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HomeMy WebLinkAbout09-5711 SCOTT R. SMITH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. STEPHANIA JO SMITH, Defendant CIVIL - DIVORCE NOTICE TO DEFEND 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the first floor in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. 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 LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SCOTT R. SMITH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09- 57J/ : CIVIL-DIVORCE STEPHANIA JO SMITH, Defendant COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Scott R. Smith, by his attorney, John M. Kerr, Esquire, pursuant to Section 3301 (c) & 3301 (d) of the Pennsylvania Divorce Code, and seeks to obtain a Decree in Divorce from the Defendant, Stephania Jo Smith, upon the grounds set forth: COUNT I - NO-FAULT DIVORCE UNDER §§3301(c) or 3301(d) Lw OffiQ Of o 5020 Ritter Road I, Sutte 109 Mmhanicsburg, PA 17055 PHow 717.766.4008 FAx: 717.766.4066 1. The Plaintiff, Scott R. Smith, is an adult individual residing at 715 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Stephania Jo Smith, is an adult individual temporarily residing at 715 Allenview Drive, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 15, 2007 in Loganton, Pennsylvania. 5. Plaintiff separated from Defendant on August 15, 2009. 6. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 7. The Plaintiff and Defendant are both citizens of the United States of America. 8. The Defendant is not a member of the United States Armed Forces. 9. The cause of action and section of Divorce Code under which Plaintiff is proceeding is that the marriage is irretrievably broken under 23 Pa. Const. Stat. §3301(c) or 3301(d). 10. Plaintiff requests this Honorable Court to enter a decree of divorce pursuant to Section 3301(c) or 3301 (d) of the Divorce Code. WHEREFORE, it is requested that the Court enter a decree of divorce under either §§ 3301 (c) or 3301 (d) of the Divorce Code. Respectfully submitted, #11 John M. Kerr, Esquire I.D. #26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 kerrlaw@comcast.net Dated: August 19, 2009 9 law OHi¢ d 0 M.r rr 5020 Potter Road state 109 McCha=SbUr$. PA 17055 PHoNF: 717.766.4005 FAx: 717.766.4066 } VFRIFICATinN The undersigned, Scott Smith, hereby states that he is the Plaintiff in the foregoing Divorce action and, as such, is authorized to execute this Verification and that any factual statement contained in the preceding "Complaint in Divorce" is true and correct to the best of his knowledge, information and belief. He understands that false statements are subject to the penalties prescribed at 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Scott R. Smith NO. CIVIL-DIVORCE CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Complaint SCOTT R. SMITH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHANIA JO SMITH, Defendant in Divorce," on the below-named individual in the manner indicated: Via Certified Mail: Stephania 1o Smith 715 Allenview Drive Mechanicsburg, PA 17055 Wi ? 1o M. Kerr, Esquire 50 0 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: August 19, 2009 CF THr F' }} 1009 AUG 19 Ali 8: 4 9 GUMH-L:. PEP4K YLVA IA. 2-ye ? a4 f.3/ ' SCOTT R. SMITH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v• NO. 09-5711 CIVIL CIVIL -DIVORCE STEPHANIA JO SMITH, , Defendant . AFFIDAVIT OF SERVICE Undersigned Paralegal for the Law Office of John M. Kerr, Esquire, deposes and states as follows: 1. Undersigned Paralegal, Heather S. Clouser is an employee of Cumberland County, Pennsylvania and maintains an office at 5020 Ritter Road, Suite 109, Mechanicsburg, Pennsylvania 17055. 2. On August 19, 2009, undersigned Paralegal sent by Certified Mail, Return Receipt Requested, from New Bloomfield, Pennsylvania, No. 7007-2680-0000-2362-7617, a Complaint in Divorce in the above-captioned matter to: Mrs. Stephania 1o Smith 715 Allenview Drive Mechanicsburg, PA 17055 Lw Offia of ohn M.~elr 5020 Ritter Road State t os McChailiCSbur$, PA 17055 PHOwe: 717.766.4008 Fnx: 717.786.4068 3. On August 20, 2009, at 12:08 p.m. Stephania Jo Smith signed the receipt, No. 7007- 2680-0000-2362-7617, which is appended to this Affidavit. A Tracking and Confirmation from the United States Postal Service is also appended to this Affidavit. Respectfully submitted, Lw 09iQ d ohn M.