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HomeMy WebLinkAbout03-4290WILLIAM S. THOMPSON, V. SARAH G. THOMPSON, Plaintiff Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03. ,45t 9o CIVIL TERM CIVIL ACTION - LAW 1N DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P.C. LAW OFFICES SNeLBAKER. BrENNEMAN & SPAre By: Attorneys for Plaintiff WILLIAM S. THOMPSON, V. SARAH G. THOMPSON, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03. 't ;~ 9o CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT COUNT I - DIVORCE 1. Plaintiff William S. Thompson is an adult individual residing at 621 Harding Street, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant Sarah G. Thompson is an adult individual residing at 621 Harding Street, New Cumberland, Cumberland County, Pennsylvania. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on May 1, 1999 in Mechanicsburg, Cumberland Cotmty, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. LAW OFFICES SNELBakER, BRENNEMAN & SpAre 6. Neither party is a member of the armed forces of the United States of America. LAW OFFICES ~NELBAKER. & SPARE 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 8. The Plaintiffhas been advised that counseling is available and that Plaintiffmay have the right to request that the Court require the parties to participate in counseling. 9. The Plaintiff requests this Court to enter a decree of divorce. WHEREFORE, Plaintiff William S. Thompson requests this Court to enter a Decree of Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and Defendant. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9, inclusive, of this Complaint are incorporated by reference herein. 11. The Plaintiff and Defendant have legally and beneficially acquired property and debts during their marriage from May 1, 1999. 12. The Plaintiff and Defendant have not agreed as to any equitable distribution of the marital property and debts. WHEREFORE, Plaintiff William S. Thompson requests this Court to order equitable distribution of marital property m~d debts. -2- WHEREFORE, the Plaintiff requests this Court to: (a) enter a decree of divorce, divorcing the Plaintiff from the bonds of matrimony; (b) order equitable distribution of marital property and debts; and (c) order such other relief as this Court deems just and reasonable. SNELBAKER, BRENNEMAN & SPARE, P.C. Date: Sept mmher 2, 2003 Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff William S. Thompson -3- VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to tmsworn falsification to authorities. Date: September 2, 2003 1AW OFFICES SNELBAKER. BrENNeMAN & SpAre WILLIAM S. THOMPSON, V. SARAH G. THOMPSON, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 03'~l~-q° CIV1L TERM : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT WILLIAM S. THOMPSON being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. LAW OFFICES SNELBAKER, BRENNEMAN Date: September 2, 2003 William S. Thompson (Plaintiff) THOMPSON, V. ',ARAH G. THOMPSON, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-4.290 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) LAW OFFICES SNELBAKER, BRENNEMAN & SPARe Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker, Brenneman & Spare, P. C., being the attomeys for William S. Thompson, Plaintiff in the above captioned action in divorce; that on September 4, 2003 he did send to Defendant Sarah G. Thompson by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. 7000 1670 0008 5047 1615; that bol~h the Complaint and cover letter were duly received by Sarah G. Thompson, the Defendant herein, as evidenced by the return receipt card for said certified mail dated September 10, 2003; that a copy of the aforementioned cover letter dated September 4, 2003 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts LAW OFFICES SNELBAKE~, BRENNEMaN & SPARE ~re tree and correct to the best of his knowledge, information and belief. Keith O. Brenneman Sworn to and subscribed before me this 15th day of September, 2003. J ~:g ~o~ary Public ~/ t~ ' -2- MECHANICSBUIKC, PENN$¥LVANL& 17OS5 September 4, 2003 Sarah G. Thompson 621 Harding Street New Cumberland, PA 17070 Re: Thompson v. Thompson No. 2003-4290, C.C.P., Cumberland County Dear Ms. Thompson: Enclosed please find a certified copy of a Divorce Complaint which was filed September .~, 2003. Yo~stmly, KOB/sm Enclosure CC: William S. Thompson (w/enclosure) Keith O. Brenneman By certified mail, restricted delivery, return receipt requested, Parcel No. 7000 1670 0008 5047 1615 EXHIBIT A LAW OFFICES SNELBAKER. BReNNeMAN & SPARE · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse se that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1..N'ticle Addressed to: Sarah G. ~ompson 621 Hardin~ Street New C-m~erland, PA 17070 a. Receiw~d by (Please Print C~ariy) [] Agem delivecy address different from item 1 ? [] Ye~ f YES, ,gnter delivery address below: [] No cl Mail [] Express Mail [] Regi.~;tered [] Return Receipt for Merci!andiee [] Insur~KI Mail [] C.O.D. 4. Restrict~l Delivery? (Extra Fee) ~Yes 2. Articl~j~rgb~r (Copy from service label) =. , /UUO 1670 0008 5047 161.5 PS Form 3811, July 1999 Domestic Return Receipt I02595-00-M-0952 EXHIBIT B POST-NUPTIAL AOREEMENT THIS AGREEMENT is made and entered into this c~e:~day of 2004 by and between: WILLIAM S. THOMPSON of 133 W. Locust Street, Apartment 203, Mechanicsburg, Pennsylvania, party of the first part (hereinafter "Husband") AND SARAH G. THOMPSON, of 621 Harding Street, New Cumberland, Pennsylvania, party of the second part (hereinafter "Wife ") WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as the ~'parties") were married to each other on May 1, 1999 in Cumberland County, Pennsylvania and separated on September 1, 2003; and WHEREAS, the parties last resided with each other at 621 Harding Street, New Cumberland, Cumberland County, Pennsylvania; and WHEREAS, the parties have accttmulated certain assets and incurred certain debts during their marriage; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they have separated and now live separate and apart from each other; and WHEREAS, on September 2, 2003 Husband commenced an action in divorce docketed to No. 2003-4290 in the Court of Common Pleas of Cumberland County, Pennsylvania (hereinafter the "Divorce Action"); and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status and with respect to the terms and provisions of this Post-Nuptial Agreement and the meaning and legal effect thereof with Husband being represented by Keith O. Brenneman, Esquire and Wife being represented by Debra Denison Cantor, Esquire; and WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs, which they believe to be fair, just and equitable. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. MUTUAL SEPARATION. Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble nor interfere in any way with the other or with any person for associating with the other. 3. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION. The parties declare and agree that they have, prior to the execution of this Post-Nuptial Agreement, voluntarily agreed to divide and have physically divided and distributed between themselves all of the parties' personal property assets which they acquired during their marriage, 2 whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. The parties declare &nd acknowledge that they are aware of all assets and real property that each has brought into the marriage and that has been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any valuation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance with this Agreement by the other party and hereby declares and acknowledges that the voluntary division by them of all property, whether marital or not, is fair and equitable, and that either party may sell, dispose of, encumber or transfer any property in his or her possession free of any claim or interest of the other. 4. MARITAL RESIDENCE AT 621 HARDING STREET, NEW CUMBERLAND. Husband and Wife acknowledge that they acquired during their marriage real property improved with a residential dwelling located at 621 Harding Street, New Cumberland, Pennsylvania (the "marital residence"). The parties further acknowledge that the marital residence is subject to a mortgage given by the parties to ABN-AMRO (the "mortgage"). The parties acknowledge that they have executed prior to the signing of this agreement a special warranty deed conveying all right, title and interest in and to the marital residence solely to Wife. Wife agrees that she shall, within 120 days of the date of this agreement, refinance the mortgage on the residence into her own name for purposes of releasing Husband from liability under the mortgage and accompanying note. In the event Wife for any reason is unable to refinance the mortgage or have Husband released from the mortgage and accompanying note by the recording of an instrument noting same, Wife agrees to immediately list for sale and sell the 3 marital residence, in which event all proceeds of the of the sale of the marital residence shall belong solely to Wife. Wife agrees that all mortgage payments, utilities, taxes, insurance and other expenses associated with the ownership, use and maintenance of the martial property, now or in the future, shall be the sole responsibility of Wife and that Wife shall indemnify and hold Husband harmless of and from all such payments, costs and expenses, including any attorney% fees incurred by Husband due to Wife's failure to pay for the foregoing. Wife acknowledges that Husband has completed certain molding and trim work and ceiling repair prior to Wife's execution of this agreement and that such work and repair are acceptable to Wife. 5. TIME SHARE. Husband and Wife acknowledge that they jointly own a Hilton Grand Vacation Club time share. Husband agrees to convey and will convey all of his right, title and interest in the time share to Wife. 6. DIVISION OF DEBT AND LIABILITIES. The parties acknowledge that other than the mortgage debt identified in Paragraph 4, above, and a joint VISA account, the parties have not incurred any joint debt during their marriage. Each party agrees to be solely responsible for the payment of any debt each has incurred in his or her individual name during their marriage and each agrees that he or she will indemnify and hold harmless the other party of and from any and all liability, loss, damage, expense and reasonable attorney's fees arising from said party's failure to pay or extinguish any debt agreed to be paid or extinguished in this agreement. Husband agrees to be solely responsible for and pay the VISA account debt and shall indemnify and hold harmless Wife of and from liability, loss, damage, expense and reasonable attorney's fees arising from his failure to pay such debt. 7. FUTURE OBLIGATIONS. The parties agree that any and all obligations incurred subsequent to September 1, 2003 shall be the sole and separate liability and responsibility of the party incurring the obligation and each party agrees that he/she will not incur or attempt to incur any obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all liability arising from such future obligation. 8. AUTOMOBILES. The parties acknowledge that Husband is the sole owner of the Toyota Tundra and Wife is the sole owner of the Jeep Grand Cherokee. Husband shall retain sole and exclusive ownership, possession and use of the Toyota Tundra and shall be solely responsible for the payment of any financing for said vehicle. Wife shall retain sole and exclusive ownership, possession and use of the Jeep Grand Cherokee and shall be solely responsible for the payment of any financing for said vehicle. 9. COUNSEL FEES. Each party to this Post-Nuptial Agreement shall be responsible for paying his or her own counsel fees and related costs associated with the initiation and processing of the Divorce Action and the negotiation, execution, consummation and compliance with the provisions of this Post-Nuptial Agreement. 10. PENSION~ 401K, RETIREMENT PLANS. BENEFITS AND EMPLOYMENT BENEFITS. The parties acknowledge that Husband has a 401K plan through Concurrent Technologies Corporation and that Wife has a Pinnacle Health Pension and a 401K plan with Pinnacle Health. Each party Waives and releases the other from any and all claims which either may have against the other's pension, 401K plan, retirement plan or any other retirement plan, benefit or employee benefit or benefits. 