of the physical possessor of said property. 6. RETIREMENT ACCOUNTS The parties shall keep all IRA's, 401k's and other retirement accounts which are held in their names as personal property, free and clear of claims from the other party. 7. JOINT ACCOUNTS The parties shall stop using all joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each parry shall take those steps necessary to have the other removed as a responsible party from such accounts. The parties further specifically agree that all bank, savings, cash and checking accounts shall become the sole property of party named on the account. 8. MARITAL LIABILITIES Unless otherwise set forth herein, Wife assumes full responsibility for any indebtedness which she has contracted or incurred in her name, alone or jointly, after the date of separation. Unless otherwise set forth herein, Wife represents and warrants to Husband that, since the filing of the divorce action, she has not contracted or incurred any debt or liability, for which Husband or his Estate might be responsible, and shall indemnify and save Husband harmless from any and all claims or demands made against him or his Estate by reason of debts or obligations incurred by Wife and/or assumed herein. Unless otherwise set forth herein, Husband assumes full responsibility for any indebtedness which he has contracted or incurred in his name, alone or jointly, after the date of execution of this Agreement. Unless otherwise set forth herein, Husband represents and warrants to Wife that, since the filing of the divorce action, he has not contracted or incurred any debt or liability, for which Wife or her Estate might be responsible, and shall indemnify and save Husband harmless from any and all claims or demands made against her or her Estate by reason of debts or obligations incurred by Husband and/or assumed herein. All obligations currently being paid by Husband shall be deemed the continuing obligation of Husband until said obligation is paid in full. All obligations currently being paid by Wife shall be deemed the continuing RKIR CAR 'ne Page 3 of 13 obligation of Wife until said obligation is paid in full. Notwithstanding the foregoing, Husband agrees that he shall be responsible for the parties' outstanding obligation to PPBL with has a current balance of approximately $600.00. 9. OTHER MARITAL ASSETS During the course of this marriage, the parties purchased a marital residence located at 3 Hill Drive, Carlisle, Pennsylvania. The parties have agreed that Husband shall assume sole ownership of said martial residence. Husband shall assume all liabilities and expenses associated with said property after the date this Agreement if fully executed. Husband shall hold wife harmless from any obligation associated with this residence. Wife shall, upon Husband's refinancing of the present mortgage and the removal of Wife as obligor on the existing mortgage, execute a deed in favor Husband. The Parties hereto agree that based on the provisions of this Agreement, Husband shall pay to Wife the sum of Seven Thousand Eight Hundred Dollars ($7,800.00). The Parties hereto agree that said amount shall fully and sufficiently provide for Wife's needs based on an equitable distribution of the marital assets and debts. Said payment to Wife shall be made in the following manner: a) Husband shall provide Wife with 80% of his net bonus payment from his employer in August of 1999, which shall equal $2,407.00. b) Husband shall provide Wife with 80% of all future net bonus payment from his employer until the total obligation is paid in full. c) In the event, Husband has not paid the balance of the obligation by December 31, 2000, on that day, Husband shall be required to remit the balance in full to Wife. 10. TAX LIABILITY The parties hereto believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of property. Each party promises not to take any position with RKR CAR A? Page 4 of 13 respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax return 11. MUTUAL RELEASE Subject to the provisions of this Agreement, each party waives his or her right to alimony any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with Pennsylvania's Divorce Code. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all caused of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for divorce and except any or all caused of action for any breach of any provision of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Pennsylvania's Divorce Code. 12. ALIMONY Both parties mutually waive all spousal support or alimony from the other. Both parties acknowledge and agree that the provisions of this Agreement providing for the waiver of alimony are fair, adequate and satisfactory based on actual need, ability to pay, duration of the marriage and other relevant factors taken into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction in connection with this action in divorce filed by Husband or Wife shall be deemed an order of the court any may be enforced as such, this Agreement, insofar as it pertains only to spousal support and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated or reinstated at the instance of request of either party, or subject to further order of any court upon changed circumstances. Upon that condition, both parties hereby accept the provisions in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for spousal support or alimony and both parties voluntarily and intelligently waive and relinquish any rights to R CAR > Page 5 of 13 seek a modification, suspension, termination, reinstatement, or other court order with respect to the terms of this Agreement pertaining to the payment of support or alimony. 13. ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES Both parties hereby acknowledge and accept that the provisions of this Agreement providing for the equitable distribution of marital property are fair, adequate and satisfactory to them. Both parties agree to accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees any expenses during and after the commencement of any divorce proceeding between the parties. 