HomeMy WebLinkAbout09-1244SMIGEL, ANDERSON & SACKS, LLP
LeRoy Smigel, Esquire ID #09617
fames R. Demme], Esquire ID 490918
4431 North Front Street, P Flr.
Harrisburg, PA 17110-1778
(717) 234-2401
IsmigglAsasllo.com
Wemmelna1s s?lip.com
Attorneys for Plaintiff
JOANNA K. WEAVER,
PLAINTIFF
V.
CHAD J. WEAVER,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. aq - l??y V, -Ferm
CIVIL ACTION - 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania, 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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with
Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to
disabled individuals having business before the Court, please contact our office. All arrangements must be made at least
72 hours prior to any hearing of business before the Court.
SMIGEL, ANDERSON & SACKS, LLP
LeRoy Smigel, Esquire ID #09617
James R. Demmel, Esquire ID #90918
4431 North Front Street, r Flr.
Harrisburg, PA 17110-1778
(717) 234-2401
Ismigela SasI1D com
idemmelAsaslln com
Attorneys for Plaintiff
JOANNA K. WEAVER,
PLAINTIFF
V.
CHAD J. WEAVER,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - DIVORCE
COMPLAINT UNDER SECTION 3301(c) OR 3301(d)
OF THE DIVORCE CODE
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes Plaintiff, Joanna K. Weaver, by and through her attorneys, SMIGEL,
ANDERSON & SACKS, LLP, and represents as follows:
COUNTI
DIVORCE UNDER SECTION 3301(c) OR 3301(4)
OF THE DIVORCE CODE
1. Plaintiff is Joanna K. Weaver, who currently resides at 871 Mandy Lane, Camp Hill,
Cumberland County, Pennsylvania and has resided there since on or about October 2008.
2. Defendant is Chad J. Weaver, who currently resides at 871 Mandy Lane, Camp Hill,
Cumberland County, Pennsylvania and has resided there since on or about October 2008.
3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six (6) months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on November 5, 2005, at York Haven,
Pennsylvania.
5. There have been no prior actions of divorce or for 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.
8. Plaintiff avers that there are no children of the parties under the age of 18.
WHEREFORE, Plaintiff requests the court to enter a decree of divorce.
SMIGEL, ANDERSON & SACKS, LLP
Date: ?D By:
Z eKoy S igel, Esquire I.D. #: 09617
James . Demmel, Esquire I.D. #: 90918
orth Front Street, 3`d Fir.
Harrisburg, PA 17110-1778
(717) 234-2401
Attorneys for Plaintiff
VERIFICATION
I, Joanna K. Weaver, verify that the statements contained in the foregoing pleading are true
and correct to the best of my knowledge, information and belief. I understand that false statements
therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to
authorities.
Date: 'x e2?O /ol aeq?5?x- 7u..P?
J anna K. Weaver, Plaintiff
`
7'
_
JOANNA K. WEAVER ) IN THE COURT OF COMMON PLEAS
Plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA
VS. )
No. 2009 -1244 Civil Term
CHAD J. WEAVER ) CIVIL ACTION DIVORCE
Defendant )
ACCEPTANCE OF SERVICE
I accept service of the Complaint on behalf of Chad J. Weaver and certify
that I am authorized to do so.
. Travis
3904 Trindle Road
Camp Hill, PA 17011
717-731-9502
mst@mtravislaw.com
Attorney for Defendant
V?
Date: 5113l?A'
JOANNA K. WEAVER ) IN THE COURT OF COMMON PLEAS
Plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA
vs. )
No. 2009 -1244 Civil Term
CHAD J. WEAVER ) CIVIL ACTION DIVORCE
Defendant )
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document was served
on the below persons by first class U.S. Mail, postage prepaid:
James R. Demmel, Esquire
Smigel, Anderson & Sacks, LLP
4431 North Front Street
Harrisburg, PA 17110
Michael S. Travis
3904 Trindle Road
Camp Hill, PA 17011
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
JQAMM K. WEAVER
Vs
Plaintiff
: File No. 09 - 1244
IN DIVORCE
CHAD J. WEAVER
Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff / defendant in the above matter,
[select one by marking "x"]
X prior to the entry of a Final Decree in Divorce,
or after the entry of a Final Decree in Divorce dated
hereby elects to resume the prior surname of Joanna Kreider , and gives this
written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704.
