HomeMy WebLinkAbout08-3013ROXANN WALLACE
Plaintiff
V.
KRAIG A. WALLACE
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08 - 3013 CIVIL TERM
CIVIL ACTION - LAW
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 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 1st Floor, Cumberland County Courthouse,
1 Courthouse Square, Carlisle, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
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
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
ROXANN WALLACE : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 08- J013 CIVIL TERM
KRAIG A. WALLACE : CIVIL ACTION - LAW
Defendant : IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) OR
3301(d) OF THE DIVORCE CODE
1. Plaintiff is Roxann Wallace, who currently resides at 934 Baltimore Pike,
Gardners, Pennsylvania 17324.
2. Defendant is Kraig A. Wallace, who currently resides at 934 Baltimore Pike,
Gardners, Pennsylvania 17324.
3. Defendant has been a bona fide resident in the Commonwealth for at least six
months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on August 31, 2002 at Rock Chapel,
Adams County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available and that Plaintiff may have
the right to request that the Court require the parties to participate in counseling.
Plaintiff respectfully requests this Honorable Court enter a Decree of Divorce and
such other relief as may be appropriate.
LAW OFFICE OF DIRK BERRY, ESQ.
Dirk E. Berry, Esquire
Attorney for Plaintiff
44 S. Hanover Street
Carlisle, PA 17013
(717) 243-4448
I verify that the statements made in this 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 unworn falsification to authorities.
Date ROXANN WALLACE
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MARITAL SETTLEMENT AGREEMENT
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THIS AGREEMENT, made this 319 day of 0 c--FO bCA- , 2008,
by and between KRAIG A. WALLACE (hereinafter "Husband") and ROXANN
WALLACE (Hereinafter "wife")
WITNESSETH:
WHEREAS, Husband and Wife (collectively referred to herein as the "parties")
were married to each other on August 31, 2002 at Rock Chapel in Adams County,
Pennsylvania; and
WHEREAS, the parties have accumulated certain assets and incurred certain
debts during their marriage; and
WHEREAS, certain differences have arisen between the parties, as a consequence
of which on May 13, 2008 Wife commenced an action in divorce docketed to No. 2008-
3013 in the Court of Common Pleas of Cumberland County, Pennsylvania (hereinafter
the "Divorce Action"); and
WHEREAS, the parties agree that their marriage is irretrievably broken; and
WHEREAS, the parties acknowledge that each has had the full opportunity to be
advised independently and represented by separate counsel concerning their respective
rights, duties and obligations arising out of their marital status and with respect to the
terms and provisions of this Marital Settlement Agreement (hereinafter "MSA") and the
meaning and legal effect thereof and have obtained such counsel and advice or have
voluntarily and knowingly chosen not to do so; and
WHEREAS, the parties having a full opportunity to be so advised of their
respective rights, duties and obligations arising out of their marital status, and each
having a full opportunity to investigate and evaluate assets, liabilities and all other
aspects of each other's property and their jointly owned assets and liabilities, have come
to an agreement for the final settlement of their property and affairs, which they believe
to be fair, just and equitable.
NOW THEREFORE, in consideration of these presents, and the mutual
covenants, promises, terms and conditions hereinafter set forth and to be kept and
performed by each party hereto, each intending to be legally bound hereby, the parties
covenant and mutually agree as follows:
1. INCORPORATION OF PREAMBLE. The foregoing preamble and
paragraphs are incorporated by reference herein in their entirety.
2. MUTUAL SEPARATION. Husband and Wife shall be free from constraint or
control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble,
nor interfere in any way with the other or with any person for associating with the other.
3. MARITAL HOME AND ASSOCIATED MORTGAGES AND LOANS. The
parties represent that the marital home is encumbered by a mortgage, a second mortgage
and a secured line-of-credit loan. The parties agree that Wife will retain sole possession
of and all rights to the marital home and that wife will have sole responsibility for the
first mortgage, the second mortgage, and the secured line-of-credit loan and that she will
indemnify and hold harmless Husband with respect to any and all liability and claims of
any nature with respect to the first mortgage, the second mortgage, and said secured line-
of-credit loan.
The parties further agree that Wife will within sixty (60) days of the execution of
this MSA complete re-financing on the first mortgage, the second mortgage, and said
secured line-of-credit loan so as to fully and completely remove all financial liability
from Husband with regard to the marital residence, the first mortgage, the second
mortgage, and the said secured line-of-credit loan. Wife will indemnify and hold
harmless Husband with respect to any and all liability and claims of any nature with
respect to any failure on Wife's part to pay any and all obligations arising from the first
mortgage, the second mortgage and the said secured line-of-credit loan.
