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HomeMy WebLinkAbout99-07528 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ?hlMTM PENNA. ^? ~ MARK E. MAYBERRY, Plaintiff No. 99 - 7528 CIVIL TERM VERSUS SUSANNA MAYBERRY, Defendant DECREE IN DIVORCE AND NOW, O C-161 cy is Zoo . O IT IS ORDERED AND DECREED THAT Mark E. Mayberry PLAINTIFF, AND Susanna Mayberry DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None The attached Property Settlement Agreement is hereby incorporated, but f!, not merged, into this Decree in Divorce. 222444 I' 1 i VSG?i3 Pica, ? ?? l?` i ? I PROPERTY SETTLEMENT AGREEMENT "L da of 0 2000, by and THIS AGREEMENT, made this Y between MARK E. MAYBERRY, hereinafter called "Husband", and SUSANNA MAYBERRY, hereinafter called "Wife". WITNESSETH-- WHEREAS, Husband and Wife were legally married on May 30,1986; WHEREAS, differences have arisen between Husband and Wife in consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW THEREFORE, in consideration of the premises and covenants contained herein, it is agreed by and between the parties hereto that: 1, SEP_ A ON• it shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulnes. of the causes leading to their living apart. 2. INTERFERENCES. Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and I apart from the other. 3, DIVISION OF REAL PROPERTY. The parties have sold their marital residence located at 6 Red Fox Lane, Mechanicsburg, i Cumberland County, Pennsylvania and have divided the net proceeds equally at the time of laim against the other for the distribution of the said . Neither part}' shall make any c settlement proceeds as set forth herein. 4. DIVISION OF PERSONAL PROPERTY. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. 5. PENSIONS/DEFERRED COMENPENSATION/IRA/STOCK. Husband is the beneficiary of a pension plan through the Municipal Employees Retirement System and is also the owner of a 457 Deferred Compensation plan through Nationwide. Wife holds an IRA through T.H.E. Financial Group. Each of the parties shall retain as their sole and separate property the aforementioned plans and IRA in their names individually. In addition to the above, Wife shall retain the stock shares in Mind Spring. 6. BANK ACCOUNTS. The parties PSECU checking and savings accounts, which were previously held in joint names, were transferred to Husband in November of 1999. Husband shall retain these accounts as his sole and separate property. Wife shall retain all checking and savings accounts held either joint or individually held by her at Hams Bank. Each of the parties waive any claim to the accounts as aforementioned as well as any other accounts existing in that party's name individually. 7. LIFE INSURANCE. Each party shall retain any term life insurance policies individually owned including policies with Allstate Insurance. sl I 8. MOTOR VEHICLES. The 1995 BMW 3251 has been transferred to Wife's name individually. Wife shall assume sole responsibility for the PSECU loan on the said vehicle. The loan has been transferred into Wife's name individually as well. Husband shall retain sole ownership of the 1993 Toyota and 1993 Suzuki Quad Runner. In the event transfer of title to Husband of these two vehicles is necessary, Wife shall promptly execute any documents necessary to effectuate transfer of title to Husband. 9. DEBTS. Husband shall assume sole responsibility for the PSECU Visa and the Warren Federal Credit Union account. All other debts in each party's name individually shall be their sole and separate obligation. 10. TAX ON PROPERTY DIVISION. Husband hereby agrees to pay all income taxes assessed against him, if any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder. 11. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 12. FULL DISCLOSURE, Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. r!.K 13. ADDITIONAL INSTRUMENT. Each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonable incurred as a result of such failure. 14. WIFE'S DEBTS. Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur 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 by reason of debts or obligations incurred by her. 15. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 16. WAIVERS 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 marital relationship, including without limitation, dower, curtsy, statutory allowance, widows allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, to 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 5 interests, rights and claims. 