~err Bozo Rltter Road State 109 MecharUCSburg, PA 17056 PHOrie: 717.766.4008 Fnx: 717.766.4066 Dated: August 28, 2009 Sworn and subscribed before me, a Notary Public, this 28`h day of August, 2009. Notary Public Heather S. Clouser, Paralegal Law Office of John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 heather(c~johnkerrlaw.com COMMONWEALTH OF PE SYLVAPVU; KalheAne L. N(3odlwiour°8, Notary Public Lower Allen Twp., Cumberland County ~' Commiaabn ExPlresApril 21, 2012 Member, Pennsylvania Assoclatlon of Note er USPS -Track & Confirm A. Sigry~ure Tack & ~+~n#irm Search Results Label/Receipt Number: 7007 2680 0000 2362 7617 - -- Class: First-Class Mail® Tt~a~;lti & ion#irr~~ Service(s): Certified Mail'" Enter La_beUReceipt Number Restricted Delivery Return Receipt Status: Delivered Your item was delivered at 12:08 PM on August 20, 2009 in MECHANICSBURG, PA 17055. Detailed Results: • Delivered, August 20, 2009, 12:08 pm, MECHANICSBURG, PA 17055 • Acceptance, August 19, 2009, 3:41 pm, NEW BLOOMFIELD, PA 17088 iunl ~ ~s i ~:: ~_ Track & Confirm by email Get current event information or updates for your item sent to you or others by email. ~ Gcr_.~ ~"~ UNITEDST/STES f~Q~jj.~(, .S~/~/f'C~~ Home I Help I Sign In Track & Confirm FAQs Site Map Customer $eryce Fgrms Gov't Services Carer..rs Pnvacy Policy Termspf Use CopyrightC) 2009 USPS. Ail Rights Reserved. Na FEAR Hci EEO Data FOIP, ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we cato! return the card to you. ^ Attach this carci to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~1 15 ~~ PA Page 1 of 1 ~3..i Business Customer Gateyray X Agent Addressee B. ved (Printed N C. Date of Deliv~ ~~'~- D. Is delivery address different from item 1? ^ Yes If YES, enter delivery address below: ^ No .2 ~ ~ 3. ice Type ' ~~S 'rfied Mail ^ Express Mail ^ Registered ^ Retum Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number 7007 -2680 ooao 2362 7617 (Transfer from service labeQ PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 ; 8/28/2009 http://trkcnfrm l .smi.uses.com/PTSInternetWeb/InterLabelInquiry.do rf~ 2~~~ ~~E:~ -3 4~ ~-~ c~: ~:; ~t ~~.' - .'tV~~ {`'?r ~ ..~5'y~ SCOTT R. SMITH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Civil Action - Law fM, : STEPHANIA JO SMITH, NO. 09-5711 Defendant # ca `. " ' - r cD , ` r . COUNTER AFFIDAVIT UN DER SECTION 3301(d) OF THE DIVORCUM -Mo c. 1. Check either (a) or (b): X (a) I do not oppose the entry of a divorce decree. _ (b) I oppose the entry of a divorce decree because (Check (I) (ii) or both): _ (I) The parties to this action have not lived separate and apart for a period of at least two years. _ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (a) I do not wish to make any claims for economic relief. 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. X (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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. Dated: 10 aDw JPiAANIAJ SMITH NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. I 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT R. SMITH, Plaintiff V. STEPHANIA JO SMITH, Defendant . C v ! .ril F Ir l.w PH 1: MMSERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law NO. 09-5711 PETITION RAISING MARITAL CLAIMS UNDER THE DIVORCE CODE OF 1980 AND NOW, this 17 day of April , 2012, comes Defendant, Stephania Jo Smith (hereinafter referred to as "PETITIONER"), by and through her attorney, Barbara Sumple-Sullivan, Esquire and files this Petition Raising Marital Claims Under the Divorce Code of 1980 and in support thereof states as follows: 1. A Complaint in Divorce was filed on August 19, 2009. 2. Petitioner is the Defendant in the above action. 3. Respondent is the Plaintiff in the above action. 4. Petitioner requests your Honorable Court to equitably divide, distribute or assign the marital property and debts between the parties in such proportions as the Court deems QµA 4 Ck- I aoq a It Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT R. SMITH, Plaintiff V. STEPHANIA JO SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law NO. 09-5711 VERIFICATION I, Stephania Jo Smith, hereby certify that the facts set forth in the foregoing PETITION RAISING MARITAL CLAIMS are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: (7 S PH NIA JO ITH 4 just pursuant to Section 3501 through Section 3508 of the Divorce Code of 1980, together with any amendments thereto. WHEREFORE, Petitioner requests this Honorable Court enter an order, equitably dividing the marital property in accordance with Section 3501 of the Pennsylvania Divorce Code. Respectfully submitted, DATE: 112-11-Z- Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Defendant 2 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT R. SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Civil Action - Law STEPHANIA JO SMITH, NO. 09-5711 Defendant ; CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing PETITION RAISING MARITAL CLAIMS in the above-captioned matter upon the following individual(s) by first class mail, postage prepaid, addressed as follows: John M. Kerr, Esquire 5020 Ritter Road, Suite 104 Mechanicsburg, PA 17055 DATED: ?-;0/Z /s `/ G Barbara Sumple-Sullivan, Esquire Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 4 SCOTT R. SMITH Plaintiff VS. STEPHANIA JO SMITH Defendant IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA • NO. 09-5711 20 09 MOTION FOR APPOINTMENT OF MASTER Joshua R. Hamilton, Plaintiff, moves the Court to appoint a Master with respect to the following claims: ( X) Divorce ( X ) Distribution of Property ( ) Alimony ( ) Attorney Fees and Costs and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of the Master is requested. 