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HomeMy WebLinkAbout07-6257I PATTI S. POWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 6? -- 6,151 CIVIL TERM ZT A. POWELL, JR., Defendant CIVIL ACTION -LAW : IN 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, P.C. LAW OFFICES By. SNELBAKER EC BRENNEMAN. P.C. Attorneys for Plaintiff ATTI S. POWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ?.Sy CIVIL TERM . NO. 6 7 - !o :OBERT A. POWELL, JR., Defendant CIVIL ACTION -LAW IN DIVORCE COMPLAINT COUNT I - DIVORCE 1. Plaintiff Patti S. Powell is an adult individual residing at 313 West Green Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Robert A. Powell, Jr. is an adult individual residing at 313 West Green Street, 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 August 5, 2000 in Mechanicsburg, Cumberland County, 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 14, above. 6. Neither party is a member of the armed forces of the United States of America. LAW OFFICES SNELBAKER & BRENNEMAN. P.C. 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage the parties hereto is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have 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 Patti S. Powell 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 August 5, 2000. 12. The Plaintiff and Defendant have not agreed as to any equitable distribution of the marital property and debts. WHEREFORE, Plaintiff Patti S. Powell requests this Court to order equitable distribution of marital property and debts. LAW OFFICES -2- SNELBAKER & BRENNEMAN, P.C. 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, P.C. Keith O. Brenneman, Esquire 44 West Main Street By: Mechanicsburg, PA 17055-0318 (717) 697-8528 Date: October 25, 2007 Attorneys for Plaintiff Patti S. Powell LAW OFFICES II _ SNELBAKER & -? BRENNEMAN, P.C. - ft. 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 unworn falsification to authorities. Patti S. Powell Date: October 25, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. h? PATTI S. POWELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO.07 -a37 CIVIL TERM ROBERT A. POWELL, JR., Defendant CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT PATTI S. POWELL, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I 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. S?.o .R&L P atti S. Powell (Plaintiff) Date: October 25, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. r-3 r - r c CD lit, Cj, Q Q C C - , Cy Co I aQ r ?. s a J PATTI S. POWELL, IN THE COURT OF COPS PLEAS OF Plaintiff CUMBERLAND COUNTYt" P?NSYLVANIA V. NO. 07-6257 CIVIL TERMY-. ROBERT A. POWELL, JR., Defendant CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SMVICE COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND ) 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, P. C., being the attorneys for Patti S. Powell, Plaintiff in the above captioned action in divorce; that on October 26, 2007 he did send to Defendant Robert A. Powell, Jr. 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. 7004 1350 0004 1256 3135; that the Complaint and cover letter were duly received by Defendant Robert A. Powell, Jr., as evidenced by the return receipt card for said certified mail dated October 27, 2007; that a copy of the aforementioned cover letter dated October 26, 2007 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 are true and correct to the best of LAW OFFICES SNELBAKER & BRENNEMAN, P.C. .. is knowledge, information and belief. Keith O. Brenneman LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Sworn to and subscribed before me this 30'h day of October, 2007. Notary MMONWEAL'm OF PENNSYLVANIA Notarial Seal Susan L Mabiazi, Notary Public Maderktxuig Boro, Cumberland County My Commission Wires Nov. 24, 2007 Member, Pennsylvania Association of Notaries -2- AN SNELBAKER 8 BRENNEMAN, P.C. A PROFE551ONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHAN ICSBURG, PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN 717-697-8528 October 26, 2007 Robert A. Powell, Jr. 313 West Green Street Mechanicsburg, PA 17055 Dear Mr. Powell: P. O. BOX 318 FACSIMILE (717) 697-7681 Enclosed please find a certified copy of a Divorce Complaint, the original of which was filed October 25, 2007 with the Prothonotary of Cumberland County. Yours truly, Keith O. Brenneman KOB/sm Enclosure CC: Patti S. Powell (w/enclosure) By certified mail, return receipt requested, restricted delivery, Parcel No. 7004 1350 0004 1256 3135 EXHIBIT A Ift "I . I , • • M m .aa U1 OFFI CIAL I ru Postage $ S c 999 O CeMW Fee C3 F Rettm d) wM Q 4 How, rrad ) (Erldmsemnt R ' ?q Lo Q Restrkted Delivery Fee ? Ln (Endoreement Required) r l V ? n Total Postage & Fees $ r 1 U Q ?b +??? S ° tORobert A. Powell, Jr. ? -- -- 3trse;v 11(o; 31 -- W. Green ..Street or PO Bon No. ?+i:stei?;ziP+¢gechanicsburg, PA 17055 See Reverse lor InstrUctions PS Form 3800. JUTIV LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ¦ Complete items 1, 2, and 3. Also complete b m 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so 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. Arkide Addressed to: Robert A. Powell, Jr. 313 W. Green Street Mecha$nicsburg, PA 17055 a X E3 Agent B. by ( Printed ) of DoNvory D. Is delivery address 1 If YES, enter delhwy below v 4 + ti 3. Type Certified Mail ? E>q m Meal O Registered ? Return Receipt for Merdwndlse O Insured mail 13 C.O.D. + +1wetlfalellbtiMltlAwtnll!!t#Mbuc+! 4bs 2. Article Number (Transfer hom service iaW 7004 1350 0004 1256 3135 PS Form 3811, February 2004 `Domestic Return Receipt 102595-02-M-1540 EXHIBIT B r '? C ' , ` ,..,, k"'? r,..;a x7E > ? ?: ; ? c ?nC , r Z . - ?? ? ? ?, C ? ? . _? ,.?' ? i f? : a. .. 