Husband will execute any document or written instrument necessary to transfer
sole possession of the marital residence and real estate to Wife, including but not limited
to, such documents or written instruments as may be necessary so that only wife's name
will appear on the deed.
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4. PERSONAL PROPERTY. The parties declare and agree that, except as
otherwise specifically set forth in this MSA, they have, prior to the execution of the
MSA, voluntarily agreed to divide and have physically divided and distributed between
themselves all of the parties' personal property which they acquired either before or
during their marriage, whether or not said property is or would be deemed to be marital
property under the Pennsylvania Divorce Code and subject to equitable distribution.
The parties declare and acknowledge that they are fully aware and familiar with
all assets and real property that each has brought into the marriage and that has been
obtained or acquired separately or jointly by them during the course of their marriage and
therefore waive any valuation thereof. Each party expressly releases the other of and
from any and all right of equitable distribution or claims to assets and property of any
kind or nature whatsoever possessed in accordance with this MSA by the other party and
hereby declares and acknowledges that the voluntary division by them of all property,
whether marital or not, is fair and equitable and that either party may sell, dispose of,
encumber or transfer any property in his or her possession free of any claim or interest of
the other.
As part of the division of personal property, Husband will retain sole possession
of and all rights to and interest in the dining room chairs, Sarah's couch, 2 night stands
and lamps in the bedroom, the recliner, the computer, the soda machine, Sarah's bed, his
TV's, the Dallas chairs, heaters, the weed whacker, the dry sink, and the tool box. Wife
will retain sole possession of and all rights to and interest in the dresser and tru?k from
the bedroom, both stands and furniture from the living room, the bedspread and red-
patterned sheets bought when Wife lived in Lancaster that go with the furniture and rug
in the living room, and her grandmother's dining room table.
5. EQUITABLE DISTRIBUTION. In addition to the division of assets and
marital property as set forth in other provisions of this MSA, Wife agrees that she shall
within sixty days of the parties' execution of this MSA, pay Husband the sum of Two
Thousand ($2,000.00) dollars as equitable distribution and not as alimony or support.
6. DEER AND OTHER ANIMALS. The parties represent that deer have been
raised on marital property that is a part of the marital home or real estate.
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Notwithstanding that Wife will retain sole possession of the marital home and all
associated real estate including such real estate as may be necessary for the raising of the
deer, the deer currently remaining on the marital real estate may stay temporarily in
accordance with the provisions of this MSA. No new deer will be added to the herd
following the date of this MSA. With the exception of Hoss, Hannah, Copper, Tess,
Little Hoss, and Gypsy, all other deer will be relocated by Husband not later than 180
days from the signing of this MSA. Husband will retain sole possession of and all rights
to all the deer.
Husband will be solely responsible for any and all feeding of all the deer, care of
all the deer, maintenance of all the deer, care of the entire habitat and maintenance of the
entire habitat. Husband will ensure that all deer remain CWD compliant. Husband will
retain a limited license to enter onto such part of the real estate formerly of the marital
home which comprises and is limited to the deer habitat for the sole and limited purpose
to accomplish said feeding, care, maintenance and compliance set forth above. This
license is revocable at the sole discretion of Wife should the Husband enter any other
portion of the former marital real estate or enter any portion of the former marital real
estate for any other purpose without the express consent of Wife.
Husband will retain sole possession of and all rights to and interest in Snickers
and Tattoo. Wife will retain sole possession of and all rights to and interest in Ranger
and Moo.
7. AUTOMOBILES. VEHICLES AND MOWERS AND EQUIPMENT. The
parties represent and acknowledge that any and all automobiles have been divided to their
mutual satisfaction and that each will retain sole possession of and all rights to any
vehicles in their respective possession at the time of signing this agreement. The parties
agree to indemnify and hold the other harmless of and from any and all liability and
claims of any nature with respect to his or her failure to pay any and all loans on his or
her vehicle or vehicles.
The parties further agree that Husband will retain sole possession of and all rights
to the 4-wheeler, the tool cart, the trailer, the grinder, the bed, the leaf blower, one
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mower, and the big pull wagon. Wife will retain sole possession of and all rights to one
riding mower and the air compressor.