14. INCOME TAX RETURNS Husband and Wife agree to individual tax returns for 1999 and thereafter until their divorce is final. Each parties shall solely responsible for any and all Federal, State and Local tax liability beginning in 1999 and thereafter. Each parties shall have the exclusive right to any and all refunds based on their Federal, State and Local tax returns beginning in 1999 and thereafter 15. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the martial relationship, including, without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. R CAR Page 6 of 13 16. AGREEMENT NOT PREDICATED ON DIVORCE It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. 17. SUBSEQUENT DIVORCE There shall be a divorce filed by Husband against Wife in Cumberland County. The parties hereby mutually consent to a divorce and the entering of a divorce decree on the no-fault grounds that their marriage is irretrievably broken pursuant to §3301(c) of the Pennsylvania Divorce Code. Parties herein shall execute Affidavits of Consent and a final decree in divorce will then be obtained. 18. BREACH AND ENFORCEMENT If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach, and the breaching party shall be responsible for the payment of all costs and reasonable legal fees incurred by the other party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either party in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity RKR P-90- CAR C 1t Page 7 of 13 over agreements such as this one. 19. RE-ACKNOWLEDGMENT Each party acknowledges that it may be appropriate and required that this Agreement be re-acknowledged at some time in the future before the Clerk of the Commonwealth Court, Clerk of Orphans Court or some other Court, and each party agrees that they will re-acknowledge their signature before the Clerk of such Court upon request of the other party so that this Agreement may comply with the acknowledgment rules and provisions of any such Court. 20. ADDITIONAL INSTRUMENTS Each of the parties hereto agrees that he or she will join in the execution, acknowledgment and delivery of any deed or other document which may be reasonably necessary to carry out the intent of this Agreement. Nothing contained in this section shall affect the right of one party to expressly include or exclude, as the case may be, the other party as beneficiary in any will, insurance policy or other document whether the same is presently in effect or would become effective in the future. 21. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective legal representatives, and each party acknowledges that the 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 no the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or their respective counsel. 22. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are not representations, warranties, covenants or undertakings other than those expressly set forth herein. RKR CAR Page 8 of 13 23. DISCLOSURE Each of the parties hereto acknowledges that there has been full disclosure of all relevant matters of each party to the other party, that each of the parties is fully cognizant of his and her legal rights and liabilities with respect to the terms and conditions of this Agreement, that he and she understand the legal effect of this provisions of this Agreement and acknowledge that this Agreement is fair and equitable to each of the parties hereto, and that this Agreement was entered into voluntarily and without any undue influence or duress upon either party hereto. 24. MODIFICATION AND WAIVER This Agreement shall constitute a full, complete, and total binding Agreement between the parties concerning support, maintenance, alimony and property settlement, and is precluded from modification EXCEPT if the parties specifically agree to modify this Agreement. Any and all modifications to this Agreement shall only be by written agreement containing the same formalities as this Agreement and shall exhibit the notarized signatures of both parties, along with two witnesses. The parties specifically agree that they may rescind this Agreement only by written agreement containing the same formalities as this Agreement which shall exhibit the notarized signatures of both parties, along with two witnesses. Any waiver of a breach of any provision of this Agreement shall not constitute an ongoing waiver. 25. PRIOR AGREEMENTS This Agreement constitutes the entire understanding and agreement between the parties hereto, and there are no other representations, warranties, covenants, understandings or agreements other than those expressly set forth herein. 26. INCORPORATION INTO DECREE OF DIVORCE Unless as otherwise provided herein, this Agreement shall be incorporated in and made a part of any Decree that might be entered in any dissolution proceeding between the parties hereto upon the filing by either or both parties of an executed copy of this Agreement in such action and same may be incorporated by reference into any such RKR CAR cAc Page 9 of 13 Decree or court order. 27. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 28. INDEPENDENT AND SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto, that each paragraph shall be deemed a separate and independent covenant and agreement. 29. APPLICABLE LAW This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 30. VOID CLAUSES If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects, this Agreement shall be valid and continue in full force, effect and operation 31. AGREEMENT BINDING ON HEIRS This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. 32. EFFECTIVE DATE This Agreement shall be considered to be effective at 12:01 a.m. on the date set forth on page one of this Agreement. REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK RKR CAR rA'kc Page 10 of 13 In Testimony Whereof, witness the signature of the parties hereto this 2 Z day of dCi!o? W 1999. l fitness AE RIC ARD NS CAROL A. RENSI RKR AKP- CAR c!i Z Page 11 of 13 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the 22 day of Oct- , 1999, before me, a Notary Public, personally appeared CAROL A. RENSI and in due form of law acknowledged the foregoing Property Settlement Agreement to be her act and deed, and desired that the same might be recorded as such. Sworn to and subscribed before me this It day of Cwt -1999. Moruw.aFx c?eoaouoir.a?eeruaNO co. ? NY N DmIREB MI1Y ffi, 2000 Notary P is RKR CAR c,k? Page 12 of 13 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the 2Z day of Gc -(- , 1999, before me, a Notary Public, personally appeared RICHARD K. RENSI and in due form of law acknowledged the foregoing Property Settlement Agreement to be his act and deed, and desired that the same might be recorded as such. Sworn to and subscribed before me this 2z day of GEt , 1999. MAUL wAL MMM a GM 1=Anr pueuc ti 1vvC0MUM8ME0qMUAY2&=W Notary P RKR U? CAR (',A Page 13 of 13 >- C, 1 > ul-. ` h rn ..?. L PJ dr; ?'