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HomeMy WebLinkAbout04-0616Scm~cK & L~$~Ac~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD P. CENTOLA Plaintiff VS. MARY L. CENTOLA Defendant CIVIL ACTION- LAW CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing 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 also 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: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania, 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD P. CENTOLA Plaintiff VS. ~ MARY L. CENTOLA : Defendant CIVIL ACTION - LAW NO. Oq- CIVIL TERM 1N DIVORCE NOTICE OF AVAILABILITY OF COUNSELING ScamACt~ & TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the cotat. A list ofprofessionsl marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost ofcounseiing sessions are to be bome by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. AVIS PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe romar aecion con prontitud. Se le avisa que si no se defienda, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede por cualquier otra queja o compensation reclamados por el demandant. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la ofi¢ina del Prothonotory, en la York County Courthouse, 28 East Market Street, York, Pennsylvania 17401. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITODA, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS, USTED DEBE LLEEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 SCHRACK & LINSENBACH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD P. CENTOLA VS. MARY L. CENTOLA Plaintiff CIVIL ACTION - LAW CIVIL TERM Defendant : 1N DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaimif[ RICHARD P. CENTOLA, by his attorney, Brian C. Linsenbach, and seeks to obtain a Decree in Divorce from the above-named Defendant. 1. Plaintiffis Richard P. Centola, who currently resides at 2163 Rear Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Mary L. Centola, who currently resides at 161 Chester Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The PlainthTand Defendant were married on March 24, 1972 at Waltham, Massachusetts. 5. There have been no prior actions of divorce or for annulment between the parties except a divorce action filed on or about 1977 in the Court of Common Pleas of Cumberland County. This action was not finalized. 6. The marriage is irretrievably broken. 7. The Plaintiffhas been advised of the availability of counseling and that the Plaint'ffl'may have the fight to request that the Court require the parties to participate in counseling. 8. Plaintiffrequests your Honorable Court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests your Honorable Court to grant the relief requested, C. Linsenbach~t~r e~~ SCHRACK & LINSENBACH S. Ct. I.D. #87360 Attorney for Plaintiff P.O. Box310 Dillsburg, PA 17019 Telephone (717) 432-9733 Scm c & Iassm ca VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Scm~Ac~ & IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD P. CENTOLA VS. MARY L. CENTOLA Plaintiff Defendant CIVIL ACTION - LAW No. CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaim in Divorce in the above action. Date: "'~~ola/~efendant Scmtncx & Lmsz~ncH LAW OFFICES RICHARD P. CENTOLA, Plaintiff V. MARY L. CENTOLA, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04 - 616 Civil Term : : CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jane Adams, Esquire as Attorney of record for Mary L. Centola, Defendant in the above-captioned matter. Date: Respectfully Submitted: oNAdams, Esquire o. 79465 uth Pitt Street sle, Pa. 17013 (717) 245 -8508 ATTORNEY FOR DEFENDANT RICHARD P. CENTOLA, Plaintiff V. MARY L. CENTOLA, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04 - 616 Civil Term : : CIVIL ACTION - LAW : AFFIDAVIT OF SEPARATION 1. The parties to this action separated in 1977 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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 unswom falsification to authorities. l~/lary L.' Cen~01~ Defendant RICHARD P. CENTOLA, Plaintiff MARY L. CENTOLA, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04 - 616 Civil Term : : CIVIL ACTION - LAW AFFIDAVIT OF SERVICE AND NOW, this March 10, 2004, I, Jane Adams, Esquire, hereby certify that on or about March 8, 2004, a certified tree copy of the AFFIDAVIT OF SEPARATION, was served, via certified mail, return receipt requested, addressed to: Brian Linsenbach, Esquire Schrack & Linsenbach 124 W. Harrisburg St. P.O. Box 310 Dillsburg, Pa. 17019-310 ATTORNEY FOR DEFENDANT Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF RICHARD P. CENTOLA, Plaintiff VS. MARY L. CENTOLA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-616 Civil Term DIVORCE AFFIDAVIT OF SEPARATION 1. The parties to this action separated in 1977 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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. RICHARD P. CENTOLA, Plaintiff RICHARD p. CENTOLA, Plaintiff V. MARY L. CENTOLA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- 616 Civil Term CIVIL ACTION - LAW MA _R~I_ AGE SETTLEMENT AGREEMENT b THIS AGREEMENT, made this /~-, ~ da" of/~ "" ' etween, MARY L. CENTOLA, of Carlisl~e. r,__~_ , Y, _ ,2004, by and -, ~.umoerlana uoumy, t'ennsylvania, hereinafter referred to as "WIFE", and RICHARD p. CENTOLA, of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "HUSBAND". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on March 24. 1972, in Massachusetts, and; · WHEREAS, there was one child born of this marriage; WHEREAS, differences, disputes, and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, .and/or maintenance of Husband or Wife; and in general, the settling of any and ali possible c~aims by one against the other or against their respective estates; NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior 1!o the execution of this Agreement as well as any other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party lbr entering into this agreement. 2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel of Brian Linsenbach, Esquire, as his attorney. The Wife has employed and had the benefit or counsel of Jane Adams, Esquire, as her attorney. Each party has carefully and completely read this agreement and has been advised and is completely aware riot only of its contents but of its legal effect. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth their respective rights and duties while they continue to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Husband has filed a Complaint in Cumberland County, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301 (c) of the Penasylvania Divorce Code. Wife hereby expresses her agreement that the marriage is irretrievably, broken and expresses her intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. 5. 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. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. HUSBAND and WIFE each do hereby mutually remise; release, quit-c/aim and tbrever discharge the other and the estate of the other, of .and from any and all rights; titles, and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, or whatever nature and wheresoever situate, which she or he now bas or at any time hereafter may have against such other, the estate of such other or any part th.reot, whether arising out of any former acts, contracts, engagements, or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights ora surviving spouse to participate in the decease spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth, or territory of the United States, or any other country, or any rights which Wife may have or at any time hereafter have lbr past. present or future support or maintenance, alimony, alimony pendente lite., counsel fees~ cost} or expenses, whether arising as a result of any marital relation or otherwise, except, and only except, all fights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. 7. WARRANTY OF DEBTS AND FUTURE OBLIC;ATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnil!y or hold harmless from and against all future obligations of every kind incurred by them, im:luding those for necessities. 8. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. s3501 et. seq. and taking into account the tbllowing considerations: the length of the marriage, the age, health, station, amount, and sources of income, vocational skills, cmployability, 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 for 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 progeny, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 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 the marital rights of the parties. As such, the parties acknowledge that Husband or Wife's c, bligation to make the payments defined in this agreement shall not be subject to termination, discharge, or discontinuance in bankruptcy or for any other reason or by any Co,art or tribunal. Should Husband or Wife pursue and action in bankruptcy and be successfi~l in extinguishing his obligation to pay any debts for which he has assumed sole obligation as set forth herein, he or she shall immediately be obligated to pay alimony to the other party in an amount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he had taken sole obligation and responsibility, plus an additional fifteen gercent (15%) in consideration of the tax consequences associated with receipt of alimony. At the time of the implementation of this alimony award, which may be made throngh the appropriate Domestic Relations of support office with the Court of Common Pleas of appropriate jurisdiction as Husband or Wife may select, such party shall then be responsible for an such ' ' party's bankruptcy as described herein. Y debts ext~ngmshed through the other 9. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 10. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or both of the parties, they agree as follows: Each party shall retain their respective motor vehicle and shall be responsible for all expenses or loan payments associated with each vehicle. 