8. PENSION. RETIREMENT PLANS EMPLOYEE BENEFITS. The parties
agree that Husband shall possess as his sole property and retain, free of any claim or
interest of Wife, all his employee benefits and his retirement benefits, including any
pension or pensions, that arise from his present, past or future employment. The parties
also agree that Wife shall possess as her sole property and retain, free of any claim or
interest of Husband, all her employee benefits and her retirement benefits, including any
pension or pensions, that arise from her present, past or future employment. Each party
will indemnify and hold harmless the other party from any and all liability and claims of
any nature with respect to any outstanding or future liabilities arising from loans or other
financial liabilities that have been placed upon or may accrue against each party's
retirement accounts or employee benefits.
9. DEBTS AND FUTURE DEBTS. Each party agrees that he or she shall
indemnify and hold the other harmless of and from any and all liability arising from any
debts that each party is obligated to pay as identified in this agreement.
The parties further agree that any and all loans, debts and/or obligations incurred
subsequent to the date of this agreement shall be the sole and separate liability and
responsibility of the party incurring the obligation and each party agrees that he/she will
not incur or attempt to incur any obligations for or on behalf of the other party and will
indemnify and hold harmless the other party of and from any and all liability arising from
any debt or obligation that either party has presently or will later incur in his or her name
and is or will be solely obligated to pay.
10. BANK ACCOUNTS. The parties represent that there are no joint bank
accounts and that any bank accounts held by the parties up to the time of this agreement
have been divided by mutual agreement to their satisfaction.
11. CUSTODY. The parties represent that there are no minor children of the
marriage remaining with either parent and that there are no outstanding Custody Orders
or custody agreements of record or agreements regarding custody of children formed or
fashioned between themselves.
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12. TAX IMPLICATIONS AND MATTERS. The parties represent that there
are no children of this marriage who can be claimed as dependents for federal income tax
purposes.
In the event that it is determined that there is any future tax liability of the parties,
which liability relates to any year the parties were married and filed jointly, then in such
event, the parties will contribute to the payment of such liability in proportion to their
respective incomes for the year to which said liability pertains.
13. COUNSEL FEES. Each party to this MSA shall be responsible for paying
his or her own counsel fees and related costs associated with the initiation and processing
of the Divorce Action and the negotiation, execution and consummation of the provisions
of this MSA.
14. RELEASE OF SUPPORT ALIMONY AND RIGHTS UNDER THE
DIVORCE CODE. Each party waives and forever releases the other party from any and
all claims which either may have against the other for spousal support and/or alimony and
for claims which either may have against the other by reason of and pursuant to the
Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including but
not limited to spousal support, alimony, alimony pendent elite, equitable distribution of
marital property, counsel fees, costs and expenses, except that the performance of any
obligation created hereunder by and through this MSA is expressly not waived and may
be enforced by any and all remedies under the provisions of this MSA and under the
provisions of the Pennsylvania Divorce Code.
15. DIVORCE. The parties agree to terminate their marriage by mutual consent
without counseling and each agrees to execute the necessary affidavits, waivers, and
consents to procure a consensual divorce under the provisions of the Pennsylvania
Divorce Code, such documents to be filed in the Divorce Action.
16. GENERAL RELEASE. Husband relinquishes his inchoate right in the estate
of Wife, and Wife relinquishes her inchoate right in the estate of Husband, and each of
the parties hereto by these presents, for himself, or herself, his or her heirs, executors,
administrators, or assigns, does hereby remise, release, quit-claim, and forever discharge
the other party hereto, his or her heirs, executors, administrators, or assigns, or any of
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them, of any and all claims, demands, interests, damages, actions, causes of action, suits
at law, or suits in equity of whatsoever kind or nature, for or because of any matter,
manner, or thing done, omitted or suffered to be done by such other party prior to the date
of this MSA, except that this release shall in no way exonerate or discharge either party
from the obligations and promises made or imposed by reason of this MSA.
17. SURVIVAL OF AGREEMENT. It is the intention of the parties that this
MSA shall survive any action in divorce which may be instituted or prosecuted by either
party, and no order, judgment or decree of divorce, temporary, interlocutory, permanent,
or final, shall modify or affect the terms of this MSA. Said MSA may be enforced by any
remedy at law or in equity, including enforcement proceedings under the Pennsylvania
Divorce Code. The parties agree to incorporate this MSA into the Order arising from the
Divorce Action, but this MSA shall not be merged into said Order or Decree in Divorce.
