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HomeMy WebLinkAbout03-6313STEVEN C. GOULD, VS. ~DRIANNA }~. GOULD Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03- ~3~/~ CIVIL TERM : IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree 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, 17013. 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, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff ~ndsay, E;quire 26 West High Street Carlisle, PA 17013 (717) 243-6222 WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in Divorce divorcing Plaintiff from Defendant pursuant to 23 Pa. C.S.A. § 3301 (c) or, in the altemative, 3301 (d). SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: Carol J. 'L i n d s'a~E~ll~i rre "~ ID # 44693 ~ ~,_ 26 West High Street Carlisle, PA 17013 (717) 243-6222 Date: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High S~reet Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA STEVEN C. GOULD, VS, ADRIANNA R. GOULD, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-~.~[3 CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO 23 Pa. C.S.A. § 3301 ¢c) or § 3301 (d) of the Divorce Code STEVEN C. GOULD , Plaintiff, by his attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is STEVEN C. GOULD , who currently resides at 113 Woodview Drive, Mount Holly Springs, Cumberland County, Pennsylvania, where he has resided since October 1999. 2. The Defendant is ADRIANNA R. GOULD who currently resides at 113 Woodview Drive, Mount Holly Springs, Cumberland County, Pennsylvania, where she has resided since October 1999. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 6th, 1993 in Pana, Illinois. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. VERIFICATION I, the undersigned, hereby verify that the statements made herein 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 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS ShqJFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA BEC 1 12O03 STEVEN C. GOULD, Plaintiff VS. ~,DRIANNA R. GOULD Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-6313 CIVIL TERM : : ACCEPTANCE OF SERVICE I accept se,-~ico of the c-... -.-, ;,, Divorce in the abow captioned matter on behalf of the Defendant, Adrianna R. Gould, and am authorized to do so. Date[~/g/0-% Marianne E. Rudebusch, Esquire 4711 Locust Lane, Harrisburg, PA 17109 STEVEN C. GOULD, Plaintiff VS. ADRIANNA R. GOULD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION -. LAW : NO. 03-6313 CIVIL TERM : : IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this ~'~ day of ~, 2 0 0 4, BETWEEN Steven C. Gould, of 113 Woodview Drive,-Mt. Holly Springs, Cumberland County, Pennsylvania, hereinafter referred to as Husband, AND Adrianna R. Gould, of 113 Woodview Drive, Mt. Holly Springs, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.I: The parties hereto are husband and wife, having been joined in marriage on, November 6, 1993, in Pana, Illinois; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 03-6313, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. R4: The parties also desire to settle their issues of custody of their minor children, Preston D. Gould born February 8, 1997 and Madison R. Gould, born May 29,1999, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and premises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legallly bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he ':or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest: the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action, and will execute anti file the necessary documents to finalize the divorce after the expiration of ninety (90) days of the service of the Complaint and the moving party shall move for the entry of the divorce decree at that time. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 113 Woodview Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. On the same day as the date of this agreement Husband will execute a special warranty deed transferring to Wife all his right, title and interest in the marital home. The deed shall be held in escrow with Husband's attorney. Wife will promptly list the marital home for sale. in the event that the marital home is sold within two years of the date of this agreement, then from the proceeds of sale shall be paid the usual costs of sale, the mortgage payoffs and $5,000.00 to Husband. Wife shall receive the remaining proceeds of sale of the marital home. If the home is not sold within two years from the date of this agreement Wife will immediately refinance the marital home. On the date of the refinance, Husband will provide the deed to the marital home to Wife. Wife will pay to Husband, on the date of refinance, $10,000.00 on account of his willin~gness to accept the obligation for the credit cards and to permit to Wife to remain in the home, and enjoy its increase in value, for two years. Husband will vacate the marital home on or before August 31, 2004. Husband will pay the mortgage and household related expense due in August 2004. Thereafter, pending sale or refinance of the m-'~rital home, Wife will be solely responsible for payment of the mortgages, taxes, insurance and all costs associated with the marital home and shall indemnify and hold Husband harmless from any liability on account of those costs. (4) DEBT: A. MARITAL DEBT: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of tlhis Agreement, except as follows: i. Chase Gold Visa, with an approximate value of $16,284.00 ii. AT&T Universal Card, with an approximate value of $9,113.00 iii. Retail Services Card, with an approximate value of $1,268.00 Husband will pay the foregoing marital debts and will indemnify and hold wife harmless from any and all claims and demands ma,~le against her by reason of such debts and obligations. Wife's name will be removed from all marital credit cards. B: Poet Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on December 4, 2003, 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. C: Future Debt: From the date of this agreement 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. (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor w~hicles currently in possession of the other