1 I. MARITAL HOME. HUSBAND and WIFE hoht title as Tenants by the Entireties to the premises identified as 161 Chester St., Carlisle, Cumberland County, Pennsylvania. The parties agree as follows with respect to the marital residence: (a) Within thirty days of this agreement, Husband will sign a Deed transferring his right, title and interest in the marital home to Wife. As of the date of this agreement, Wife shall have sole and exclusive possession of the home. (b) As of the date of separation, Wife shall be and remain solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the marital residence, including but not limited to, all real estate taxes, water and sewer rents, gas, .electric, and telephone service, homeowner's insurar~tce, and gardening expenses and repmrs, and Wife shall keep Husband and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expense. 12. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and lncentiw,~ Savings Plans. The parties agree never to assume any claim to such benefits of the other at arty time in the future. 13. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, and each party agrees to be responsible for his or her own legal fees,and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. Wife and Husband do hereby waive, release, and give up any rights they may respectively have against the other for alimony, support, or maintenance. It shall be from the execution of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 14. INCOME TAX RETURNS. Husband and wife represent to each other that to the best of their knowledge all federal, state, and local taxes required to paid with during the marriage and during the periods covered by such tax returns have been paid. Husband and Wife further represent that there are no tax deficiencies proposed or .assessed against Husband and/or Wife for such periods, and neither Husband nor Wife executed any waiver of the Statute of limitati°ns °n the assessment or collection of any tax for such periods. If any deficiency in federal, state, or local income taxes is proposed, or any assessment of any such tax is made against the other party by reason of his or her having joined in the filing of joint federal, state or local income tax retums, Husband and Wife shall indemnity and hold harmless the other against and from any and all tax, interest, penalty, or expense relating from any such tax deficiency, including reasonable counsel and accounting fees, and such tax., interest, and penalties or expenses shall be paid solely and entirely by the responsible party as determined to be attributable to that party on account of misrepresentation or failure to disclose relevant information of income on the atbresaid joint returns. 15. LIFE INSURANCE. Within thirty days of this agreement, Husband shall obtain a life insurance policy, in the amount of at least $120,000.00, of which the parties' daughter, Joanna Centola, will be the beneficiary. Husband shall be responsible for all costs associated with said life insurance policy. Husband shall maintain this life insurance policy until further agreement of the parties. 16. 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. 17. MUTUAL COOPERATION. 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. 18. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect ac; of the date of execution of this Agreement. ~ 19. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiation:~ between them. There are no representations or warranties other than those expressly set forth herein. 20. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 21. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The thilure 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 default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed a:~ a waiver or strict performance of any other obligations herein. 22. 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 provisions 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 his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 23. BREACH. lfeither party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this agreement. 24. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from l'raud, undue i . . ' or duress of any kind, has given careful thou*,ht to th .... ~.: .... ,,.~. ~ nll. uence, coercion read each nrovisi,~- ,,r,~,; ......... *, ....... -,.-,gm tins agreement, has carefully . ,- ......... o ,~g,c<ment, ano rally and completely understands each provision of th~s agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: '~MA'RY L. CE/~TOLA, Wif'~'~--~ ~'x4.~e Adams, Esquire RICHARD p. CENTOLA, Husband 36 S. Pitt St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Wife dan Linsenba~, Esquire -- 124 W. Harrisburg St. P.O. Box 310 Dillsburg, Pa. 17019 (717) 432-9733 Attorney for Husband. ~CHARDP. CENTOLA, Plaimiff V. MARY L. CENTOLA, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COU2qTY, PENNSYLVANIA : : NO. 04 - 616 Civil Term : : C1VIL ACTION - LAW ACCEPTANCE OF SERVICE OF THE AFFIDAVIT OF SEPARATION I, Jane Adams, Esquire, represent Mary L. Centola in the above-captioned matter, and I hereby accepted service of Plaintiffs Affidavit of Separation on behalf of Defendant on or about March 20, 2004, and hereby affirm I am authorized to do so. ~dams, Esquire Pitt St. sle, Pa. 17013 245-8508 Attorney for Defendant RICHARD P. CENTOLA, Plaintiff V. MARY