Date: a?.3
Signature
/7 .4 M A
e4jw L^.r - - %.- -TV-4d4-1- -
ignature of name being resumed
COMMONWEALTH OF PENNSYLVANIA }
COUNTY OF J*Q P t4 I N) )
On the Z3"%ay of , 200, before me, the Prothonotary or the
notary public, personally a ared the above affiant known to me to be the person whose
name is subscribed to the within document and acknowledged that he / she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand hereunto set my hand and official
seal.
of Public
COMMONWEALTH OF P SYLVANIA
Notarial Seal
Vicky L. Fitz, Notary Public
Susquehanna Twp., Dauphin County
My Commission Expires Jan. 6, 2011
Member, Pennsylvania Association of Notaries
Tla,
2009 JUN 29 Pig' J
i?
* l 1.00 p o ATT`(
CV, # 4145
W U,13(o 1
MARRIAGE SETTLEMENT AGREEMENT
AGREEMENT MADE this day of P-1?4- , 2009, by and
between Joanna K. Weaver ("Wife") - A N D -- Chad J. Weaver ("Husband"), at Harrisburg,
Pennsylvania.
WHEREAS, the parties hereto are husband and wife having been married on November 5,
2005, at York Haven, Pennsylvania;
WHEREAS, diverse unhappy 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 fully and finally their respective financial and property rights and
obligations as between 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 either party by the other; 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 foregoing premises and of the mutual 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, Husband and Wife, each intending to be legally
bound hereby, covenant and agree as follows:
1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant
to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the
right to live separate and apart from each other and to reside from time to time at such place or places as
they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other.
Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her
by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the
part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living
apart.
The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of
Cumberland County, Pennsylvania at docket number 09-1244. The parties agree that they will execute
and file Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree
in the aforementioned matter ninety (90) days after service of the Divorce Complaint. Thereafter,
counsel for Wife shall file a Praecipe to Transmit Record and obtain a divorce decree.
2. Division of Property. Husband and Wife agree that the following constitutes an
equitable distribution of the marital property.
A. Husband's Property. The following property shall become the sole and
exclusive property of Husband:
1. All right, title and interest in the 2002 Ford Taurus, subject to all
existing liens and obligations. Wife shall cooperate in transferring the title to Husband.
Husband shall be responsible for any and a]] fees and costs associated with the title
transfer.
2. All right, title and interest in the PNC Bank checking and savings
account titled in Husband's name.
3. Ali right, title and interest in Husband's Vanguard Retirement
account.
4. All right, title and interest in Husband's YMCA Retirement
account.
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5. All right, title and interest in Husband's GE Stock accounts.
6. The following household goods and personalty:
a. The Engagement ring previously gifted to Wife by
Husband.
b. Master bedroom furniture, including the master bed
mattress and box spring set.
C. The parties' 32-inch LCD Television.
d. The parties' Dell laptop computer.
e. The computer room furniture, including the desk, chair and
bookcase.
f. Tools gifted to Husband by family.
g. Sporting goods gifted to Husband by family or otherwise
owned by Husband.
h. Husband's clothing.
i. Bathroom items as mutually agreed by the parties.
7. The sum of Two Thousand One Hundred Sixty Dollars and Thirty-
Nine Cents ($2,160.39) shall be paid by Wife to Husband within ten (10) days of the date
of the divorce decree being entered.
8. All right, title and interest in the funds removed from the GMC
Savings Account titled in joint names, totaling Ten Thousand Eight Hundred Seventy-
T'
IN I f I e Do 11ifa_rs anu f 1 m wetfty - mf w o C /'1 _ ents (s) / (? 1 I n6 7 9. 2 2) rl n\ as o f r rre o1ruary 2 1 1, !\
0, 200 9.
9. All right, title and interest in the entire balance of the parties' joint
2008 federal income tax refund in the amount of Six Thousand Nine Hundred Dollars
($6,900).