.- 1-- G : i 1 Ll U i- . C: - U a? U RICHARD K. RENSI IN THE COURT OF COMMON PLEAS OF PlairnM CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CAROL A. RENSI NO. 99 -51118 CIVIL TERM Defendant IN DIVORCE NOTICE TO DEF ND 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 be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE 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 Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 81 West Louther Street Carlisle, PA 17013 (717) 249.2721 RICHARD K RENSI Plaintiff V. CAROL A. RENSI Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99. CIVIL TERM IN DIVORCE AND NOW, COMES, the above-named Plaintiff by and through his attorney Peter J. Russo, and seeks to obtain a Decree in Divorce from the above-named Defendantt upon the grounds hereinafter more fully set forth: 1. Plaintiff is an adult individual residing at 3 Hill Drive, Carlisle, Cumberland County, Pennsylvania 17013 and is a citizen of the United States. 2. Defendant is an adult individual residing at P.O. Box 355, Grantham, Dauphin County, Pennsylvania 17027 and is a citizen of the United States. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania continuously for at least six months prior to filing of this Complaint 4. Defendant has been a resident of the Commonwealth of Pennsylvania continuously for at least six months prior to filing of this Complaint 5. Plaintiff and Defendant were marred on June 19, 1993, in Lawrence County. 6. There are no children of the parties under the age of eighteen (18). COUNT I - DNORCE 7. Plaintiff hereby incorporates by reference averments 1 through 6 of this Complaint as if each averment were set forth fully hereunder. 8. There has been no prior action for divorce by either party against the other. 9. Neither Plaintiff nor Defendant is in the Armed Forces of the United States or any of its allies. 10. Plaintiff avers that the marriage between the parties is irretrievably broken. 11. 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, but does not request the same. 12. Plaintiff and Defendant have property which will be subject to a property settlement agreement addressing support issues, which will be fried herein at the appropriate time. WHEREFORE, Plaintiff, RICHARD K RENSI, prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: A. That a decree in divorce be entered dissolving the marriage between the two parties. Date: 9 11 19c spas ull mr e , Peter J. Russo PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 RICHARD K. RENSI Plaintfff V. CAROL A. RENSI Defendant Attomey for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99. CIVIL TERM IN DIVORCE VERIF- &Ano I, RICHARD K RENSI, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: 171/1 RICH RD K RENSI c; c.: r• c. h u: f n.. v: ?-n f- i .3 Cj v \ y W PETER J. RUSSO, ESQUIRE Attorney for Plaintiff PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 RICHARD K. RENSI : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CAROL A. RENSI NO. 99-5418 CIVIL TERM Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 3, 1999. 2. The marriage is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a Final Decree of Divorce without further notice. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 5. 1 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's Office. 6. 1 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. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, Richard K. Rensi, do not request that the Court require my spouse and me to participate in counseling prior to a divorce decree being handed down by the Court. 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. 3 DU DATE RICHARD K. NSI PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Attorney for Plaintiff RICHARD K. RENSI : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CAROL A. RENSI NO. 99-5418 CIVIL TERM Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301(c1 0F THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 3, 1999. 2. The marriage is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. I consent to the entry of a Final Decree of Divorce without further notice. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 5. 1 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's Office. 6. 1 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. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, Carol A. Rensi, do not request that the Court require my spouse and me to participate in counseling prior to a divorce decree being handed down by the Court. 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. DATE CAROL A. RENSI RICHARD K. RENSI : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW CAROL A. RENSI NO. 99-5418 CIVIL TERM Defendant IN DIVORCE PROOF OF SERVICE OF DEFENDANT'S AFFIDAVIT UPON DEFENDANT AND NOW COMES, PETER J. RUSSO, Attorney for Plaintiff, Richard K. Rensi, and certifies that on AR he did serve the Defendant, Carol A. Rensi with the Affidavit of Consent Under Section 3301(c) of the Divorce Code requesting her signature thereon by placing same in an envelope addressed to Carol A. Rensi, P.O. Box 355, Grantham, PA 17027 receptacle for transmittal by first class mail. and deposited same in the U.S. Mail Respectfully submitted, i- - JA_ ) J Peter J. Russo 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Date: 1 -6 -0O ?` 1 C.f i. . 1; _ ? _... _ PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 61 West Louther Street Carlisle, PA 17013 (717) 249.2721 RICHARD K. RENSI Plaintiff V. CAROL A. RENSI Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 -5H 11F CIVIL TERM IN DIVORCE AND NOW, COMES, Defendant, CAROL A RENSI, and does herby acknowledge that on the date indicated below she did receive a verified copy of a Complaint in Divorce filed against her in the above captioned case. CAROL A RENSI DATED:a4L h a ?q? N ? =5 i G• Ill J