18. COOPERATION. The parties agree to cooperate with each other and to
make, execute, acknowledge and deliver such instruments and to take such further action
as may be hereunder or hereafter determined to be requisite and necessary to effect the
purposes and intention of this MSA.
19. BREACH AND INDEMNIFICATION. If either party hereto breaches any
provision of this MSA, then the non-breaching party shall have the right, at his or her
election and sole discretion, to sue for damages for said breach, or seek such other
remedies or relief as may be available to him or to her, and the defaulting party shall be
responsible for payment of all reasonable legal fees and costs incurred by the other party
in enforcing his or her rights under this MSA. Each party agrees and covenants to
indemnify and hold harmless the other party from any and all liability and/or claims
and/or damages and/or expenses, including attorney's fees and expenses of litigation, that
the non-breaching party may sustain or may become liable for or answerable to in any
way whatsoever, or shall pay upon, or in consequence of, the other party's breach of any
obligation, term, provision or covenant of or under this MSA, including, but not limited
to, the other party's obligation to make any payment provided for herein.
20. VOLUNTARY EXECUTION. The parties declare and acknowledge that
they have had the opportunity to have the provisions of this MSA and their legal effect
7
explained to them by independent counsel of their choosing with Husband represented by
Stacy Wolf, Esquire, and Wife represented by Dirk Berry, Esquire.
Each party further acknowledges that this MSA is fair and equitable, that it is
being entered into voluntarily, with full knowledge of the assets of both parties, and that
it is not the result of any duress or undue influence. The parties acknowledge that they
have been furnished with all information relating to the financial affairs of the other to
the extent same has been requested by each of them.
21. ENTIRE AGREEMENT. This MSA contains the entire agreement and
understanding of the parties and there are no representations, warranties, covenants, or
undertakings other than those expressly set forth herein. The parties acknowledge and
agree that the provisions of this agreement with respect to the distribution and division of
marital and separate property are fair, equitable, and satisfactory to them based on the
length of their marriage and other relevant factors which have been taken into
consideration by the parties.
Both parties hereby accept the provisions of this MSA with respect to the division
of property in lieu of and in full and final settlement and satisfaction of all claims and
demands that they may now have or hereafter have against the other for equitable
distribution of their property by any court of competent jurisdiction pursuant to the
Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and
intelligently waives and relinquishes any right to seek a court ordered determination and
distribution of marital property, but nothing herein contained shall constitute a waiver by
either party of any right to seek the relief of any court for the purpose of enforcing the
provisions of this MSA.
22. WAIVER AND MODIFICATION. The waiver of any term, condition,
clause, paragraph, or provision of this MSA shall in no way be construed or considered to
be a waiver of any other term, condition, clause or provision of this MSA. This MSA can
only be modified in writing executed by both parties hereto.
23. APPLICABLE LAW. This MSA shall be construed, interpreted and
enforced according to the laws of the Commonwealth of Pennsylvania.
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24. HEADINGS. The headings or titles of the numbered paragraphs of this MSA
have been used only for the purpose of convenience and shall not be resorted to for the
purposes of interpretation or construction of the text of this MSA.
25. EFFECTIVE DATE. This MSA shall be dated and become effective on the
day when executed by the latter of the two parties.
IN WITNESS WHEREOF, the parties have hereunto set their respective hands
and/or seals intending to legally bind themselves and their respective heirs, personal
representatives and assigns.
WITNESSED BY:
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IG X. WALLACE
Date: /a Z 7-0,9'
(SEAL)
ROXANN WALLACE
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ROXANN WALLACE
Plaintiff
V.
KRAIG A. WALLACE
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08 - 3013 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT AND PROOF OF SERVICE
AND NOW, this day of QV o y 'M 6c e- 2008,
comes Dirk E. Berry, Esquire, and certifies that he mailed a true and correct copy of the
above-captioned matter to the defendant by certified mail, restricted delivery. Said return
receipt is attached hereto indicating service was made on May 15, 2008.
LA OFFICE OF DIRK BERRY, ESQUIRE
PirkE.erry, Esquire
Attorney for Plaintiff
44 S. Hanover Street
Carlisle, PA 17013
(717) 243-4448
¦ Complete items 1, 2, and 3. Also complete A.
item 4 if Restricted Delivery is desired.
