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HomeMy WebLinkAbout01-0372 FX IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. 'r MICHELLE R. ANGLE, Plaintiff VERSUS DARREN S. ANGLE, Defendant DECREE IN DIVORCE IN DIVORCE AND NOW, ~~ "=4 ~L'~ 2001 IT IS ORDERED AND DECREED THAT MICHELLE R. ANGLE PLAINTIFF, AND DARREN S. ANGLE 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; The Marriage Settlement Agreement dated June 12, 2001 and signed by the N O. 2001-372 CIVIL TERM CIVIL ACTION LAW e, w k ~~ MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ~a ~ day of , 2001, by and between MICHELLE R. ANGLE (hereinafter referred to as "W FE") and DARKEN S. ANGLE (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on May 25, 1991, and separated on or about October 29, 2000, and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specificafion; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. Page 2 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each parry to the Agreement acknowledges and declares that he or she, respectively: (a) is represented by counsel of his or her own choosing (Mark D. Schwartz, Esquire for WIFE); or if not represented by counsel, understands that he or she has the right to counsel; HUSBAND chooses not to be represented by counsel, ,~d~by in(it~ialing this page acknowledges his right to be represented by counsel; C~ (b) is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (c) enters into this Agreement voluntarily after receiving or having the opportunity to seek the advice of counsel; (d) has given careful and mature thought to the making of this Agreement; (e) has carefully read each provision of this Agreement; and (f) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. Page 3 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3301(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair 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 marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvarria Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Page 4 Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: The parties do not own any jointly held marital real estate. 8. SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to pay support to the WIFE. WIFE will not provide any financial support to the HUSBAND. The parties also waive any right they have to receive alimony or alimony pendente lite payments from the other following the entry of the Divorce Decree in this matter. 9. PERSONAL PROPERTY: The parties hereby agree that all personal property acquired during the marriage has been equitably divided between the parties to their mutual satisfaction and agreement. The WIFE hereby waives all right and title and interest which she may have in any personal property herein designated as HUSBAND'S. HUSBAND likewise waives any right, title and interest which he has in the personal property designated as WIFE'S. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and descripfion and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full Page 5 power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 10. AUTOMOBILES: The parties hereby agree that WIFE shall retain the 1993 Chevrolet Cavalier car which is currently in her possession. HUSBAND shall transfer all right, title and interest in said car within ninety (90) days from execution of this Agreement. HUSBAND hereby waives all right, title and interest in the car which is currently in possession of WIFE. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of the car and any vehicle she may now or in the fixture own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. The parties hereby agree that HUSBAND shall retain any vehicles which are currently in his possession. WH+E hereby waives all right, title and interest in the vehicles which are currently in possession of HUSBAND. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of the caz and any vehicle he may now or in the future own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. Page 6 11. MARITAL DEBTS: It is further mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE 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. It is further mutually agreed by and between the parties that HUSBAND shall assume all liability for and pay and indemnify the WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND 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. The parties have a personal loan through Allfirst Bank. HUSBAND agrees to pay and remain solely responsible for the balance on the personal loan through Allfirst Bank held in joint names. HUSBAND further agrees to indemnify and hold harmless WIFE from responsibility Page 7 for the personal loan through Allfirst Bank and any and all debt which may now or may hereafter be incurred to said accounts. Each party shall indemnify and hold harmless the other with respect to any of the obligations stated above for which the other party is not responsible. The parties also specifically agree that the payments called for in this Agreement are not intended to be a debt which is affected by a discharge in banla~uptcy. They further specifically intend that HUSBAND'S obligations under the terms of this Agreement shall not be subject to discharge in bankruptcy because they acknowledge that such are necessary for WIFE to meet her financial obligations and to support and maintain her standard of living. HUSBAND represents that there are no bankruptcy proceedings presently pending in which he is involved. HUSBAND expressly agrees not to file a bankruptcy action prior to the completion of his obligations pursuant to this paragraph. This debt shall not be discharged in a bankruptcy action filed by