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HomeMy WebLinkAbout07-6683BENJAMIN E. HICKS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. C IVIL ACTION - LAW NO. 001- 1 KELLY B. HICKS oa3 Defendant IN DIVORCE NOTICE TO DEFEND 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Respectfully submitted, SAIDIS, FLOWER & LINDSAY F VVERR ? LWDS" ;affl5ffiWW =-W 26 West High Street Carlisle, PA t By Matas, tsquire Sup 'm Court ID # 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff BENJAMIN E. HICKS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. CIVIL ACTION - LAW NO. 07 - / KELLY B. HICKS Defendant IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Benjamin E. Hicks, an adult individual currently residing at 1052 Rebecca Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Kelly B. Hicks, an adult individual currently residing at 239 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 4, 2005, in Gettysburg, Pennsylvania. 5. There has been no other prior action for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. FLOWER ? LINDSAY 26 West High Street Carlisle, PA 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, Ma?dw tas, Esqui Attorney?I 0.84919 Attomeyfo Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 FLOWER & LENDS" 26 West High Street Carlisle, PA rM VERIFICATION I verify that the statements made in the foregoing document 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 unsworn falsifications to authorities. DATE: f O Benjarr}ifi E. Hicks, Plaintiff l J 'T f v r ?--{ BENJAMIN E. HICKS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-6683 Civil Term KELLY B. HICKS Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Jennifer Spears, Esquire, Attorney for Defendant, accept service of the Divorce Complaint in the above-captioned matter by U. S. Mail and that I am authorized to do so. I I I q le)-?- - _16aw Date tryreIrt-peairs, Esquire FLOWER ? LINDSAY 26 West High Street Carlisle, PA M r`?j ?`,? t ?. ?.? ?__ ? T ? t'--? " . f -. ?--? .. ,;;?? ..,?-? ,`?. . - ?- ..l ? ? . :T - . t i -?7 C,a . '``: BENJAMIN E. HICKS, Plaintiff V. KELLY B. HICKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6683 CIVIL ACTION - LAW IN DIVORCE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT Marylou Matas, Esquire SAIDIS, FLOWER & LINDSAY I.D. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Counsel for Defendant SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 21S4, day of j")etj &q4 Wr- , 2007, by and between BENJAMIN E. HICKS, of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband", AND KELLY B. HICKS, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on June 4, 2005, in Gettysburg, PA, and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, the parties have reached this Agreement contained herein through negotiations in the context of a Collaborative Law Participation Agreement, entered on November 1, 2007; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; and WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate T } and income of Wife; NOW, THEREFORE, in consideration and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: 1. Advice o Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Marylou Matas, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Jennifer Spears, Esquire. 2. Warranty of Disclosure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 3. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. 4. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. Tangible Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 6. After-Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 7. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: a.) Wife shall retain sole and exclusive possession of the parties' 2007 Toyota Rav4. This vehicle is encumbered with a loan requiring the monthly payment of approximately $435.00. From the date of execution of this Agreement forward, Wife shall be solely and exclusively responsible for the payment of this loan. Wife shall make all such payments in a timely fashion as they are due. Wife shall hold Husband harmless from and against all claims and action for collection activity whatsoever related to this loan/lease. Husband shall make no claim to access to or use of this vehicle and waives any interest he has or may have in this vehicle. b.) Husband shall retain sole and exclusive possession of the parties' 2006 Nissan Sentra. This vehicle is encumbered with a loan requiring the monthly payment of approximately $325.00. From the date of execution of this Agreement forward, Husband shall be solely and exclusively responsible for the payment of this loan. Husband shall make all such payments in a timely fashion as they are due. Husband shall hold Wife harmless from and against all claims and action for collection activity whatsoever related to this loan/lease. c.) In the event it is discovered that the above listed vehicles are titled in joint names, the parties shall sign whatever documents necessary to transfer the vehicles to the other party's name individually within fifteen (15) days of execution of this Agreement. The receiving party shall be responsible for the cost of the title transfer. In the event it is discovered that any of the loans are listed in joint names, the parties shall take whatever steps necessary to remove the other's name from responsibility on the loan A within 45 days of execution of this Agreement. 8. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. Specifically, Wife waives any interest she has in Husband's M& T Bank accounts and Husband waives any interest he has in Wife's PSECU accounts. If it is discovered that any joint accounts exist as of the date of execution of this Agreement, the parties shall divide equally any funds in those accounts and promptly close those accounts within fifteen (15) days of execution of this Agreement. 