3
B. Wife's Property. The following property shall become the sole and
exclusive property of Wife:
1. All right, title and interest in the property and lot situate at 871
Mandy Lane, Camp Hill, Pennsylvania, subject to the provisions of Paragraph 3 of this
Agreement.
2. All right, title and interest in the 2004 Pontiac Grand Am titled in
Wife's name only, subject to all existing liens and obligations.
3. All right, title and interest in the PNC Bank checking and savings
account titled in Wife's name.
4. All right, title and interest in Wife's Fidelity Retirement account.
5. All right, title and interest in Wife's T. Rowe Price Retirement.
6. All right, title and interest in Wife's Members I" bank account.
7. All personal property, both tangible and intangible, now in Wife's
possession or control, excluding the items identified in Paragraph 2.A.6. of this
Agreement.
C. Satisfactory Division of Marital and Non-Marital Property. Husband
and Wife hereby acknowledge that they have divided, to their mutual satisfaction, all of
their marital and non-marital assets, including but without limitation, business interests,
partnerships, inheritances, jewelry, clothing, pensions, brokerage accounts, stocks, bonds,
life insurance policies or other securities, individual retirement accounts, 401(k),
employment benefits, checking and savings accounts, mutual funds and other assets,
whether real, personal or mixed, tangible or intangible.
4
3. Marital Residence. The parties acknowledge that they are the owners of the property
and lot situate at 871 Mandy Lane, Camp Hill, Cumberland County, Pennsylvania hereinafter "Marital
Home"). Husband shall vacate the Marital Home no later than April 30, 2009. Wife shall become the
sole and exclusive owner of the Marital Home and shall be permitted to take any action with respect
thereto that she deems appropriate. Husband hereby waives, relinquishes and releases any and all past,
present or future right, title, claim and/or interest he may have in and to the Marital Home. Husband
shall, contemporaneously with the execution of this Agreement, execute a Special Warranty deed
transferring all of his right, title and interest in the Marital Home to Wife, which deed shall be prepared
by Wife's counsel and held in escrow by Wife's counsel until such time as Wife refinances the existing
mortgage into Wife's sole name or otherwise obtains Husband's release from same; thereafter, the deed
will be released from escrow for recording. Husband agrees that as of the date of execution of this
Agreement, any and all title policies and any other policies of insurance with respect to the Marital
Home shall be endorsed to reflect Wife as the sole owner thereof and further agrees that Wife shall be
entitled to receive any payments now or hereafter due under such insurance policies. Commencing on
the execution date of this Agreement, Wife shall be solely and exclusively responsible for all costs,
expenses and liabilities associated with or attributable to the Marital Home, including, but not limited to,
any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities,
maintenance and repairs.
4. 1 axes. The parties have heretofore filed joint federal and state tax returns. Both parties
agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment
of any such tax is made against either of them, each will indemnify and hold harmless the other from and
against any loss or liability for any such tax deficiency or assessment and any interest, penalty and
expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and
entirely by the individual who is finally determined to be the cause of the misrepresentations or failures
to disclose the nature and extent of his or her separate income on the aforesaid joint returns. In the event
that any additional taxes, penalties or interest are assessed as a result of a mathematical error or some
other reason not related to a party's under-reporting of income or claiming any improper deduction, such
additional liability shall be divided between the parties pro rata to their reported taxable income for that
tax year.
The parties have agreed to jointly file their federal income taxes for the year 2008. Husband
shall receive the entire amount of the 2008 tax refund as his sole and separate property.
5. Additional Documentation. The parties agree to execute any deeds, assignments, titles
or other instruments necessary and appropriate to accomplish the aforesaid division of property.
6. Transfers Subiect to ExistinI4 Liens. Notwithstanding any other provisions in this
document all property transferred hereunder is subject to the existing lien or liens set forth above. The
respective transferee of such property agrees to indemnify and save harmless the other party from any
claim or liability that such other party may suffer or may be required to pay on account of such lien or
encumbrance.