L. CENTOLA, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04 - 616 Civil Te~m : : CIVIL ACTION - LAW 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 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 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. Date: 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 unswom falsification to authorities. Richard P. Centola, Plaintiff ~CHARDP. CENTOLA, Pl~miff V. MARY L. CENTOLA, Defend~t : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04 - 616 Civil Tenrt : : CIVIL ACTION ~ LAW TO: NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE. Brian Linsenbach, Esquire Schrack & Linsenbach 124 W. Harrisburg St. P.O. Box 310 Dillsburg, Pa. 17019-310 Defendant, Mary Centola, intends to file with the Court the Attached Praecipe to Transmit Record on or after May 6, 2004, requesting that a final decree in Divorce be entered. Respectfully submitted: //de Adams, Esquire I.D.~No. 79465 36)4. pitt st. ~:Yarlisle, Pa. 17013 ATTORNEY FOR DEFENDANT RICHARD P. CENTOLA, Plaintiff V. MARY L. CENTOLA, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04 - 616 Civil Terra : : CIVIL ACTION - LAW : PRAECIPE 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 §3301(cD &the Divorce Code. 2. Date and manner of the service of the Complaint: .Delivered by first class mail, Delivered on: Februa 19 2004. 3. Date of execution of the affidavit required by §3301(d) of the Divorce Code: By Plaintiff: March 15, 2004 Date of filing and service of the plaintiffs affidavit of separation required by §3301(d) of the Divorce Code on respondent: Filed: March 18, 2004 Served on Defendant: March 20, 2004 Affidavit of Service filed: April 13, 2004 4. Related claims pending: No claims raised. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Notice of intention was forwarded to Plainti[ff via certified mail. Date: Respectfully Submitted: Jane Adams, ]Esquire I.D. No. 79465 36 S. Pitt St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Defendant RICHARD P. CENTOLA, Plaintiff V. MARY L. CENTOLA, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04 - 616 Civil Tena~ : : CIVIL ACTION - LAW AFFIDAVIT OF SERVICE AND NOW, this April 27, 2004, I, Jane Adams, Esquire, hereby certify that on April 16, 2004, the Notice of Intention to Request Entry of a ]Divorce Decree was served, via certified mail, return receipt requested, addressed to: Brian Linsenbach, Esquire Schrack & Linsenbach 124 W. Harrisburg St. P.O. Box 310 Dillsburg, Pa. 17019-310 ATTORNEY FOR PLAINTIFF oed~~ectfully Su)m~ixtted~ ams, Esquire · 79465 Pitt Street , Pa. 17013 . (717) 245-8508 ATTORNEY FOR DEFENDANT 'Jane Adams ATTORNEY AT LAW 36 SOUTH PITT STREET CARLISLE, PA. 17013 (717) 245-8508 voice (717) 245-8538 fax esqadams~aol.com VIA CERTIFIED MAIL Apfil15,2004 Brian Linsenbach, Esquire Schrack & Linsenbach 124 W. Harrisburg St. P.O. Box 310 Dillsburg, Pa. 17019-310 Re: Centola v. Centola No. 04 - 616 (Cumberland Co.) Dear Attorney Linsenbach: Enclosed please find time-stamped copies of the marriage settlement agreement and deed which were filed in the above-captioned matter. Also enclosed please find a Notice of Intention to Request Entry of Divorce Decree and a Waiver of Notice. If you could kindly have your client sign and return the Waiver of Notice I will complete the final documents to request a final Decree in ]Divorce. Thank you for your attention to this matter. Please contact me if you have any questions regarding the above. Jane Adams, Esquire /Ja enclosure cc: Mary L. Centola 7003 1010 0004 7818 6527 R/CHARD P. CENTOLA, Plaintiff V. MARY L. CENTOLA, Defendant : iN THE COURT OF COMMON PLEAS : CUMBERLAND COU3qTY, PENNSYLVANIA : : NO. 04 - 616 Civil Term : : CIVIL ACTION - LAW PRAECIPE 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 .~3301(d~ of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered by first class mail, Delivered on: February 19, 2004. 3. Date of execution of the affidavit required by §3301(d) of the Divorce Code: By Plaintiff.' March 15, 2004 Date of filing and service of the plaintiff's affidavit of separation required by §3301(d) of the Divome Code on respondent: Filed: March 18, 2004 Served on Defendant: March 20, 2004 Affidavit of Service filed: April 13, 2004 4. Related claims pending:_No claims_ raised. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attacl'ied: Notice of intention was forwarded to Plaintiffvia certified mail to Plaintiff's attorney; Plaintiffsigned and executed a Waiver of Notice of Intention on April 21,2004. ,/J~tne Adams, Esquire Carlisle, Pa. 17013 (717) 245-8508 Attorney for Defendant IN THE COURT OF COMMON OF CUMBERLANDCOUNTY STATE OF PENNA. Richard P. Centola, Plaintiff ¢.~ ~..,. NO. VERSUS Mary L. Centola, Defendant PLEAS No. 04 - 616 Civil Term DECREE IN DIVORCE , / AND NOW ~ Richard P. Centola DECREED THAT Mary L. Centola AND ARE DIVORCED FROM THE BONDS OF MATRIMONY, _ , IT IS ORDERED AND , 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; None; The property settlement agreement executed on April 6, 2004, and And filed April 7, 2004 is incorporated but not merged into this'Decree. BYTHE ~/¢ ATT E~/~~ PROTHONOTARY