17. REPRESENTATION. It is recognized by the parties hereto that Mark F. Mayberry is represented by John J. Connelly, Jr., Esquire, and Susanna Mayberry is unrepresented by counsel and, prior to signing this Agreement, has the right to have this Agreement reviewed by counsel. It is fully understood and agreed that by the signing of this Agreement, each parry understands the legal impact of this Agreement and further acknowledges that the Agreement is fair and reasonable and each party intends to be legally bound by the terms hereof. 18. VOLUNTARY EXECUTION. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20. PRIOR AGREEMENT. It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. MODIFICATION AND WAIVER. Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either parry to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. GOVERNING LAW. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 23. INDEPENDENT SEPARATE COVENANTS, It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 24. 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. 25. ENTRY AS PART OF DECREE. It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgement or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be made a part of, but shall not merge with, any such judgment or decree of final divorce. 26. DIVORCE ACTION. The parties shall, at the time of the execution of the Agreement, execute documents necessary to finalize the divorce action including, but not limited to, the withdrawal of any claims pending under said action, indexed to number 99-7528, in the Court of Common Pleas, Cumberland County, Pennsylvania, as well as Affidavits of Consent and Waivers of Counseling and Waivers of Notice of Intention to Request Entry of a Divorce Decree, 27. DOMESTIC RELATIONS CODE OF THE COMMONWEALTH OF PENNSYLVANIA. Except as specifically provided in this Agreement, each party waives any claim they may have against the other under the Domestic Relations Code of the Commonwealth of Pennsylvania including, but not limited to, alimony, alimony pendente lite, counsel fees, costs and equitable distribution of marital property. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: ?• I? J% t N r_li _ Susanna Mayberry i 8 r;. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss. On this, the c° D? day of 1ri.(,?G<? , 2000, before me, a Notary Public, personally appeared Mark E. Mayberry, known to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. G. NOTARY PUBLIC NOT "L SEAL JUDITH C. ESEHSOLE, Notary Public: West Donegal Twp. Lancaster Co., PA My Commission Expires Juno 22, 2002 COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS. On this, then day of 2000, before me, a Notary Public, personally appeared Susanna Mayberry, known to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NO Y PUBLIC Notarial Seel Mary Lea Uwm, Notary Polo DatmNn Bore, Deu" CamN MyCamr?sbn 6ytres Peb.4, ?2 amber, Penn"anie Associatlon of No ?. c,, o. r. f °' : ?r ? i- ,, ( .; ` f i. ?;-J ? 1-- ? - ? " C _.; Z ?.. f_? ? .e J TO YOU ARE HEVEBY NOTIFIED TO PLEAD TO THE ENCLOSED WITHIN TWENTY UOI DAYS OF SERVICE HEREOF OR >A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. ' ev' Anoxxo MARK E. MAYBERRY, Plaintiff V. LAw OrFICE WC HEOCBY CERTIFY THAT THE WITHIN IS JAMES, SMITH, DURMN &c CONNELLY, LLP A TRUE AND CORRECT COPY OF THE ORIGINAL FILED IN THIS ACTION. P. Q BOX 650 BY " HERSHEY, PENNSYLVANIA 17037-0650 AnGRxer : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. NO. 99 - 7528 CIVIL TERM SUSANNA MAYBERRY, Defendant To the Prothonotary: : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: Ground for divorce: irretrievable breakdown under Section (XK) 3301(c) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: December 23, 1999 by certified mail number Z 448 660 658. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff. September 28,2000; by Defendant: September 28, 2000. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: All claims of record have been resolved and settled pursuant to a Property Settlement Agreement dated October 2, 2000. 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: 6. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(c) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff. September 28, 2000; by Defendant: September 28, 2000. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Both Waivers are being filed simultaneously with this Praecipe. JAMES, SMITH, DURKIN & CONNELLY LLP Date: /d-?7-m Jr., Esquire Post Office Etsk 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 fJ i ?.:" I'? . y' ?.- :u: -. ?i :'?:' ... J ?i ...1 ? ? il[:? L _ ?'? (1 _? _ '-? J To YOU ARE HEREBY NOTIFIED TO PLEAD TO LAw OFFICE THE ENCLOSED . WITHIN - TWENTY 001 SAYS OF SERVICE HEREOF OR JAMES, WE HEREBY CERTIFY THAT THE WITHIN IS SMITH DURKIN&CONNELLY LCP A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU - , , A TRUE AND CORRCCT COPY OF THE ORIGINAL FILED IN THIS ACTION. . P. Q BOX 630 BY ATTORNEY BY 0 ATTORNEY HERSHEY. PENNSYLVANIA 17033-06M MARK F. MAYBERRY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PPENNA V. : NO. SUSANNA MAYBERRY, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in 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 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 at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 John J. Connie] Jr., Esquire ??AA Atto e tiff MARK F. MAYBERRY, Plaintiff V. SUSANNA MAYBERRY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 9q' 7 5'1 P c.. I-- CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, 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 professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be home by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary MARK F. MAYBERRY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA. V. NO. SUSANNA MAYBERRY, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Mark F. Mayberry, social security no. 160-58-0576, who currently resides at 6 Red Fox Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Susanna Mayberry, social security no. 175-62-9193, who currently resides at 599 Claster Boulevard, Dauphin, Dauphin County, Pennsylvania 17018 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 30,1986, in Cheyenne, Wyoming. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. The parties to this action have been separated since October 30, 1999. 10. Plaintiff requests the Court to enter a Decree in Divorce. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 11. Plaintiff and Defendant are the owners of various real and personal property, motor vehicles, bank accounts and insurance policies acquired during their marriage which are subject to equitable distribution by this Court. WHEREFORE, the Plaintiff requests the Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; and c. for such further relief as the Court may determine equitable and just. JAMES, SMITH, DURKIN & CONNELLY Date lA -q-qq B Y? John , Cphne y, Jr., Esquire Post Officex 650 Hershey, PA 17033 (717)533-3280 PA I.D. No. 15615 VERIFICATION I verify that the statements made in this Pleading 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 unworn falsification to authorities. Date: IA -9 - 9 9 0 ..k ILS Mark E. May erry Plaintiff V ?? L r ? V ECG 1r TO YOU ANC HERESY HOilfi[D TO PLEAT THE LBCLORT - WITHIN IN TWENTY ILTI DAYS OF SERVICE HEREOF OR A DEFAULT JUGGMCNT MAY DE ENTERED AGAINST YOU. or ATTONNry MARK E MAYBERRY, Plaintiff V. LAW OFFICE JAMES, SMITH, DURKIN & CONNELLY, LLP P. O. BOX 650 - HERSHEY, PENNSYLVANIA H033-06% SUSANNA MAYBERRY, Defendant WE HERESY CERTI"THATTHE WITHIN IS A TRUE AND CORRECT COPY OF THE ORIGINAL FILED IN THIS ACTION. DY ATiONHCY : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7528 : CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. AND NOW, this ?? day of? L2Y w? 2000, personally appeared before 0 -- me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire, who, being duly swom according to law, deposes and says that a copy of the Complaint in Divorce was served on the Defendant, Susanna Mayberry, on December 23, 1999 by certified mail number Z 448 660 658, addressee only, return receipt requested, as evidenced by the return receipt card attached hereto and made a part hereof. Sworn to and subscribed before mSAhis J day 2000. Note" SZia Stephanie L. Gaffey, Publlo Hranmalstown Born Dauphin Cotmty My Ccmmisston Expires Sept. 20, 2002 Member, Pernst?yanle Association of Notaries SENDER: • complete Items t and/or 2 for additional services. m • Complete items 3. 