2. The Defendant has appeared in the action by her attorney Barbara Sumple-Sullivan, Esquire. 3. The Statutory basis for divorce is 23 Pa C.S.A. & 3301 (d) . 4. Delete the inapplicable paragraph(s) None The action is contested with respect to the following claims: c. Distribution of Property -v z? m The action does not involve complex issues of law/fact. 5 . 6. The Hearing is expected to take one half day. Additional information, if any, relevant to the motion: None 7 . & z. Date: May 23, 2012 94 -' John M. Kerr, Esquire Attorney for Plaintiff ORDER APPOINTING MASTER -err- u T' AND NOW, , 20 , Esquire, is appointed Master with respect to the following claims: Divorce and all the claims raised in the action. By the Court, J. . . CERTIFICATE OF SERVICE I, John M. Kerr, Esquire, hereby certify that I am this day serving the foregoing Motion for Appointment of Master upon the following named individual this day depositing same in the United States Mail, First Class, postage pre-paid, at Mechanicsburg, Pennsylvania addressed as follows: BARBARA SUMPLE-SULLIVAN, ESQUIRE 549 BRIDGE STREET NEW CUMBERLAND, PA 17070-1931 John M. Kerr, Esquire Attorney ID# 26414 John Kerr Law, P.C. 5020 Ritter Road, Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 SCOTT R. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA • vs. NO. 09 - 5711 CIVIL STEPHANIA JO SMITH, • Defendant IN DIVORCE ORDER OF COURT aeLaAND NOW, this / day of 2013, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated February 11, 2013, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, 0014410 Kevi . Hess, P.J. cc: John M. Kerr Attorney for Plaintiff c V rbara Sumple-Sullivan -zJ- Attorney for Defendant r:rn v Cr?t'es Mai Ltd CO I Ig 13 - . 09 TUE. Dif,01 'ti,{3t,3 kl 3: 01,1 F,pR P: J = CUMPBEEHRNI-Si-\\{'Llt\i) MARRIAGE SETTLEMENT AGREEMENT By and between SCOTT R. SMITH AND STEPHANIA JO SMITH Dated: February 11, 2013 II 11 5020 Ritter Road Suite 104 4eChalliCSbOrg,PA 17055 'HOW 717 766 4008 FAx: 717 766 4066 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE by and between Scott R. Smith (hereinafter, "Husband")and Stephania Jo Smith (hereinafter, "Wife"). WHEREAS, the parties hereto are husband and wife, having been married on September 15, 2007 in Loganton, Pennsylvania; and WHEREAS, diverse and 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; and WHEREAS, a divorce complaint was filed by Husband on August 19, 2009 and docketed at No. 09-5711 in the Court of Common Pleas, Cumberland County, Pennsylvania; and WHEREAS, the parties formally separated on August 15, 2009. NOW, THEREFORE, in consideration 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. Upon execution of this Agreement, the parties agree that each will sign the appropriate Affidavits of Consent and Waivers of Notice and to forward the . 5020 Ritter Road same to Husband's counsel, who will deliver the transcript of the record to the Cumberland County Suite t04 techanicsburg,PA 17055 Iona:: 717.766.4008 FAA: 717.766.4066 Prothonotary and finalize the divorce. 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. Reconciliation will not void the provisions of this Agreement. 2. Effect of Divorce Decree.This Agreement shall continue to be effective after the entry of a Final Decree in Divorce between the parties. 3. Agreement To Be Incorporated in Final Divorce Decree.This Agreement shall be incorporated, but not merged with, any Divorce Decree which may be entered.The Court of Common Pleas, Cumberland County, Pennsylvania shall retain continuing jurisdiction over the parties and the subject matter for the purpose of enforcement of any of its provisions. 4. Date of Execution/Effective Date.The date of execution of this Agreement shall be the day when the party last signing has done so.This Agreement shall become effective and binding upon the parties once same is signed by both parties. 5. Division of Property/Satisfaction of Marital Property Rights. The parties agree to the following equitable distribution of marital property: A. Payment of$2,000.00. Upon execution by Wife of both this Agreement and the standard consents for a 3301(c) non-fault divorce and their receipt by Husband's counsel, Husband's counsel shall forward $2,000.00 in funds from his IOLTA account to Wife's counsel.This sum shall satisfy in full Wife's claim for reimbursement for her share of the household expenses she paid. B. Division of Personal Property. The parties agree that they have either already equitably divided their personal property.o C. Vehicles. The parties relinquish any interest they may have had in any vehicles presently in 5020 Ritter Road the possession of the other party. Suite 104 Aechanicsburg,PA 17055 'F IONE: 717.766.4008 D. Retirement and Pension Accounts. To the extent that either of the parties have retirement FAx: 71 7.766.4066 or pension accounts, each party relinquishes any claim to the other's retirement or pension accounts. E. No Other Assets. Each of the parties specifically acknowledge that they do not have any other assets other than the ones described above. 