or on behalf of HUSBAND. If HUSBAND files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations of this paragraph are in the nature of maintenance and are not dischargeable under current bankruptcy law or under any amendment thereto. Further, if HUSBAND institutes any action in bankruptcy or any other bankruptcy proceeding is instituted n which WIFE'S right to her monthly payments becomes a matter for judicial review, HUSBAND agrees to consent to any motion filed by WIFE with the bankruptcy courts, wherein she may request that the bankruptcy courts abstain from deciding the dischargeability of this obligation and any other obligations to her hereunder in order to allow the appropriate Court of Common Pleas to rule upon this issue. Page 8 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits. HUSBAND is to retain all right, title and interest in his retirement and pension through Criant Foods. HUSBAND currently has health insurance on the parties' son and agrees to continue to maintain. health insurance coverage. 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND not otherwise provided for herein. HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE not otherwise provided for herein. 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. Page 9 ~ 'r r 15. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as-maybe available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other parry any and all further instruments that maybe reasonably required to give full force and effect to the provisions of this Agreement. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have either been fully explained to the parties by their respective counsel, or have been fully reviewed and understood if not represented by counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. The parties further agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the Page 10 aforesaid incorporafion or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 18. 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. 19. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 20. PRIOR AGREEMENTS: 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. PAYMENT OF COSTS: Each party shall be responsible for their own attorney's fees and costs incurred in the settlement of the divorce and economic issues surrounding this divorce. Page 11 22. 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 marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's 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, 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. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: ,~~ mod., ~O,vt/ n1,.:AS~9 R . I~.,~--- (SEAL) MICHELLE R. ANGLE ~GLt~ux G7 =~ ~~x/ ~w~. ~~~~,a ''~ a (SEAL) DARKEN S. ANGLE ~ ~ Page 12 f COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this ~~ day of 2001, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, MICHELLE R. ANGLE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. '"" Notarial Seal Martha L. Noel, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 18, 2003 COMMONWEALTH OF PENNSYLVANIA Member, Pennsylvania association of Notaries . SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this /~~'~- day of 2001, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, DARKEN S. ANGLE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notarial Seal Manha L. Noel, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 18, 2003 Member, Pennsylvania Association of Notaries Page 13 ~ ~ ~ ~ c __ „ate,. _ ~~- `- ~ ~.<= ,:, '> ~~ _- ;_' '=; ~:.~, i ~~ .. `~ =° < ~:; MICHELLE R. ANGLE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001- 37.L CIVIL TERM DARKEN S. ANGLE, Defendant IN DIVORCE NOTICE 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 in divorce or annulment maybe 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, Cuunberland County Courthouse, Carlisle, Pennsylvania 17013. H+ 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. H+ 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 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. MICHELLE R. ANGLE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION -LAW 2001-3 ~.2 CIVIL TERM DARKEN S. ANGLE, Defendant , IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301 c OF THE DIVORCE CODE NOW comes the plaintiff, Michelle R. Angle, by her attorney, Mark D. Schwartz, Esquire, and files this complaint in divorce against the defendant, Darren S. Angle, representing as follows: 1. The plaintiff is Michelle R. Angle, an adult individual residing at 7902 Newburg Road, Newburg Cumberland County, Pennsylvania 17240. 2. The defendant is Darren S. Angle, an adult individual residing at 905C Roxbury Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on May 25, 1991 in Shippensburg, Cumberland County, Pennsylvania and separated on October 29, 2000. 5. There have been no prior actions of divorce or for annulment between the parties. 6. There was one (1) child born to this mazriage; namely, Ryan H. Angle, born September 22, 1992, age eight (8) years. 7. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. Respectfully submitted, HY Mc & HUGHES By: Mark D. Schwartz, Esquire, Attorney for Plaintiff, Michelle R. Angle West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717)249-2353 Supreme Court LD. No. 70216 Date: January 19, 2001 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Complaint and they are true and correct to the best of my lrnowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. c~~„~, R- A--~ MICHELLE R. ANGLE Date: January 19Ch ~ 2001 ,...,, ~ Cr C4 ~ (~? ry.. ~ i .~ ..v ` ice' Y.