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HomeMy WebLinkAbout07-7129 AMY DAVIS BENCH : IN THE COURT OF COMMON PLEAS Plaintiff', Pro Se : CUMBERLAND COUNTY PENNSYLVANIA 1 4 VS : NO. a -7 - 7 1 a- q L?iv 1 r rA- DARYL MAC BENCH : CIVIL ACTION - LAW Defendant, Pro Se : IN DIVORCE NOTICE TO DEFEND AND CLAM 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 within twenty (20) days. 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, Pro Se. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pa 17013. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE PERSON AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 23 BEDFORD ATREET CARLISLE, PA 17013 717-240-3166 AMY DAVIS HENCH Plaintiff, Pro Se Vs. DARYL MAC HENCH Defendant, Pro Se : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA NO. CIVIL TERM 6 7 -71,d-l IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301W OF THE DIVORCE CODE 1. Plaintiff, Pro Se is Amy Davis Hench, who currently resides at PO Box 228, Grantham, Pa 17027, Cumberland County, Pennsylvania. 2. Defendant, Pro Se is Daryl Mac Hench, who currently resides at 112 East Keller St, Mechanicsburg, Cumberland County, Pa. 3. Plaintiff, Pro Se and Defendant, Pro Se have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff, Pro Se and Defendant, Pro Se were married on July 14, 1984, in Irwin, Pennsylvania and have lived separate and apart since July 1, 2005. 5. There have been no prior action of divorce or annulment between the parties and there are no child support issues relevant due to no minor children. 6. There are no minor children of this marriage. 7. There is no real estate property of this marriage. 8. The marriage is irretrievably broken. 2 r f? 9. Plaintiff, Pro Se and Defendant, Pro Se have been advised of the availability of counseling and each have waived their respective right to request that the Court require the parties to participate in counseling. 10. Plaintiff, Pro Se requests that she retain her maiden name of Amy Davis. WHEREFORE, Plaintiff, Pro Se and Defendant, Pro Se requests the court to enter a decree of divorce. DATED: h - ;, 4 - -) 0 (7 -7 I verify that the statements made in this complaint in Divorce are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. section4904 relating to unworn/ falsification to authorities. Amy Davis Hench Plaintiff, Pro Se PO Box 228 Grantham, Pa 17027 Sworn and subscribed to before me this of the State of Pennsylvania.. ? day of November, 2007, a Notary Public PM* w My Am* 6&i Eyo. AIM K'fws, r r h' aG` r -so IJ : tk' O ?J Q VV V t? W w `rt`V V C) rv QD ?f C CID ?:) 1F -.4Z S +s w r AMY DAVIS HENCH Plaintiff, Pro Se vs. DARYL MAC HENCH Defendant, Pro Se : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : NO. CIVIL TERM 07 - -7 IN DIVORCE MEDIATED MARRIAGEI ISETTLEMENT AGREEMENT rrrr.r.rrr??I Irrrr?rrrrrrr .?? ¦? THIS AGREEMENT, made this day of A/ , 2007, by and between Amy Davis Hench, hereinafter referred to as "Wife", pro se, and Daryl Mac Hench, hereinafter referred to as "Husband", pro se. WITNESSETH: WHEREAS, Husband and Wife were lawfully married on July 14, 1984 in a religious ceremony by Reverend Larry Dunster in the town of Irwin, Pennsylvania and separated on March 31, 2005; and WHEREAS, Husband and Wife have no minor children which would effect this Agreement; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties. hereto, both are proceeding forward as pro se Wife and pro se Husband, and each having an opportunity to consult with an attorney of his own choosing prior to the execution of this document, and waived their rights to consult with attorneys and have come to the following mutual Mediated Agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. I1VTRFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation, she has not, and in the future she will not, contract or incur by debt or liability for which Husband or his estate might be responsible and shall indemnify, defend and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. RUSBAAD'S DEBTS: Husband represents and warrants to Wife that since their separation, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify, defend and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5: OUTSTANDING MARITAL DEBT Husband and Wife acknowledge and agree that they have no outstanding marital debts. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property and marital debt in accordance with the Pennsylvania Divorce Code of 1980, as amended. Subject to the provisions of this Agreement, each parry has released and discharged the other, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 7. EQUITABLE DISTRIBU, TION OF MARITAL PROPERTY: The parties have distributed their marital property in a manner which conforms to the criteria set forth in 23 Pa. C.S.A. Section 3501 et. seq., and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division- is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPER The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of We from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Furthermore, it is agreed that the any items currently located at the marital home will be distributed between Wife and Husband at the time of the final signing of this agreement. B. DISPOSITION OFREAL ESTATE: Husband and Wife have no property titled in their respective names. C. PENSIONAND RETIREMENT BENEFITS: Husband and Wife have agreed to waive their individual rights to their respective pension and/or retirement plans. D. TAX LIABILITY:. The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. MOTOR VEHICLES: The parties agree that Wife will retain 2000 Pontiac Gran Prix, and, Husband will retain 1994 .Chevy silverado Truck. Husband and We have waived their individual rights to this property and have transferred respective titles to each other prior to this Agreement. 9. HEALTH. AUTOMOBILEA" LIFE I1rMWANCE: Husband and Wife shall maintain their own individual health, medical, and/or Automobile, and, Life inmumce. Neither party shall be responsible for any health costs or medical expenses incurred by the other and which are not covered by the said health insurance policy and each party will indemnify and hold harmless the other from any claim put forth in that regard. 10. ALIMONY: Wife and Husband have agreed to waive their rights to Alimony. 11. COURT FEE& ANDEXP Husband and Wife have agreed to share any court fees and expenses for this Meidated Agreement 12. INCOME TYRETUS: The parties have heretofore filed joint federal and state income tax returns through and including 2007. After the signing of this Agreement, both parties have agreed to file separate federal and state income tax returns. 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 talc, interest, penalty 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. M QE CL," AGAINST ESTATES: 13. WAIV Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right and take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect his mutual waiver and relinquishment of all such interests; rights and claims. 14. Mf1TUAL CONSENT DIVORCE; The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa. C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, waivers of notice, or other documents and are continuing as pro se, such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa. C.S.A. Section 3301(c) or (d) in accordance with this agreement. Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named Plaintiff Pro Se and Defendant, Pro Se in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in and merge into any final divorce. 15 . 81EACHAND EIVFURCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief and may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all, further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accounts, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further both parties hereby acknowledge that they have the right to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and the legal effect have been fully explained to the parties, and each party acknowledges that the 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 sought out all information relating to the financial affairs of the other which has been requested and supplied to each other voluntarily. 19. ENTIREAGREEMEA This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife 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 any 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 23 Pa. C.S.A. Section 3501 et, seq. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish 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. 20. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement 21. MODIFICATIONAND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. PRIOR AGREE: There are no prior agreements. 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 24. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 25. APPLICABLE LA W: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 28. RETENTION OFMAIDENNAME: Wife will retain maiden name of Amy Davis. IN WITNESS WHEREOF, the parties intending to be bound hereto have set their hands and seals the day and year first above written. fitness Witness /1!/ --J2? Amy DavK, ife) ench (Husband) Sworn and subscribed to before me this day of November, 2007, a Notary Public of the State of Pennsylvania. Y Nob" Pu00c ftb Of PM VIN" vY AP **W E*m 1t M010 ? ra 0 y C`J ry" • ? c u; i?S?dit\; Q anti= ? ? rv=^+n,raw?Ka +? a AMY DAVIS HENCH Plaintiff, Pro Se vs DARYL MAC HENCH Defendant, Pro Se : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : NO. 07-7129 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, AMY DAVIS HENCH, PLAINTIFF PRO SE, hereby certify that I have, on November 29, 2007, caused a true and correct copy of the Divorce Complaint to be served upon the person named below by way of certified first class mail, postage prepaid, return receipt requested. A copy of the return receipt is herein attached. Daryl Mac Hench 112 East Keller Street Mechanicsburg, Pa 17055 Dated / a- - t `0 ? By: Amy Wvis Hench Plaintiff pro se On this I' day of December, 2007, before me, a Notary Public of Pennsylvania, personally appeared the above affiant known to me whose name is subscribed above and acknowledged that she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set hand. and official seal. G- Notary Pub i sylvania dPPnRSlrhr? s, ,nary o, hhe tangly 4Yla 01; JO/p0+0 „,s?4 ,,? ??' r ?ti? i ?'. r It ?? g? g I? e t L .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ,PENNSYLVANIA AMY DAVIS HENCH Plaintiff, Pro Se vs DARYL MAC BENCH Defendant, Pro Se File no. -07-7129 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff, pro se, Amy Davis Hench, prior to the entry of a Final Decree in Divorce, hereby elects to resume her prior surname of Amy Davis, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date: % ; too 7 Wature of Plainti Pro Se O Signature of nameing resumed by Plaintiff Pro Se COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) On the 1st day of December 2007, before me, a Notary Public of Pennsylvania, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose of therein contained. In Witness Whereof, I have hereunto set my hand and official seal. tary Publi ?f ftd glfyM?OWNP A t vie U '? AMY DAVIS HENCH Plaintiff Pro Se VS DARYL MAC BENCH Defendant, Pro Se IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO._ CIVIL TERM IN DIVORCE AFFIDAVIT OF NON NIILITARY SERVIC T DEFENDANT IS NOT IN THE MILITARY SERVICE CUMBERLAND COUNTY SS: STATE OF PENNSYLVANIA Before me, the undersigned authority, personally appeared, Amy Davis Hench, Plaintiff, pro se, who being duly sworn according to law, doth depose and say that Daryl Mac Hench, Defendant, pro se, is not in the Military or Naval Service, based on the following facts: Age of Defendant is 44; present place of employment: self employed; present place of residence: 112 East Keller Street, Mechanicsburg, Pa as of the date of this Affidavit. AMY AVIS BENCH Sworn and subscribed to before me this S7 day of November, 2007, a Notary Public of the State of Pennsylvani /y VWjPk6 fa sodpawAyi nN1 orpNf.1 e ¦r ngowovWwo rAdfA h . .:$olnorto _ -ra zz, µ Lr? J ," AMY DAVIS HENCH Plaintiff, Pro Se VS DARYL MAC BENCH Defendant, Pro Se : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO CIVIL TERM 01-- 7/ !?'q : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under section 3301(c)of the divorce code was filed on November ,4 , 2007 2. The marriage of Plaintiff and Defendant is irretrievably broken. 3. I consent and waive the 30 day waiting time to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree as attached hereto. 