7. Disclosure of Assets. Each of the parties hereto acknowledges that he or she is aware of
his or her right to seek discovery, including but not limited to, written interrogatories, motions for
production of documents, the taking of oral depositions, the filing of inventories, and ali other means of
discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure.
Each of the parties further acknowledges that he or she had the opportunity to discuss with counsel the
concept of marital property under Pennsylvania law and each is aware of his or her right to have the real
and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the
court of this Commonwealth or any other court of competent jurisdiction. Husband and Wife represent
and warrant that each has disclosed to the other in full his or her respective assets, liabilities and income
and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties
hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable
and equitable and is satisfactory to them. The remedies available to either party for breach or violation
of this provision shall be those remedies available pursuant to law and equity. Each party retains the
right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets
and liabilities, if it is later determined that there has been a failure to disclose, including but not limited
to a claim of constructive trust.
8. Representations and Warranties. The parties represent and warrant to each other that
the property described in this Agreement represents all of the property in which they have any right, title
and interest, and that such property is subject to no mortgage, pledge, lien, security interest,
encumbrance or charge except those which are disclosed herein.
9. Equitable Division. By this Agreement the parties have intended to effect an equitable
division of their jointly owned property. The parties have determined that an equitable division of such
property conforms to a just and right standard, with due regard to the rights of each party. The division
of existing marital property is not intended by the parties to constitute in any way a sale or exchange of
assets, and Me division is being effected wiihout the introduction of outside funds or other property not
constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as
non-taxable.
7
10. Relinquishment of Rights. Except as expressly provided herein, Husband forever
relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets
now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or
hereafter have in any tangible or intangible assets now belonging to Husband.
11. After-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 all respects and for all purposes as though he or she were
unmarried.
12. Debts. Husband and Wife shall each be solely responsible for all future debts in their
respective names, including but not limited to personal loans, charge accounts and credit cards. Both
parties represent and warrant to the other that as of the date of this Agreement they have not incurred,
and in the future will not contract or incur, any debt or liability for which the other or the estate of the
other might be responsible.
13. Liabilities. All debts, contracts, obligations or liabilities incurred at any time in the past
or future by either party will be paid promptly by said party, unless and except as otherwise specifically
set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that
each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified
and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all
actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the
date of this Agreement, contract nor incur any debt or liability for which the other or his or her property
may be responsible, and shall indemnify and save harmless the other from any and all claims or demands
made against him or her by reason of debts or obligations incurred by him or her and from all expenses,
legal costs, and counsel fees unless provided to the contrary herein.
14. Counsel Fees, Costs and Expenses. Each party shall be responsible for his or her own
legal fees, costs and expenses incurred in com-iection with their separation and/or the dissolution of their
marriage.
15. Alimony. In exchange for and in consideration of the promises and representations made
hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or
demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the
other or the respective separate property of the other under the laws of the Commonwealth of
Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal
support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative,
permanent or lump sum and right to seek equitable or community distribution or division or assignment
of property or similar marital rights.
16. Full Disclosure. The respective parties do hereby warrant, represent and declare and do
acknowledge and agree that each is and has been fully and completely informed of and is familiar with
and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the
other and that each has made a full and complete disclosure to the other of his or her entire assets and
liabilities and any further enumeration or statement thereof in this Agreement is specifically waived.
17. Releases. Each party does hereby remise, release, quitclaim and forever discharge the
other and the estate of the other from any and every claim that each other may now have, or hereafter
have or can have at any time, against the other, or in and to or against the other's estate, or any part
9
thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of
dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take
against each other's will, or for support or maintenance, or of any other nature whatsoever, except any
rights accruing under this Agreement.
18. Indemnification. Each party represents and warrants to the other that he or she has not
incurred any debt, obligation, or other liability, other than described in this Agreement, on which the
other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding
is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act
or omission of such party, such party will at his or her sole expense, defend the other against any such
claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the
other party in respect of all damages as resulting therefrom. Damages as used herein shall include any
claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation,
counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid
same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife
from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this
Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach
or default in performance by Husband or Wife of any of the obligations to be performed by such party
hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation
thrcatened or instituted against either party which might constitute the basis for a claim for indemnity
pursuant to the terms of this Agreement.
