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HomeMy WebLinkAbout04-0622JENNIFER BARENDSE Plaintiff : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. : CIVIL ACTION - LAW TIMOTHY J. BARENDSE : IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that it' 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 of relief requested in these papers by the Plaintiff. You may lose money or property or other fights 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. 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 INTORMATION 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 or (717) 249-3166 JENNIFER BARENDSE Plaintiff 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TIMOTHY J. BARENDSE : IN DIVORCE Defendant COMPLAINT DIVORCE UNDER SECTION 3301(e) and (d) OF THE DIVORCE CODE AND NOW COMES Plaintiff, Jennifer Barendse, by her attorney, Jay R. Braderman, Esquire, and respectfully represents as follows: 1. Plaintiff,, Jennifer Barendse, is an adult individual maintaining an address at P.O. Box 1431, Carlisle, Cumberland County, Pennsylvarfia, 17013. 2. Defendant, Timothy J. Barendse, is an adult individual residing at 182l Signal Hill Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3, Defendant has been a bonatlde resident in the Commonwealth and County of Cumberland for at least 6 months immediately previous to the filing of this Complaint. 4. Plaintiffand Defendant were married on April 30, 1997 in the State of Hawaii. 5. There have been no children bom of this marriage. 6. Plaimiff has been advised of the availability of counseling and that the Plainffff may have the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8 The causes of action and sections of the Divorce Code under which Plaintiffis proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. Atter ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to a divome. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301 (d). The marriage of the parties is irretrievably broken. The date of separation was on or about January 15, 2004. WHEREFORE, Plaintiffrespectfully requests that this Honorable Court enter a Decree in Divome from the bonds of matrimony. COUNT I EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 9. Paragraphs 1 through 8 of this Complaint are incorporated herein by reference as though set forth in full. 10. Plaintiff and Defendant have acquired property, both real and personal during their marriage from April 30, 1997 to date. 1 l, Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties and the marital debts of the parties without regard to marital misconduct in such proportions as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an Order of equitable distribution ofmmtal property and marital debts. Respectfully Submitted, ast Street ~. O. Box 11489 Han'isburg, PA 17108-1489 (717) 232-6600 Attorney For Plaintiff JENNIFER BARENDSE Plaintiff TIMOTHY J, BARENDSE Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT JENNIFER BARENDSE, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. Section 4909 relating to unsworn falsification to authorities. ' /F~N'~?ER BAREND SE VERIFICATION Upon my personal knowledge or information and belief, I hereby verify that the facts averred in the foregoing Complaint are tree and correct to the best of my knowledge, information, and belief~ I understand that false statements herein made are subject to the criminal penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Date: Jennife/'Barendse I verify that I have reviewed this form with my client and to the best of my knowledge the allegations herein are true and correct. P, O. Box 11489 Harrisbm'g, PA 17108-1489 (717) 232-6600 Attorney For Plaintiff JENNIFER BARENDSE Plaintiff TIMOTHY J. BARENDSE Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-622 Civil Term CIVIL ACTION - LAW 1N DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce filed to the above term and number and am authorized by Timothy Barendse to do so. Dated: ~ - ! 7' 0c/ Timothy I. Colg6i¥-~ c~ Attorney for Defendant MARITAL SETTLEMENT~ AGREE~[E?T~ Tins AGREEMENT, made this~r day of /y/~ 2004, by and between JENNIFER M. BARENDSE, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as 'WIFE") and TIMOTHY $. BARENDSE, of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on April 30, 1997. WI4F~REAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apa~ for the rest of their natural lives, and the parties desire to se~e fully and finally their respective financial and property rights and obligations as be~veen each other including, without limitation by specification; settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present, and future support, alimony 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. NOW, THEREFORE, in consideration of the premises and of the musical promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this A~'eement. Neither pa~ shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart ~om the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cumberland County on February 12, 2004 docketed to number 04-622, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. HUSBAND hereby expresses his agreement that the marriage is irretrievably broken and upon execution of this Agreement shall 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 and deliver same to counsel for WIFE who shall hold said documents in escrow until the expiration of the statutory ninety day waiting period or until such time as HUSBAND obtains full time employment with health insurance benefits, whichever shall last occur. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as 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 and shall be incorporated but not merged into the Decree in Divorce. 4. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," del'reed as the date upon which it is executed by the parties if they have each executed this 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. 2 5. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the ct_ate of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 6. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all fights, title and interest, or claims in or against the property (including income and g_aln from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the in testate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (e) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division o fp roperty, costs o r expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all 3 fights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 7. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their Iegal e fleet ha ve been fully explained t o t he parties by their respective counsel, Timothy J. Colgan, Esquire of Wiley, Lenox, Colgan & Marzzacco, P.C. for HUSBAND and Jay R. Braderman, Esquire for WIFE. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this Agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 8. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and ail such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 9. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of the obligations set forth in this Agreement, neither of them shail hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shail indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specificaily provided for by the terms of this Agreement. 10. REAL PROPERTY: The pa~ies, during their marriage, acquired real property located at 1821 Signai Hill Drive, Mechanicsburg, Cumberland County, Pennsylvania, 170 50. T he parties agree that WIFE shall convey the maritai home to HUSBAND via special warranty deed upon the signing of this Agreement. HUSBAND shall indemnify and hold WIFE harmless in all respects regarding said property, including but not limited to raortgage, taxes, insurance, utilities and operating expenses. Upon signing of said deed, WIFE waives ail fight, title and interest in the property. 11. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, their personal effects, all household furniture and furnishings, and ail other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sig~ any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specificaily waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personai property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 5 12. VEHICLES: At the time of separation, HUSBAND owned a 2003 Nissan Murano and WIFE owned a 2000 Volvo S-80. The Nissan Murano shall become the sole and separate properly of HUSBAND. WIFE waives all right, title and interest in the vehicle. The 2000 Volvo S-80 shall become the sole and separate property of WIFE. HUSBAND waives all right, title and interest in the vehicle. The parties agree that to the extent any documents must be signed to give effect to this provision, they will cooperate with one another to get the documents executed in proper form and in a timely fashion. 13. RETIREMENT AND EMPLOYMENT BENEFITS: HUSBAND and WIFE waive any and all claims to the other's retirement benefits including but not limited to Pension Plans, 401(k) plans, 403Co) plans, 457('0) plans and Executive Compensation Plans. 14. HEALTH BENEFITS: HUSBAND shall remain a beneficiary under WIFE's health ins urance p lan unt il HUSBAND finds full-time employment or until a divome decree issues, whichever shall first occur. WIFE agrees to provide HUSBAND with all insurance cards and all other documents necessary to carry out the intent of this provision. 15. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY: WIFE shall pay HUSBAND three support payments in the amount of Three Thousand and 00/100 dollars ($3,000.00) each month for the months of March, April, and May 2004. Should HUSBAND fred employment before the end of this three (3) month period, WIFE shall still be obligated to pay $3,000.00 a month for three months as noted above. HUSBAND and WIFE waive any and all other claims to spousal support, alimony, or alimony pendente lite. 16. BANK ACCOUNTS: HUSBAND a nd WIFE acknowledge t hat t hey e ach possess certain bank accounts and the like in their respectlve names. They agree that they have divided their depository funds to their mutual satisfaction and they hereby agree that each shall become sole owner of their respective accounts. They each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 17, AFFER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in a II respects and for all purposes as though he or she were unmarried. 18. INCOME TAX: The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal, S tare o r 1 ocal 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 fa'om 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 fmaily determined to be the cause of the misrepresentations or failures t o dis close t he nature a nd extent o fhis o r he r separate income on the aforesaid joint returns. 19. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Defter Reduction Act of 1984 (hereinaf£er the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 20. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 21. BREACH: 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 as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 22. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present and 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, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and 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 this mutual waiver and relinquishment of such interests, rights and claims. 23. ENTIRE AGREEMENT: 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. 24. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 25. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instnunents that may be reasonably required to give full force and effect to the provisions of this Agreement. 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 t~m, 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. 2'/. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 28. FINANCIAL DISCLOSURE: The parties confu'm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in the preparation of this Agreement. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition any court having jurisdiction to make equitable distribution of said asset. The non- disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing the Agreement shall in all other respects remain in full force and effect. 29. MODIFICATION AND 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 defaults of the same or similar nature. 30. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the fights or obligations of the parties. 31. APPLICABLE LAW: This A~recment shall be construed under the laws of thc Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and/~ar fn'st above written. lO STATE OF MICHIGAN : : SS COUNTY OF : On this, the Z, day of,d.t..r~ r~ [ ,2004, before me, the undersigned officer, p-~monally appeared TIMOTHY J. BARENDSE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have here~].to sct my~.~md ~fficial seal. //~ ~ /~51-,/~ (SEAL) NOTARY PUBLIC MY COIVlMISSION EXPIRES: COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this, the _~day of C2X [*,~[ X : SS : ,2004, before me, the undersigned officer, personally appeared JENNIFER M. BARENDSE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WltEREOF, I have herejtm~o setfl~y hand acad4?_,f~cial seal. (SEAL) NOTARY PUBLIC (~ MY COMM/SSION EXPIRES: Nota,~l Ro~ Ani~ Fritz, N~ Public City of H~.nlsburg, D~phln My Commimsio~ Expi~.~ D~, 31, 2006 M~m'~ber, penns,/tvania Association of Notables 11 JENNIFER BARENDSE Plaintiff V. TIMOTHY J. BARENDSE Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-622 Civil Term : C1VIL ACTION - LAW : 1N DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 12, 2004. 2. The marriage between Plaintiff and 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 ora final decree in divorce after service of Notice of Intention to Request Entry of the Decree. 4. I understand that I may lose fights concerning alimony, division of property, lawyer's fees and 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. Section 4904, relating to unswom falsification to authorities. Date: 162-52-8257 JENNIFER BARENDSE Plaintiff TIMOTHY J. BARENDSE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-622 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c~ OF THE DIVORCE CODE 1. I consent to thc entry ora 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 divome is granted. 3. 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 Prothonotary. I understand that the statements made in this affidavit are tree 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: Timothy J. Colgan, Esquire WILEY, LENOX, COLGAN & MARZZACCO, P.C. 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9~§ - phone (717) 432-0426 - fax JENNIFER BARENDSE, TIMOTHY J. BARENDSE, Plaintiff Defendant. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-622 Civil Term : : CIVIL ACTION - LAW : : IN DIVORCE 2004. AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on February 12, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed fi.om the date of filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce afier 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date Timothy J. Barpnds6 I~C~ndant ~ SSN~: ~ 364788~ 8o00 Timothy J. Colgan, Esquire WILEY, LENOX, COLGAN & MARZZACCO, P.C. 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 - phone (717) 432-0426 - fax JENNIFER BARENDSE, TIMOTHY J. BARENDSE, Plaintiff Defendant. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA . : No. 04-622 Civil Term : : CIVIL ACTION - LAW : : 1N 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 divome without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. 1 understand that false statements made heroin are subject to the penalties of 18 Pa. C.S. {}4904 relating to unsworn falsification to authorities. Date Timothy J. Bareflds Defendant ~ SSN#: 364-88-8600 JENNIFER BARENDSE Plaintiff V. TIMOTHY J. BARENDSE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-622 Civil Term CIVIL ACTION - LAW IN DIVORCE 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 Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Personal service (signed Acceptance of Service) on February 17, 2004 and filed with the Prothonotary of Cumberland County on March 1, 2004. A copy of the Acceptance of Service is attached hereto. 3. Code: June 30, 2004 by Plaintiff. By Defendant, June 30, 2004. Consent are being filed simultaneously with this Praecipe. Date of execution of the Affidavit required by Section 3301(d) of the Divorce Both Affidavits of 4. There are no related claims pending. 5. Indicate date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and attach a copy of said Notice under Sections 3301(c) or 3301(d)(1)(i) of the Divorce Code: Plaintiff's Waiver executed on June 30, 2004, and is being filed simultaneously with this Praecipe; Defendant's Waiver executed on June 30, 2004 and is being filed simultaneously with this Praecipe. Respectfully submitted, P. O~ ox 11489 12fi/Locust Street Harrisburg, PA 17108-1489 (717) 232-6600 Attorney For Plaintiff IN THE COURT OF COMMON STATE OF Je,nrd.~:er Ba~endse P~aintiff OF CUMBERLAND COUNTY , __~~, ! PENNA. NO, 04-622 PLEAS VERSUS Timothy J. Barendse DECREE IN DIVORCE AND NOW, DECREED THAT JenrL~fer Barendse AND Timothy Ba~endse , IT IS ORDERED AND , PIAINTIFF, , 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; The attached Property Settlement Agreement is incorporated but not merged into this Divorce Decree. ATTEST: PROTHONOTARY JENNIFER BARENDSE Plaintiff TIMOTHY J. BARENDSE Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-622 Civil Term CIVIL ACTION - LAW : : 1N DIVORCE AFFIDAVIT OF INTENTION TO RESUME PRIOR NAME Commonwealth of Pennsylvania County of Cumberland Jennifer Barendse, being duly sworn according to lmm:, deposes and says that she is the Plaintiff in the above suit in which a final decree from the bonds of Matrimony was entered and she elects to resume her prior name of Jennifer McCrea, and, therefore, gives this written notice avowing said intention, in accordance with 54 Pa. C.S.A. §704. Swom and subscribed to before me this~L~ of-.~A~ ,2004 I Notary Public My Commission expires known as