9. Pension Interests: Wife has a 401(k) account with Wachovia, established through her employment with Carlisle Syntec with an approximate date of separation balance of $6,853.00. Husband hereby waives, relinquishes and transfers any and all of his right, title and interest he has or may have in Wife's 401(k) account, pension or retirement account, as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. Wife maintains that she does not own or have an interest in any other retirement, pension, investment account or the like. Husband has a 401(k) account with M&T Bank, through his employment with that company, with an approximate date of separation balance of $21,800.00. Wife hereby waives, relinquishes and transfers any and all of her right, title and interest she has or may have in Husband's 401(k), pension or retirement account, as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. Husband maintains that he does not own or have an interest in any other retirement, pension, investment account or the like. Husband and Wife maintain that neither of them have established, maintained or have an interest in any pension or retirement account through present or prior employment that may have been earned during the marriage. Each party is satisfied with the disclosure of the other as it relates to all interests of this paragraph and the terms of this document. 10. Investment Accounts: Husband and Wife maintain that neither of them have established, maintained or have an interest in any investment account during the marriage or that may have earned interest during the marriage. Each party is satisfied with the disclosure of the other as it relates to all interests of this paragraph and the terms of this document. 11. Real Estate: Husband and Wife maintain that neither of them have established, maintained or have an interest in any real estate during the marriage or that may have earned interest during the marriage. Each party is satisfied with the disclosure of the other as it relates to all interests of this paragraph and the terms of this document. 12. Marital Debt: a. Post Separation Debt: Each party hereby confirms that they have not incurred any additional debt since their separation that has, in any way, obligated the other party. In the event that either party contracted or incurred any debt since the date of separation on October 6, 2007, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. b. Future Debt: From the date of this Agreement forward, neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. C. Marital Debt: Husband and Wife do not believe there exists any obligations in their names jointly. Husband agrees to maintain responsibility for any debts that are listed in his name individually. Specifically, Husband agrees to maintain responsibility for the following debts: Chase Visa, with an approximate date of separation balance of $2,260; FIA Visa, with an approximate date of separation balance of $1,875; student loans, with an approximate date of separation balance of $8,162; M&T personal loan, with an approximate date of separation balance of $7,507.00. Wife agrees to maintain responsibility for any debts that are listed in her name individually. Specifically, Wife agrees to maintain responsibility for the following debts: American Express, with an approximate date of separation balance of $5,530; student loans, with an approximate date of separation balance of $17,384.71 (of which approximately $5,500 is marital), PSECU Visa loan, with an approximate date of separation balance of $850.00. 13. Warranty as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 14. Life Insurance: Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party shall sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies. 15. Spousal Support. Alimony, Alimony Pendente Lite and Spousal Maintenance: a.) Wife hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. b.) Husband hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal 1 maintenance, counsel fees and expenses against Wife. 16. Medical Insurance: From the date of separation forward, previously identified as October 6, 2007, Husband and Wife shall each be responsible for the cost of any unreimbursed medical expenses for themselves for all medical, dental, eye, and/or any other health related costs, to include and not be limited to psychological and counseling expenses. Husband shall maintain coverage for Wife's health insurance and shall maintain that coverage until the time a final decree in divorce is entered. Upon entry of the decree in divorce, Wife shall elect her own health, medical and dental insurance, either under the applicable provisions of COBRA, with Husband's group health insurance or another comparable plan. 17. Income Tax: The parties agree to file a joint tax return for the 2007 tax year and equally divide any refund received. Husband shall be responsible for the preparation of the tax returns for 2007. The parties shall file separate returns for the 2008 tax year. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 18. Mutual Releases: Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge one another, and their respective heirs, estates, executors and assigns, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other, of whatever nature and wheresoever situate, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property and income, past, present or future, except those rights, agreements and obligations, arising under this Agreement or for the breach thereof. 19. Divorce: At the time of execution of this Agreement, Husband has commenced an action for divorce against Wife. It is understood and agreed that any Decree in Divorce which may be issued between the parties shall incorporate this Agreement. Further: a.) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under §3502, et. seq. of the Pennsylvania Code, Act. No 1980-26. b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. 