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. CS section4904 relating to unsworn falsification to authorities. Dated: 1' / y 6`7 AMY DAVIS BENCH Plaintiff, Pro Se co AMY DAVIS HENCH Plaintiff, Pro Se VS DARYL MAC RENCH Defendant, Pro Se : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA NO.. CIVIL TERM : IN DIVORCE / a- AFFIDAVIT OF CONSENT 1. A complaint in Divorce under section 3301(c)of the divorce code was filed on November F , 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken. 3. I consent and waive the 30 day waiting period and 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. CS section4904 relating to unsworn falsification to authorities. ?? &.1 Dated: y ARYL MAC HENCH Defendant, Pro Se t? .C AMY DAVIS HENCH Ph"tiff, Pro Se VS DARYL MAC BENCH Defendant, Pro Se : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA NO, ZIVIL TERM o'7 --71 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c)of THE DIVORCE CODE 1. I Consent to the entry of a final decree of divorce without notice and waive the waiting period. 2. 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 Prothonotory. 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. CS section 4904 relating to unsworn falsification of authorities. Dated: - a?T- 07 DARYL MAC HENCH Defendant, Pro Se ?_ ,-? r -t+``° !"?'S ? _y_-rt j'fl ?= ? r;? .';'S ?? `? ;; t, ?? "__ -at _? ._. ?' ` ?' :? ? x1 ;^? "":? ? AMY DAVIS HENCH Plaintiff, Pro Se VS DARYL MAC HENCH Defendant, Pro Se IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c)of THE DIVORCE CODE 1. I Consent to the entry of a final decree of divorce without notice and waive the waiting period. 2.1 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 Prothonotory. 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 CS section 4904 relating to unsworn falsification of authorities. Dated: 0-7 ?' ?: t( ..?f 1.G?1 AMY DAVIS HENCH, Plaintiff Pro Se r? Al AMY DAVIS HENCH Plaintiff, Pro Se VS. DARYL MAC HENCH Defendant, Pro Se : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA NO.07-7129 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTORY• PLEASE Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Original complaint filed November 28, and served on defendant by Certified mail November 29, 2007, copies of certified mail receipt attached herein. 2. Affidavit of Non Military Service of Defendant herein attached. 3. Plaintiffs Waiver of Notice herein attached. 4. Defendant's Wavier of Notice herein attached. 5. Affidavit of Consent by Plaintiff herein attached. b. Affidavit of Consent by Defendant herein attached. By signing below, we certify that we have both received a true and correct copy of the foregoing Praecipe to Transmit the Record and all of the above listed documents this _?day of December, 2007 I verify that the statements made in this complaint in Divorce are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. section4904 relating to unwornfaajllsification to autparities. Amy Davis Hench SSN Plaintiff, Pro Se PO Box 228 Grantham, Pa 1702 " Da c ch, SSN' lW dent, Pro Se 112 East Keller Street Mechanicsburg, Pa 17055 Sworn and subscribed to before me this _?j_?dqy of November, 2007, a Notary Public of the State of Pennsylvania. an.a"ft* tF ?'?&pk" Ot/30MO t -TI r'ii [ T'i r?~.J C.LS 1? { AMY DAVIS HENCH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DARYL MAC HENCH, DEFENDANT 07-7129 CIVIL TERM ORDER OF COURT AND NOW, this t, day of December, 2007, the praecipe for the entry of a decree in divorce IS DENIED AT THIS TIME.' By the CouA-, Edgar B. Bayley, ,Xmy David Hench, Pro se P.O. Box 228 Grantham, PA 17027 ,,Oaryl Mac Hench, Pro se 112 East Keller Street Mechanicsburg, PA 17055 :sal J ' The complaint for divorce was filed on November 28, 2007, and service was accepted on November 29, 2007. The praecipe is for the entry of a divorce decree is under Section 3301(c) of the Divorce Code. Pa. Rule of Civil Procedure 1920.42(b)(1) requires ninety days or more after the filing and service of the complaint for the entry of a Section 3301(c) divorce. LLJ LIJ C..) tx.J ? n y a AMY DAVIS BENCH Plaintiff, Pro Se VS DARYL MAC BENCH Defendant, Pro Se : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA :NO. 07-7129 CIVIL TERM IN DIVORCE 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 and waive the waiting period. 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 Prothonotory. 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. section 4904 relating to unsworn falsification of authorities. Dated: f, ?Vae AMY DAVIS HENCH, Plaintiff Pro Se ?? ?r4Y- ? ? '?-?-,-. ?'E7 '? ?