11. BANK ACCOUNTS AND STOCK. The parties acknowledge and agree that all bank accounts owned by them, whether alone or jointly with each other during their marriage, have been considered by them and divided to their satisfaction. The parties further acknowledge that they have prior to the execution of this agreement divided to their satisfaction shares of 5 Equinox stock. Each party waives any claim, right or interest in and to any Equinox stock owned by the other. 12. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Each party waives and releases the other party of and from any and all claims which either may have against the other for spousal support and for claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, cost and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 13. DIVORCE. The parties agree to terminate their marriage by mutual consent without counseling and each agrees to execute concurrently with this Agreement the necessary affidavits, waivers and consents to procure a consensual divorce under the provisions of the Pennsylvania Divorce Code. Husband agrees to pay all filing costs and filing fees associated with the Divorce Action. 14. TAX IMPLICATIONS AND MATTERS. Husband agrees that Wife may take the mortgage interest deduction in its entirety on her income tax return for 2003. The parties agree that in the event it is determined that there is any future tax liability of the parties, which liability relates to any year the parties were married and filed jointly, then in such event, the parties will contribute to the payment of such liability in proportion to their respective incomes for the year to which such liability pertains. The parties hereto agree to retain all tax returns pertaining to the years of their marriage for a period of five (5) years after the date of this Agreement. 15. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, 6 administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. 16. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post- Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enfomed by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 17. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post- Nuptial Agreement. 18. BREACH; INDEMNIFICATION. Ifeither party hereto breaches any provision hereof, then the nonbreaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her fights under this Agreement. Each party agrees and covenants to indemnify and hold harmless the other party from any and all liability and/or claims and/or damages and/or expenses (including attorneys' fees and expenses of litigation) that the indemnitee may sustain or may become liable or answerable in any way whatsoever, or shall pay 7 upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein. 19. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge tlmt they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 20. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution mad division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either pa~. of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 21. WAIVER/MODIFICATION. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. This Agreement can only be modified in writing executed by both parties hereto. 22. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 23. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. 24. EFFECTIVE DATE. This Agreement shall be dated and become effective on the date when executed by the latter of the two parties. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: William ,S,,;Tho~npson Date: (SEAL) r>ate: (SEAL) 9 WILLIAM S. THOMPSON, V. SARAH G. THOMPSON, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-4290 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 3, 2003. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: April 26, 2004 William S. Thompsoff LAW OFfices SNELBAkER, BRENNEMAN & SPAre WILLIAM S. THOMPSON, V. SARAH G. THOMPSON, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4290 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT LrNDER 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, 2003. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divome after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: April 26, 2004 C ,~ta,c~ Sarah ~ Thompson LAW OFFICES SNELBAKER. BRENNEMAN & SPARE WILLIAM S. THOMPSON, V, SARAH G. THOMPSON, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4290 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4, I verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: April 26, 2004 William S. Tho/npson & ~PARE WILLIAM S. THOMPSON, V. SARAH G. THOMPSON, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4290 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry ora final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted, 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: April 26, 2004 Sarah G: Thompson LAW OFFICES SNELBAkER. ~RENNEMAN & SPARE LAW OFFICE~ SNELBAKER, BRENNEMAN & SPARE WILLIAM S. THOMPSON, V. SARAH G. THOMPSON, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-4290 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: Code. 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and manner of service of Complaint: by certified mail, restricted delivery on Defendant on September 10, 2003 (see Affidavit of Service filed concurmmly herewith). 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: April 26, 2004; by the Defendant: April 26, 2004. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff.' April 26, 2004; by the Defendant: April 26, 2004. 5. Related pending claims: None. Date: April 26, 2004 SNELBAKER, BRENNEMAN & SPARE, P. C. By: ~ Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS WILLIAM S. THOMPSON, Plaintiff OF CUMBERLAND COUNTY STATE OF ,p~~ PENNA. NO. 03-4290 CIVIL VERSUS SARA~ G. THOMPSON, Defendant DECREE IN DIVORCE DECREED THAT WI.LL]'AM $. ~-']':{OMPSON AND SA.HA~ G. THOMPSON 2004, ~t IS ORDERED AND , PLAINTIFF, , 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.