4 POST-NUPTIAL AGREEMENT THIS AGREEMENT, made this //fA day of 2008, by and between: PATTI S. POWELL, of Mechanicsburg, Pennsylvania, party of the first part, hereinafter "Wife" AND ROBERT A. POWELL, JR., of Mechanicsburg, Pennsylvania, party of the second part, hereinafter "Husband" WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as the "parties") were married to each other on August 5, 2000 in Mechanicsburg, Pennsylvania; and WHEREAS, the parties last resided with each other at 313 West Green Street, Mechanicsburg, Cumberland County, Pennsylvania. WHEREAS, the parties have accumulated 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 decided to live separate and apart from each other; and WHEREAS, on October 25, 2007 Wife commenced an action in divorce docketed to No. 2007-6257 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 and have obtained such counsel and advice or have voluntarily and knowingly chosen not to do so; 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. PERSONAL PROPERTY. The parties declare and agree that they have, prior to the execution of the Post-Nuptial Agreement (the "Agreement"), voluntarily agreed to divide and distribute between themselves all of the parties' personal property, furniture and furnishings which they acquired either before or during their marriage, whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. Husband and Wife agree that Wife shall have and possess, free of all claim or interest of Husband all items of personal property, furniture and furnishings located in and at the residence at 313 West Green Street, Mechanicsburg, Pennsylvania, excepting those 2 items identified on the list attached hereto and incorporated herein as "Exhibit A". Husband and Wife agree that Husband shall have and possess, free of all claim or interest of Wife, all items of personal property, furniture and furnishings identified in Exhibit A. The parties declare and acknowledge that they are fully aware and familiar with 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 313 WEST GREEN STREET MECHANICSBURG PENNSYLVANIA Husband and Wife acknowledge that Wife acquired prior to their marriage real property improved with a residential dwelling located at 313 West Green Street, Mechanicsburg, Pennsylvania (the "Premises"), which Premises Wife conveyed to both Husband and Wife after their marriage by Deed dated January 24, 2003, as a condition of the parties obtaining a mortgage loan secured by the Premises from CitiMortgage (the "Mortgage") The parties acknowledge and agree that they will execute concurrently with the signing of this Agreement a special warranty deed conveying all right, title and interest in the Premises solely to Wife. Wife agrees that she shall within sixty (60) days of the date of the issuance of a Divorce Decree, have Husband released from any liability under the mortgage and any accompanying note. Wife represents that she has obtained consent of CitiMortgage to release Husband from the mortgage liability upon the issuance of a Divorce Decree. Wife agrees the mortgage payment, utilities, taxes, insurance and all other expenses, associated with the ownership, use and maintenance of the Premises now or in the future, shall be the sole responsibility of Wife and that Wife shall indemnify and hold Husband harmless of and from any such payments, costs and expenses, including any attorney's fees incurred by Husband due to Wife's failure to pay for the foregoing. Husband acknowledges that Wife may, at her sole discretion, at any time in the future, sell the Premises, in which event Wife shall receive all proceeds from the sale of the residence free of any claim or interest of Husband. 5. AUTOMOBILES. The parties acknowledge that Husband is the sole owner of a 1999 Chevrolet Blazer which is not subject to any lien or financing obligation. Husband shall retain sole and exclusive ownership, possession and use of the Chevrolet Blazer. The parties agree Wife is the sole owner of a 2003 Honda and a 2002 Sportage, which vehicles are not subject to any lien or financing obligation. The parties agree that Wife shall retain sole and exclusive ownership, possession and use of the Honda and Sportage. 6. BANK ACCOUNTS. The parties acknowledge that all bank accounts, whether or not jointly held by the parties during their marriage, have been divided by mutual agreement to their satisfaction. 7. MARITAL DEBT AND FUTURE OBLIGATION. The parties acknowledge and agree that other than the mortgage identified in Paragraph 4, above, which mortgage shall be the responsibility of Wife, the parties have not incurred any joint debt or obligations during their marriage. 4 The parties acknowledge and agree that any and all debt and obligations incurred by either of them at any time prior to the date hereof and subsequent to the date of this Agreement shall be the sole and separate liability and responsibility of the party incurring the debt or obligation and each party agrees that he/she will not incur or attempt to incur any debt or obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all claims, liability and attorney's fees arising from such future obligation and any other debts and obligations incurred prior to the parties' separation or divorce for which such party is obligated under the terms of this Post-Nuptial Agreement. 8. PENSION. RETIREMENT BENEFITS AND INVESTMENT ACCOUNTS The parties acknowledge that Husband has a retirement pension benefit through West Shore EMS. Wife waives and releases Husband from any and all claims she may have against Husband's retirement or pension benefit as well as any employee benefits he may receive. Although Wife does not have a retirement or pension benefit, the parties acknowledge Wife is the owner of an investment account held by Members I". Husband waives and releases Wife from any and all claims he may have against her investment account as well as any employee benefits she may have. 