° r'+ ?t"? ,_,{ AMY DAVIS BENCH Plaintiff, Pro Se vs DARYL MAC BENCH Defendant, Pro Se : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : NO. 07-7129 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under section 3301(c)of the divorce code was filed on November 28, 2007 2. The marriage of Plaintiff and Defendant is irretrievably broken. 3. I consent and waive the 30 day waiting time to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree as attached hereto. 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. section 4904 relating to unworn falsification to authorities. Dated: a? ?? AMY DAVIS HENCH Plaintiff, Pro Se w F -o n ,,Q AMY DAVIS BENCH : IN THE COURT OF COMMON PLEAS Plaintiff, Pro Se : CUMBERLAND COUNTY PENNSYLVANIA VS : NO. 07-7129 CIVIL TERM DARYL MAC BENCH Defendant, Pro Se : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under section 3301(c) of the divorce code was filed on November 28, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken. 3. I consent and waive the 30 day waiting period and 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. section 4904 relating to unworn falsification to authorities. Dated: DA M/ MAC BENCH Defendant, Pro Se w •- k. J p.?r? Isr'f AMY DAVIS BENCH Plaintiff, Pro Se vs DARYL MAC BENCH Defendant, Pro Se : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA NO. 07-7129 CIVIL TERM IN DIVORCE 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 and waive the waiting period. 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 Prothonotory. 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 CS section 4904 relating to unsworn falsification of authorities. ._S Dated: DAR MAC HENCH Defendant, Pro Se C'> M x z> 33 G.. -i ? 'mss AMY DAVIS HENCH Plaintiff, Pro Se V9. DARYL MAC BENCH Defendant, Pro Se : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : NO.07-7129 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO TIRE PROTHONOTORY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: Irretrievable breakdown under 3301(c ) 2. Date and manner of service of the complaint: filed November 28, 2007; served by certified mail November 29, 2007; 3. Plaintiffs revised Waiver of Notice of Intention to Request Entry of a Divorce Decree under 33010 of the Divorce Code herein attached 2. Defendant's revised Wavier of Notice of Intention to Request Entry of a Divorce Decree under 33010 of the Divorce Code herein attached. 3. Affidavit of Consent by Plaintiff herein attached. 4. Affidavit of Consent by Defendant herein attached. By signing below we verify that we have each received copies of the above documents. We verify that the statements made in the attached documents are true and correct. We understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. section4904 relating to unworn falsification to authorities. 3/q/o 8' Davis Hench Mac He , Plaintiff, Pro Se Defendant, Pro Se PO Box 228 112 East Keller Street Grantham, Pa 17027 Mechanicsburg, Pa 17055 Q?i of ?r?we? rco vwre Mre.wr.w.aw..?aw? 3-9•v ar .?:, ?nasR ?? ? .,, ??, .?, .? PV• Wr., •4 RYM4R M??MA?J ?.t, 'i COMMONWEALTH OF PENNSYLVANIA ss: CUMBERLAND COUNTY Amy Davis Hench, Plaintiff and Daryl Mac Hench, Defendant, personally appeared before me, a Notary Public of the State of Pennsylvania and executed the documents hereto attached Sworn and subscribed to before me this 9th day of March, 2008. 00 Of t+prd.t a.r , Maynst Fdzpaukk cu'IN-4nd Co y'11wC MY C9mm.SRl , FxP'ms 01/gyp/ ? w ?1{i arc} aw ' Pi "l7M AMY DAVIS HENCH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DARYL MAC HENCH, DEFENDANT 07-7129 CIVIL TERM ORDER OF COURT AND NOW, this day of March, 2008, the praecipe for the entry of a decree in divorce IS DENIED AT THIS TIME.' ? Amy Davis Hench, Pro se P.O. Box 228 Grantham, PA 17027 `Daryl Mac Hench, Pro se 112 East Keller Street Mechanicsburg, PA 17055 sal Col By the Co ' Neither husband nor wife's waiver of notice of intention to request entry of a divorce decree under § 3301(c) of the Divorce Code conforms with the waiver required by Pa. Rule of Civil Procedure 1920.72(c). cv r- cri r cn a, c?'v U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Yet J oa? f s L??c VERSUS 'ar L Ac- wL?21? ? ra-w ra ?? No. ;o o <';?I DECREE IN DIVORCE AND NOW, IT IS ORDERED AND A (/j/? J? vt S rr L" mac- PLAT NTI FF, DECREED THAT ._,DEFENDANT, AND 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; BY THE COU r, A ATTEST: J. PROTHONOTARY -,g -pv ?- " ? ,