party. The marital vehicles are jointly titled and both are liened. Within ten (10) days of request of the party receiving a vehicle the other shall execute any documents necessary to have said vehicles properly transferred to the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemni~! the other party from any loss thereon. Wife shall receive the Honda Odyssey and shall be solely responsible for the payment on the lien on that vehicle. Wife shall indemnify and hold Husband harmless on account of any liability for the Odyssey lien. Husband will retain the 1995 Rodeo and be solely responsible for the obligation which liens that vehicle. Husband will indemnify and hold Wife harmless on account of any obligation for his vehicle loan. (6) TANGIBLE PERSONAL PROPER'Pr: With the exception of those items set out on Exhibit "A" attached hereto, which shall be the sole and separate items of the person indicated on Exhibit "A", the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools 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 property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of olr in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and t!he like. Husband shall retain his PSERS pension as his own separate property. Wife will maintain her PSERS pension as her own separate property. {8) CUSTODY OF CHILDREN: The parties agree that legal custody of their minor children, Preston D. Gould born February 8, 1997 and Madison R. Gould, born May 29, 1999, shall be joint, with both parties having the right to make major parenting decisions affecting the children's health, education and welfare. The parties will equally share physical custody of the children as follows: a) b) Father shall have physical custody of the children from Tuesday night after work until Wednesday morning, from Wednesday night after work until Thursday morning, and every other weekend from Friday after work until Monday morning when he shall deliver the children to school, daycare or to Mother's residence. Mother will have custody of the children from Monday morning until d) Tuesday after school, from Wednesday morning until Wednesday after school and on Thursday morning until Friday afternoon, and every other weekend from after work until Monday morning when she shall deliver the children to school or daycare. The parties will alternate the following Ilolidays: Martin Luther King Day, President's Day, Easter, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day and Thanksgiving. The party exercising cL,stody on the holiday will receive the children at 9:00 a.m. and return them to the normal custodial parent at 8:00 p.m. This alternating schedule shall commence with Father having custody of the children on Labor Day 2004. The parties will divide the Christmas Holiday into two segments. Segment A shall extend from after school or work on December 24 until noon on December 25 and Segment B shall extend from noon on December 25 until noon on December 26. In 2004 and in all even numbered years, Husband shall enjoy custody of the children during Segment A and Wife shall have custody during Segment B. In odd numbered years Wife will have custody in Segment A and Husband shall have custody during Segment B. On New Year's Day the parties will enjoy custody of the children in two segments. Segment A shall extend from after school or work o~n December 31st until noon on January 1st and Segment B shall extend from noon on January 1't until e) g) noon on January 2"d. The alternating segments shall commence in 2004/05 with Husband enjoying custody on Segment A and Wife enjoying custody on Segment B. In 2005/06 Wife will have custody during Segment A and Husband will have custody dudng Segment B. Husband shall have custody of the children on Father's Day from 9:00 a.m. until 8:00 p.m. Mother will have custody of the children on Mother's Day from 9:00 a.m. until 8:00 p.m. The parties will have 14 days vacation days during the calendar year which may be taken at any time with the following restrictions: i. If those vacation days are taken during the children'ssummer vacation from school they may be attached to the party's regularly scheduled physical custody so long as the total days away from the other party does not exceed 10 days and the party wishing to exercise vacation time provides to the other 30 days notice before the beginning of the vacation period, provided, however, that if vacation days are taken during the summer and do not exceed two days at one time, only a seven day notice to the other party is required. Each party is responsible for transporting the children to their school, daycare and activities during his or her pedod of custodial time and, in the event the other party is not awailable to care for the children, providing affordable and suitable daycere. h) The parties shall enjoy liberal phone contact with the children during their periods of custody with the other party. i) Vacation shall supercede regularly scheduled periods of physical custody and holidays shall supemede vacations and regularly scheduled periods of custody. j) The parties' agreement is to provide equally shared physical custody of the children with the intention that the ,children will spend the day times during their school vacations with Wife subject to holidays, vacations and regularly scheduled custodial times with Father as set out above. k) The parties may alter their custodial arrangement by agreement: (9) CHILD SUPPORT: Commencing the first month after his removal from the marital home, Husband shall pay to Wife for the use, benefit, support and maintenance of their minor children, the sum of Seven Hundred and Fifteen Dollars per month ($715.00) which payment shall be made on a bi-weekly basis ($330.00 per pay) to coincide with husband's pay schedule. Husband shall provide health insurance coverage for the benefit of the minor children so long as it is available through his employment at a reasonable cost. In the event that medical insurance becomes available to Wife at a lesser cost, Wife will provide the insurance. Wife will pay the first $250.00 of all un-reimbursed medical expenses and the parties will equally divide all un-reimbursed medical