20. Legal Fees: In the review and preparation of this Agreement each party incurred his or her own legal fees and shall each be responsible for their own fees. 21. Non-Compliance: If either party fails to comply any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such failure, in which event the non-complying party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, ? J whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. 22. Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 23. Summan of Effect of Agreement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 24. Tax Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or 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. 25. Mutual Cooperation/Duty to Effectuate Agreement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 26. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 27. Severability: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 28. No Waiver of De ault: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 29. Inte rg ation: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from a such judgment for divorce and may be enforced as an independent contract. 30. E Pict of Divorce Decree: 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. 31. Waiver or Modification to be in Writing: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 32. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 33. Agreement Binding on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 34. Governing Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: N\ ?- 0.7 Date BEN AMIN E. HICKS 4XVAQ ---ta ate LLY 14 . HIC COMMONWEALTH OF PENNSYLVANIA COUNTY OF LIZ/ : On this l 7 day of A p, 2007, before me, the undersigned officer, personally appeared, BENJAMIN E. HICKS, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL Notary c PUBLIC KAND1 L. LENKER, NOTARY P BORO, CUMBERLAND COUNTY [CARLISLE Y COMMISSION EXPIRES MARCH 10, 2009 COMMONWEALTH OF PENNSYLVANIA COUNTY OFu On this t)(""'-day of C,. Z 2007, before me, the undersigned officer, personally appeared KELLY B. HICKS, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public .-UMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Victoria L. Otto, Notary Public Carlisle Borough, Cwnberlaod County M com®iaioa e: im Deeemba 20, 2010 c ..r ci h _ Jl z5[71 ? ''3 c n FARLESTlients\12808 Hicks\12808. Lhconsentwaiver.doc Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant BENJAMIN E. HICKS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6683 CIVIL ACTION - LAW KELLY B. HICKS, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on November 2, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of 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. I verify that the statements made in this affidavit are true and correct. false statements herein are made subject to the penalties of 18 Pa. C.S. unworn falsification to authorities. Date: ? /)C ! a I understand that § 4904 relating to F ° _0 Cl; °r m3 ? t L) FEB 11200$ Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant BENJAMIN E. HICKS, Plaintiff V. KELLY B. HICKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6683 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 4 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. /-I , J 1/1 Date: a ho /0,8 r-? t""s ?` ?c?t G ° ? ? ?? -?.? +'T; t'c1 ??'? iT,?? ?f r. .-'lam" - ? .., Fem..,. d? ?' ,fie... ?L.•.... 4J Y = ? ..-..??q F ?? ??. t,' .3? ?.H? ^ . r J ti r 1?? a ? - y . . ? ? F _, " ? ? ? T?3 ? ? F:\FILES\C1ients\12808 Hicks\12808.1.consentwaiver Created: 9/20/04 0:06PM Revised: 2/6/08 11:03AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant BENJAMIN E. HICKS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6683 CIVIL ACTION - LAW KELLY B. HICKS, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on November 2, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of 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. 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: 2z=-f Kelly b. Hicks, Defkdant ?t ? d,?f C ..? ..'"? ? r ? 7. ' ' ?'? ?,.. i . ??? ??. ?? ? .?'' (y'? t Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant BENJAMIN E. HICKS, Plaintiff V. KELLY B. HICKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6683 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver 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: J Kelly B. Hicks, Def n t -TI T r'i BENJAMIN E. HICKS, Plaintiff V. KELLY B. HICKS Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant's counsel accepted service of the Complaint on November 5, 2007. Proof of service was filed with the Court on November 27, 2007. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was signed: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-6683 IN DIVORCE By Plaintiff: February 10, 2008 and filed with the Prothonotary on February 14, 2008. By Defendant: March 7, 2008 and filed with the Prothonotary on March 24, 2008. 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated December 21, 2007 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: February 10, 2008 and filed with the Prothonotary on February 14, 2008. By Defendant: March 7, 2008 and filed with the Prothonotary on March 24, 2008. SAIDIS, FLOWER & LINDSAY ATIDRNEYSvCI LAW 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY ., A Marylou( atas, Es ire Supreme Court ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff _ _ r t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. BENJAMIN E. HICKS 07-6683 VERSUS KELLY B. HICKS NO. DECREE IN DIVORCE AND NOW, €? i S Zao , IT IS ORDERED AND BENJAMIN E. HICKS DECREED THAT AND KELLY B. HICKS ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,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; The terms of the Separation and Property Settlement Agreement dated December 21, BY THE CO PROTHONOTARY 2007 are incorporated, but not merged, into this Decree in Divorce. ,Yks- f os - (?ca-4. eo fl m4 f liza- i? Ag, /71. 16LIs- I-Ty J. ?p