¦ Print your name and-address on the reverse
so that we can return the card to you.
m Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
A. W4u,,4c_E
31 3al4r.,Kore Pike
PA 17 321
(Printgd Name)
Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
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v::Med Mail
? Registered
? Insured Mail
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(Dansfer from service label) 7008 015 0 0001 618 8 4 612
PS Form 3811, February 2004 Domestic Return Receipt
-- 102595-02-M-1540
? Express Mail
? Return Receipt for Merchandise
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ROXANN WALLACE : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 08 - 3013 CIVIL TERM
KRAIG A. WALLACE : CIVIL ACTION - LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under § 3301 (c) of the Divorce Code was filed on
May 13, 2008.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of filing and service of the complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE
AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE
MADE SUBJECT TO THE PENALTIES OF 18 Pa. C.S. § 4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
Date: O T
SIP I O(K
ROXANN WALLACE, Plaintiff
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ROXANN WALLACE
Plaintiff
v.
KRAIG A. WALLACE
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08 - 3013 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER & 3301 OF THE DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. 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 VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE
AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE
MADE SUBJECT TO THE PENALTIES OF 18 Pa. C.S. § 4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
Date: (j 0
ROXANN WALLACE, Plaintiff
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ROXANN WALLACE : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 08 - 3013 CIVIL TERM
KRAIG A. WALLACE : CIVIL ACTION - LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under § 3301 (c) of the Divorce Code was filed on
May 13, 2008.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of filing and service of the complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE
AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE
MADE SUBJECT TO THE PENALTIES OF 18 Pa. C.S. § 4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
Date: /0-2 ?IK
IG . W LACE, Defendant
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ROXANN WALLACE
Plaintiff
V.
KRAIG A. WALLACE
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08 - 3013 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER & 3301 OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with
the Prothonotary.
I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE
AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE
MADE SUBJECT TO THE PENALTIES OF 18 Pa. C.S. § 4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
Date: ,--Z -o(
IG A. ALLACE, Defendant
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ROXANN WALLACE,
Plaintiff
VS.
KRAIG A. WALLACE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NO. 08 - 3013 CIVIL TERM
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(c)
ode.
(Strike out inapplicable section).
Certified mail, restricted delivery
2. Date and manner of service of the complaint:
Served on May 15, 2008.
3. Complete either paragraph (a) or (b).
(a) Date of execution 6f t? a{l al* consent required by §3301 (c) of the Divorce Code:
?ctober 30, ?Do B October 27, 2008
by plaintiff by defendant
(b) (1) Date of execution of the affidavit required by §3301(d)
of the Divorce Code:
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
The parties incorporate, but do not merge, their Marriage
4. Related claims pending:
Settlement Agreement dated October 30, 2008.
5. 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 of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with
the Prothonotary: November 14, 2008
Date defendant's Waiver of Noti e i X3301 (c) Divorce was filed with
Novem?er ?4, 2008
the Prothonotary:
Attorney for Plaintiff / Defendant
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ROXANN WALLACE, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
KRAIG A. WALLACE,
DEFENDANT NO. 08-3013 CIVIL TERM
DIVORCE DECREE
AND NOW, Val (T , WS? .,it is ordered and decreed that
ROXANN WALLACE , plaintiff, and
KRAIG A. WALLACE , defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.") we-_
The parties incorporate, but do not merge, their Marital Settlement Agreement
dated October 30, 2008
By the urt,
Attest: J.
notary
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ROXANN WALLACE
Plaintiff
V.
KRAIG A. WALLACE
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08 - 3013 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Defendant in the above-captioned matter,
prior to the entry of a Final Decree in Divorce,
or X after the entry of a Final Decree in Divorce dated November 18, 200$,
hereby elects to resume the prior surname of SHOWERS , and gives this
written notice avowing her intention pursuant to the provisions of 54 P.S. § 704.
Date: p
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COMMONWEALTH OF PENNSYLVANIA )
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ignature: Roxann Wallace
Signature of name being resumed:
Roxann Showers
COUNTY OF CUMBERLAN )
On the _ day of 2008, before me, the notary
public, personally appeared the above affiant known to me or satisfactorily proven to be
the person whose name is subscribed to the within document and acknowledged that she
executed the foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set m hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL Notary Publi
VALERIE F. GSELL, Notary Public
Carlisle Bom., Cumberland County
My Commission Expires October 9, 2010
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