~ Lp ,; j.fi7 ~+ _1~~ ~ ~ ~ ~ ~ C3 ~ `~ °C MICHELLE R. ANGLE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001-372 CIVH. TERM DARKEN S. ANGLE, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 19, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: June 14th , 2001 ~~~. MICHELLE R. ANGLE c> ~~ ~::, c -- -, vsc rrr~[ z ~ - -- ~ ~ z~~ . __ ~ : , ~ -. ~ . Gt` .r>~? ~: ~- G (-1 ..~ r.l_ y f i1 _.~ ur-- ^'[? (~? -{ MICHELLE R. ANGLE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001-372 CIVIL TERM DARKEN S. ANGLE, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 19, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in 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 herein made are subject to the penalties of 18 Pa. C. S. Secfion 4904 relating to unsworn falsification to authorities. Date: June 12th , 2001 DARKEN S. ANGLE <' ``'' ~, W ~; ,- ~~_, ` - __ z r -- __ ~.. ..~ z ~~ _ > ` _. £'~ `1:;' Ce.J ~. MICHELLE R. ANGLE, Plaintiff v. DARKEN S. ANGLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001-372 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl 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. verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: June 14th , 2001 3w.~..~ Q~ MICHELLE R. ANGLE Plaintiff °~, c =` c> , , -~t~~ ter;, ~ ~, - ~: ~- ~=c.=` ~.~ d; ~, __ c: .~,. =: r. ~ ° MICHELLE R. ANGLE, Plaintiff v. DARKEN S. ANGLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION -LAW . 2001-372 CIVIL TERM . IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c1 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 wpy 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsificafion to authorities. Date: June 12th , 2001 ~ar.^~..-._~ DARRENS.ANGLE Defendant -~ ~,. ;~ ~ ~~ -~;~: ~ Lnrrn - _ --: ~ U:' _ -~~; v:~ ~ ~- ' G ~_' _ ' C' r r i C.J MICHELLE R. ANGLE, Plaintfff v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001-372 CIVIL TERM DARKEN S. ANGLE, Defendant IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: June 14th , 2001 ~ ~- MICHELLE R. ANGLE _ . _; . ~~ ~' , . -~~-- n~- >- ~. _ _ ~._ ~y r 6 4` C/1L. ~' tai I ~~'_ ~ Cr,, ~ r -, Y ~ :. ~M~ MICHELLE I2. ANGLE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001-372 CIVIL TERM DARKEN S. ANGLE, Defendant IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: June 12th , 2001 <~~r~-a.,.,.~~ .,, ,,,(`p DARRENS.ANGLE ~~ v~~ i _- i' Ii'~~! >~ a . ~ "l. CUM, ~ ~ ~~ ~~ rvj~~~ )~v~~ Pd`JNSVLV,^,ieb~ MICHELLE R. ANGLE, Plaintiff v. IN THE COURT OF COMMON-PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW . 2001-372 CIVIL TERM DARKEN S. ANGLE, Defendant IN DIVORCE AFFIDAVTP OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO.1920.4 (al(1)(il COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND NOW, Mark D. Schwartz, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Darren S. Angle, on January 26, 2001, by certified, restricted delivery mail, addressed to him at 905C Roxbury Road, Shippensburg, Pennsylvania 17257, with Return Receipt Number 7099 3400 0018 4997 2268. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are a and ect. I understand that false statements herein made are subject to the penalties of 8 Pa.~ction 4904, relating to unsworn falsification to authorities. MARK D. SCHWARTZ, ESQUIRE Attorney for Plaintiff Date: May 17, 2001 I .~ .,~:~ r .. ~ , "' DivoRCE cor~l.airrr ru f~ aostagd' $ .. i 55 R' p ~ Certifietl Fee ~ "lQ - ( Postmark Return Receipt Fee { q Here ~ (Endorsement Required) - t Q V. ; ra tj estridted Delivery Fee ~ ~t ~i, 0 Eridorsamdnt Re wire McC!d ~ Total Postage & Eaes .p. ~ ~ I v ' O ~ Recipientk Name (Please Print Clearly) (ro be completed by mailer) "' MR DARBEN, S AN_G__L___E_____'__ _ ~ Street, Apt. No. or PO Box No. o- 905C ROBBIIRY ROAD o cliy ware, ziPw t'" $HTPPENSBIIRG PA 17257 ^ :~omplefe-Items 1,Z, and 3. Also complete A. aem 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse >9o that we can return the card to ygm. ~ ~ .y ^ Rittach this card to the back of the m8 ®r on the front if space permds. D. 1. Article Addressetl to: MR DARREB S AHGLE 905C &0%B'-mot"„" _ ~ „ 2. Article Number (Copy from service label) Jul 7~ B, that elinkry ~ !l i ~/ L ~f"'"S` rU Agent ^ Addres ffe[ent trdm ~i n t1 atldress below. , Y~~ ^ Yes ' ~ No - ! t,.-k . ' ~. Service Type ~ Certified Mail ^ Express Mail ^ Registered ®Retum Receipt for Memhandiae ^ Insuretl Mail ^ C.O.D. Restricted Deliverv7 fFxtre Feel rvf v:::.-<~ 71499 3400 0018 Domestic RMWm Receipt ' 2268 ~~ n <- T' t?-' r,r; z r-~ c, ~:, -<.~<- _, r ~. ~c~ :_: Y ~ f ~ . .J.. \~~ MICHELLE R. ANGLE, Plaintiff v. DARKEN S. ANGLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001-372 CIVIL TERM IN DIVORCE PRAECll'E TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with Ote following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Darren S. Angle, on January 26, 2001, by certified, restricted delivery mail, addressed to him at 905C Roxbury Road, Shippensburg, Pennsylvania 17257 with Retum Receipt Number 7099 3400 0018 4997 2268. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff: June 14, 2001; by defendant: June 12, 2001. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and maaner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: June 19, 2001. Date defendant's Waiver of Notice in Section/~Ol(p)'-ISiaprce was filed with the Prothonotary: June 19,2001. ~~ ( ~ MARK D. SCHWARTZ, ESQUIILE Attorney for Plaintiff A b/'i+N'df~~~lSidP.!~!d ('~/~ /'L1~\~rii.~l % ~I~\.~iil rtl ~-'!If ill ~4i J~~~~ t_;;,:. .. ~~ .:J ~ _~ ®~_ 3 ~ z SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBER PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE DATE: June 18, 2001 DOCKET NUMBER: 2001-372 Civil Term PLAINTIFF SS# 180-62-0379 NAME: Michelle R. DEFENDANT SS # 184-58-7760 NAME: Darren 5.