expenses in excess of $250.00 per child. Similarly, the parties will equally share the cost of the daycare during the school year. They will make their payments to the daycare provider directly. For income tax purposes Wife will claim Preston as a dependant. She may also claim one half (1/2) of the daycare expenses on her federal income tax return. Husband will claim Madison as a dependant and claim one half (1/2) of the daycare expenses on his federal income tax return. The terms of this child support section shall be made an order of court and administered through the Office of Domestic Relations of Cumberland County, Pennsylvania. Counsel for Wife shall prepare a Stipulation for review and execution by the parties and transmittal to the Office of Domestic Relations. (10) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each par[y waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (11) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel, Husband is represented by Carol J. Lindsay and Wife is represented by Marianne E. Rudebusch. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal l0 agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (12) 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. (13) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the even1: any deficiency in Federal, state or local income tax is proposed, or assessment of any, such tax is made against either of them, each will indemnify and hold harmless the otller 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. For the 2004 income tax returns, Husband is entitled to deduct one-third (1/3) and Wife is entitled to deduct two-thirds (2/3) of the mortgage, interest and taxes paid on the marital residence. (14) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any oblig~ations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division .of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement hed never been entered into. (15) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (16) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (17) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony 3_2 pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (18) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and WifE;, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quit claims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or dghts in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not liimited to all rights or claims: (1) (2) (3) to take against the other's will; under the laws of intestacy; to a family exemption or similar allowance; and 13 (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, terr'~ory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (t9) GOVERNING LAW: This Agreement :shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (20) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment 3.4 or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (21) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any -'~nd all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (22) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (23) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first wr'~ten above. WITNESS: Steven C. Gould Adriianna R. Gould 15 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA STEVEN C. GOULD, Plaintiff VS. ADRIANNA R. GOULD, Defendant .' IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 03-6313 CIVIL TERM : : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER .~3301('c) OF THE DIVORCE CODF AND WAIVER OF COUNSELING A Complaint in Divorce under {}3301 (c) of the Divorce Code was filed December 4, 2003. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divome 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsificaj~;Z, to authorities. Steven C. Gould PLAINTIFF"S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 (c) OF THE DIVORCE CODF consent to the entry of a final Decree of Divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I 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 Affidavit are true and correct to the best of my knowledge, information and belief. 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: STEVEN C. GOULD, Plaintiff V. ADRIANNA R. GOULD, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-6313 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 12/4/03. 2. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divor,ee without formal notice of the intention to request entry of a Divorce Decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 veri~ 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.A. ',Section 4904 relating to unswom falsification to authorities. Date: Ud Adrianna R. Gould SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA STEVEN C. GOULD, Plaintiff VS. ADRIANNA R. GOULD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERL3~ND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 03-6313 CIVIL TERM : : IN DIVORCE PRAFCIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) 330;(~)(I) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Defendant was served via Acceptance of Service signed by Marianne E. Rudebusch, Esquire on behalf of Adrianna R. Gould on December 8th, 2003 and flied with Prothonotary on December 18, 2003. (copy enclosed) 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff_August 3, 2004;by the Defendant July 28, 2004. Related claims pending: Nen~.: Resolved by Marital Pmped.v Se. tflement and Separation Agreement dated AHgtJSt 3: 2004, Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: August ~, ,2004. Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: AugustT~/_ ,% Carol J. Li~dsay,~.sq~i{~ ~ Suprem6' --Coud ~ 4~93 Saidis, Shuff, FI~& Lindsay 26 West High Street Carlisle PA 17013 Phone: 717.243.6222 AEorney for Plaintiff IN THE COURT OF COMMON PLEAS STEVEN C. GOULD PLAINTIFF VERSUS ADRIANNA R. GOULD DEFENDANT OF CUMBERLAND COUNTY STATE OF PENNA. NO. 03-6313 DECREE IN DIVORCE DECREED THAT C. GOULD IS ORDERED AND , PLAINTIFF, AND ADRIANNA R. C~{TT.D ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; None: The terms of the Property Settlement and Separation Agreement dated August 3, 2004 are incorporated but not merged into the Decree in Divorce. CROTHONOTARY