19. General Provisions. This Agreement constitutes the entire understanding of the parties
and supersedes any and all prior agreements and negotiations between them. There are no
10
representations or warranties other than those expressly set forth herein.
20. Fair and Equitable Contents. The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel. Each party acknowledges that he or
she has received independent legal advice from counsel of his or her selection and that each fully
understands the facts and has been fully informed as to his or her legal rights and obligations. Each
party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and
that it is being entered into freely and voluntarily after having received such advice and with such
knowledge, and that execution of this agreement is not the result of any duress or undue influence and
that it is not the result of any collusion or improper or illegal agreement or agreements.
21. Breach. It is expressly stipulated that if either party fails in the due performance of any
of his or her material obligations under this Agreement, the other party shall have the right, at his or her
election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal
remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services
rendered by the non-defaulting party's attorney in any action or proceeding to compel performance
hereunder.
22. Execution of Documents. Each party shall on demand execute any other documents that
may be necessary or advisable to carry out the provisions of this Agreement.
23. Modification. No modification, rescission or amendment to this Agreement shall be
effective unless in writing signed by each of the parties hereto.
24. Severability. If any provision of this Agreement is held by a Court of competent
jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless
survive and continue in full force and effect without being impaired or invalidated in any way.
II
25. Applicable Law. This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
26. Agreement Not to be Merged. This Agreement may be filed with the Court for
incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be
merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce
Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this
Agreement as an independent contract. Such remedies in law or equity are specifically not waived or
released.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
Witness:
e
oanna K. Weaver
Chad J. Weaver
12
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF f? N ti
SS.
Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and
County, Joanna K. Weaver, who being duly sworn according to law deposes and says that she is a party
of the foregoing Agreement and she executed same for the purposes therein contained.
Witness my hand and seal this l day of ?1 L? 2009.
ILL,
Notary Public,,
My Commission Expires:
WO_ „_WUF-ALTW OF PENN§YL,VANIA
Notarial Seal
Vi* L. Fitz, Notary Public
Susquehanna Twp., Dauphin County
My Commission Expires Jan. 6, 2011
Member, Pennsylvania Association of Notaries
13
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF be , <<: c?
. Ss.
Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and
County, Chad J. Weaver, who being duly sworn according to law deposes and says that he is a party of
the foregoing Agreement and he executed same for the purposes therein contained.
Witness my hand and seal this j 6 day of (1 le,t 2009.
Notary Public
My Commission Expires:
COMWNW ? ffl 1 PENNSYLVANIA
am 5-
Hope A. Mottos, Notary Public
Hanoon Twp., Cumberland county
my commission Expires Oct. 11, 2012
Member, Pennsylvania Association of Notarles
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SMIGEL, ANDERSON & SACKS, LLP
LeRoy Smigel, Esquire ID #09617
James R. Demmel, Esquire ID 490918
4431 North Front Street- Id Flr.
Harrisburg, PA 17110-1778
(717) 234-2401
Ismijl'i?sasllp.am.
jdemmeMisasl1n.corn
Attorneys for Plaintiff
JOANNA K. WEAVER, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. DOCKET NO. 09-1244
CHAD .1. WEAVEI:.
DEFENDANT CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on March 2,
2009.
1 The marria0e of Plaintiff and Defendant is irretrievably broken and ninety 90) da" s
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
Siait.:rjc?cr.t t;uruln i,rc otaUe ::UCDJccl 1:) ;"c; penaliic:. of K i'a.l -S. -4,;6 f rci ;I11 `? 10 UIIiW()fi.
falsification to authorities.
Date:---- 6_IZZ9 --- ---?iC- - ------
r Chad J. Weaver. Defendant
F;i ?,?1"l i It E
OF Wt?
2 QtS 9 J 29 P , 3:
SMIGEL, ANDERSON & SACKS, LLP
LeRoy Smigel, Esquire ID 409617
James R. Demmel, Esquire ID #90918
4431 North Front Street. 3d Flr.
Harrisburg, PA 17110-1778
(717) 234-2401
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idemmel<<r sasll .com
Attorneys for Plaintiff
JOANNA K. WEAVER,
PLAINTIFF
V.