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 and consummation of the provisions of this Post-Nuptial Agreement. 10. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Each party waives and forever 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 5 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. 11. DIVORCE. The parties agree to terminate their marriage by mutual consent and each agrees to execute and deliver immediately after 90 days of the service of the Divorce Complaint, the necessary affidavits, waivers and consents in the Divorce Action. 12. TAX IMPLICATIONS AND MATTERS. The parties agree that they shall file joint income tax returns for 2007 and that Wife for 2008 and thereafter shall solely use and benefit from any mortgage interest as a deduction on her returns. The parties agree that any tax refund issued as a result of filing jointly for 2007 shall be divided equally between the parties. 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. 13. 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, 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 6 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. 14. 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 enforced 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. 15. 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. 16. BREACH; INDEMNIFICATION. If either 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 rights under this Agreement. Each parry 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 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. 7 17. 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 that 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. 18. 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 and 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 party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 8 19. WAIVER/MODIMCATION. 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. 20. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 21. 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. 22. 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: (SEAL) (SEAL) Robert A. Powell, Jr. Date: -Lt t q 10q, 9 Date: l --or EXHIBIT A Husband's Personal Property, Furniture and Furnishings: Husband's computer Shop equipment Clothing Love Sofa, chair, coffee table, two side tables, dry sink, lamp, computer desk and chest Camping gear Most Kunzler pictures Radios 10 w -n c < ao ATTI S. POWELL, Plaintiff V. ERT A. POWELL, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6257 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 October 25, 2007. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) 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 entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to falsification to authorities. April 4, 2008 Patti S. Powell LAW OFFICES SNELBAKER & BRENNEMAN, P.C. C7 d aor A m m ko a CO ATTI S. POWELL, Plaintiff V. OBERT A. POWELL, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6257 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 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. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. April 4, 2008 -V?Jo ,?C? Robert A. Powell, Jr. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ? SR Uri racy 4 , s r -- o -Ti s- . cK -c ATTI S. POWELL, Plaintiff V. T A. POWELL, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6257 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'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 25, 2007. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) 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 st entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to falsification to authorities. 41'k a, " p April 4, 2008 Robert A. Powell, Jr. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. cyo C7. t 1-4 ATTI S. POWELL, Plaintiff V. T A. POWELL, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6257 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 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 that a copy of the decree will be sent to me immediately after it is filed with the 4. I verify that the statements made in this affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to falsification to authorities. April 4, 2008 Patti S. Powell LAW OFFICES SNELBAKER & BRENNEMAN, P.C. m ? --a Co ? PATTI S. POWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-6257 CIVIL TERM ROBERT A. POWELL, JR., Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD : Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and manner of service of Complaint: October 27, 2007 on Defendant by certified mail, restricted delivery (see Acceptance of Service filed November 2, 2007). 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff. April 4, 2008; by the Defendant: April 4, 2008. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: April 4, 2008; by the Defendant: April 4, 2008. 5. Related pending claims: None. SNELBAKER & BRENNEMAN, P. C. April 7, 2008 By: Attorneys for Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN, P.C. w quo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY P STATE OF PENNA. PATTI S POWELL, Plaintiff N O. 2007-6257 CIVIL VERSUS ROBERT A. POWELL, JR., Defendant DECREE IN DIVORCE AND NOW, J,' IT IS ORDERED AND DECREED THAT PATTI S. POWELL PLAINTIFF, AND ROBERT A. POWELL, JR. ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. The Parties` Post-Nuptial Agreement dated April 4, 2008 is incorporated but not merged into this BY ATTEST: J PROTHONOTARY . 1$467 ?I, w • . w