4a, and 4b, 4 • Print your name and address on the reverse of this form so that we can return this C cardlo yau • Attach Iris ion to the front of the m slpiece, or on the back if space does not ppeemVl. n • Wren 'Return Receipt we show snow to won t whiGe was the amclis • The Return Receipt we to whom the anips delivered er ered and entl the na dale le Oetivered. 0 3. ARicle Adtlressed to: , ' 4a. Article ?? 7 G C??SC/' ?!!•'l? : O Regillsle j2cu?/drit, O;RQI,U,M I also wish to receive the following services (for an extra fee): 1. ? l ddressei Address 2. Rastdcted Delivery Consult postmaster for fee. a ; m b a r / / ? j 70 e5??O ea ype i 1 b3?(`.mdiliwrl .d. for Merchar .? _W_._ _.. '? :?2::: ' 7 ??_i '-' ? U V A DCIAUL4 JUDONCNT NAY CC CNTCCCO AGAINST YOU. By ATIMNLY FILED IN THIS ACTION. P. O. BOX 650 by HERSHEY. PENNSYLVANIA 170334)650 ATTORNEY MARK E. MAYBERRY, Plaintiff V. SUSANNA MAYBERRY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7528 CIVIL CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 16, 1999. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both 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 request entry of the Decree. 4. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I 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. Section 4904, relating to unswom falsification to authorities. Date: o a SCP• 200u Mark E Ma erry, laintiff ?. C) O; ? C: ?_:: - _ ? .7- ? C' ' ? ' _ _7 ?; _ ? ? J ? [ ^U_ ??-' -.) ._ Ca U ti ?+ ? n + , TWENTY IIDI DAYS OF SERVICE HEREOF ON JAN A DEFAULT JUDGMENT MAY 8E ENT AGAINST YOU. DY ATTMNEY UUNNELLY, P. O. BOX 650 HERSHEY. PENNSYLVANIA 17033-0650 A TBUE AND C N2CT COPY TN[ ORIGINAL FILED IN TIIU ACTION. . wYTGAUn MARK L MAYBERRY, Plaintiff V. SUSANNA MAYBERRY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7528 CIVIL : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER W01 (c) OF THE DIVORCE CODE 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. Section 4904, relating to unswom falsification to authorities. Date: 2o? S cP. 9000 It'l , i4 Mark E. fM yb ry, Plaintifft r C? V TO YOU ARE HEREEY NOTIFIED TO PLEAD TO THE ENCLOSED - L WITHIN TW ENTT Q01 DAYS OF SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTER-^ AGAINST YOU. BY An"NEY LAW OFFICE JAMES, SMITH, DURKIN & CONNELLY, LL? P. o. oox 650 HERSHEY, PENNSYLVANIA 17033-M WE HEREBY CERTIFYTHAT THE WITHIN IS A TRUE AND CLRRECT COPY OF THE ^AL FILED IN THIS ACTION. BY ATTG.NEY MARK E. MAYBERRY, . Plaintiff V. SUSANNA MAYBERRY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7528 CIVIL CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 16, 1999. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both 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 request entry of the Decree. 4. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I 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. Section 4904, relating to unswom falsification to authorities. Date: ge) s6p 2DOO i;FOCI C: vi F- ,.1 ? V . I. t A LAW OFFICE TO WE HEREBY CERTIIY THAT THE WITHIN I[ - You THE ARC LOS99 HCTIFIED TO PLEAD IN - THE TWENTY L• WITHIN JAMES, SMITH, DURKIN & CONNELLY, LLP A TRUE, ANp CORRECT COPY . THE ? .?.TW[NTY 1201 I3GI OA Y80/BGWC[N[RCOP OR OR •?ORIOINAL FILCO IA THIS ACTION. A DEFAULT JUDGMENT MAY BE ENTER "=-- R 0. BOX 650 By AGAINST YOU. AYY".KY By - HERSHEY. PENNSYLVANIA 1703 3-06 50 ATYMNtY MARK & MAYBERRY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7528 CIVIL SUSANNA MAYBERRY, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 0301fe1 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. Section 4904, relating to unswom falsification to authorities. Date: 2b Set ZCOo c • ??" ?iri . 1. c CJ n C7 _ ;, ? n ti TO YOU AMC HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED WITHIN TWENTY 1201 DAYS OF SEAVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENT REr D_,._" AGAINST YOU. BY ATTORRn LAW OFFICE JAMES, SMITH, DURKIN & CONNELLY, LLP P. Q BOX 650 HERSHEY. PENNSYLVANIA 170334M WE HEREBY CERTIFY THAT THE WITHIN IS A TRUE AND CORRECT COPY OF THE ORIGINAL PILED IN THIS ACTION. --_ BY ATTWN[Y MARK E MAYBERRY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7528 CIVIL SUSANNA MAYBERRY, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO WITHDRAW CLAIM TO THE PROTHONOTARY: Please withdraw the claim for Equitable Distribution in the above-captioned divorce action. JAMES, SMITH, DURKIN & CONNELLY LLP Date: 16" tp-00 Jr., Esquire POst6ffi?x 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 . 4; 1!iL V u. ?^ 7 ? n