CHAD J. WEAVER.
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 09-1244
CIVIL ACTION - DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
0301(c) AND V301(d) OF THE DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
?. I understand that I may lose rights concerning alimony, division of property, lav ver's
tees 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
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falsification to authorities.
Date: _---
Chad J. Weaver, Defendant
Or- TH,:i
29D9 J U€129 PNO 3: C;
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SMIGEL, ANDERSON & SACKS, LLP
LeRoy Smigel, Esquire ID #09617
James R. Demme], Esquire ID #90918
4431 North Front Street, 3 d Flr.
Harrisburg, PA 17110-1778
(717) 234-2401
IsmigelL&sasllp.com
jdemmelnsasllp.com
Attorneys for Plaintiff
JOANNA K. WEAVER,
PLAINTIFF
V.
CHAD J. WEAVER,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 09-1244
CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on March 2,
2009.
2. The marriage of 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 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: LO 4a6a K. Weaver, Plaintiff
C), F Hr L^ -;^1 I ra
230 JUN 29 Pil 3. 1
cUlliV,
SMIGEL, ANDERSON & SACKS, LLP
LeRoy Smigel, Esquire ID #09617
James R. Demmel, Esquire ID #90918
4431 North Front Street, 3rd Flr.
Harrisburg, PA 17110-1778
(717) 234-2401
Ismigel(rdsasllp.com
JdemmelLdsasllp.com
Attorneys for Plaintiff
JOANNA K. WEAVER,
PLAINTIFF
V.
CHAD J. WEAVER,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 09-1244
CIVIL ACTION - DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301(c) AND 43301(d) 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.
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. Section 4904 relating to unsworn
falsification to authorities.
1-y /1?
Date: 3 All I zz -2
Joa ><a K. Weaver, Plaintiff
OF THE
2009 ,fi t'; 29 P' i
SMIGEL, ANDERSON & SACKS, LLP
LeRoy Smigel, Esquire ID #09617
James R. Demmel, Esquire ID #90918
4431 North Front Street, 3`a Flr.
Harrisburg, PA 17110-1778
(717) 234-2401
lsmi eg l1)sasllp.com
idemmela sasllp.com
Attorneys for Plaintiff
JOANNA K. WEAVER,
PLAINTIFF
V.
CHAD J. WEAVER,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 09-1244
CIVIL ACTION - 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 §3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint: The Divorce Complaint was served on
counsel for the Defendant by U.S. Mail on March 13, 2009. A copy of the signed Acceptance of
Service is attached hereto.
3. (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce
Code: by Plaintiff on June 23, 2009; and by Defendant on June 22, 2009.
(b) (1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code:
Not applicable.
(2) Date of filing and service of the Affidavit upon the Respondent:
Not applicable.
4. Related claims pending: None.
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: Not applicable.
(b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: Simultaneously with the filing of this praecipe.
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: Simultaneously with the filing of this praecipe.
SMIGEL, ANDERSON & SACKS, LLP
Date: (p A-01 By:
oy migel, Esquire I.D.#: 09617
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ame . Demmel, Esquire I.D.#: 70259
4 1 North Front Street
Harrisburg, PA 17110-1778
(717) 234-2401
Attorneys for Plaintiff
2G, 09 Jj 29 Fi "'2
JOANNA K. WEAVER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHAD J. WEAVER
NO. 09-1244 CIVIL TERM
DIVORCE DECREE
&;r Y•` Z-;4P .0" •
AND NOW, ??Ot it is ordered and decreed that
JOANNA K. WEAVER
plaintiff, and
CHAD J. WEAVER , 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.")
None. It is further ORDERED and DECREED that the Marriage Settlement Agreement
executed by and between the parties dated March 18, 2009, is incorporated by reference
into this Decree for the purposes of enforcement, but shall NOT be deemed to have been
merged with this Decree.
Ai rothonotary
Attest: J
J ? 1
J