6. Equitable Distribution of Property. By this Agreement,the parties have intended to effect an equitable distribution 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 the division is being effectuated without 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 of property herein as non-taxable. 7. Relinquishment of Ownership. Except as provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 8. Alimony. Both parties agree to waive any right to alimony following entry of a divorce decree. 9. Credit Card or Other Debt. The parties agree that each shall be responsible for their own debt incurred since separation. 10. Health Insurance. The parties agree that each shall be responsible for the cost of their own separate health insurance following entry of a divorce decree. 11. 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 5020 flitter Road Suite 104 dechanicsburg,PA 17055 'HONE: 717.766.4008 have or can have at any time,against the other, or in and to or against the other's estate, or any Fax: 717.766.4066 part thereof, except any rights accruing under this Agreement or as otherwise stated in this Agreement. 12. Waiver of Beneficiary Designation. Each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, and bank accounts. Each party expressly states that it is his or her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. 13. 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 own 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 to all damages resulting there from. 14. 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 representations or warranties or oral agreements other than those expressly set forth herein. 15. Legal Counsel. The parties agree that the provisions of this Agreement and their legal effect have been fully explained by their respective counsel,John M. Kerr, Esquire (Husband's counsel) and Barbara Sumple Sullivan, Esquire (Wife's counsel). Each party further represents that they have read ',5020 Futter Road Suite 104 Mechanicsburg,PA 17055 f'lioNE: 717.766.4008 the contents of this Agreement and understand its meaning. F.x: 717.766.4066 16. Default or Breach. It is expressly stipulated that if either party defaults or is in breach of the material obligations of this Agreement, the other party shall have the right to sue for damages for breach thereof, or to seek specific performance, or to seek any other legal remedies that 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. All such actions shall be brought in the Court of Common Pleas, Cumberland County, Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year below written. Scott R. Smith Witness 11 — I3 (Date) I�tilk.•1 A Steph. nia Jo S nth Witness (Date) 5020 Ritter Road Suite 104 Mechanicsburg,PA 17055 PI gonna: 717.766.4005 Fnx: 717.766.4066 SCOTT R.SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.09-5711 CIVIL ;_-, rn : CIVIL—DIVORCE - STEPHANIA JO SMITH, r ,; Defendant • >c- • 4- ;7 PLAINITT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301© OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 19, 2009. 2. The marriage of the plaintiff and the 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. 4. 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. Dated: ril/1/70/5 Signature: =" trei jf :; SCOTT R. SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09-5711 _ _ STEPHANIA JO SMITH, : CIVIL ACTION - LAW � N s"` Defendant . IN DIVORCE � ` AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 15, 2009. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the 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 are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: Or(a Wl�') ��� • �.�•A ,• P', • IAJ _ Ir. TH SCOTT R.SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.09-5711 CIVIL f : CIVIL—DIVORCE i`' 7 STEPHANIAJO SMITH, - Defendant __ • WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF r;, A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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: April 1/, 2013 /7 Scott R. Smith, Defendan SCOTT R. SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09-5711 STEPHANIA JO SMITH, : CIVIL ACTION - LAW Defendant . IN DIVORCE ' WAIVER OF NOTICE OF INTENTION TO REQUEST = -- ENTRY OF A DIVORCE DECREE UNDER §3301(c) 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 statement herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. DATE: 0140 I p� dot 4►I • ' ' ST P r• J SMITH SCOTT R. SMITH . IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA VS. STEPHANIA JO SMITH CIVIL DIVISION : NO. 09-5711 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: rc 1. Ground for divorce: r+ Irretrievable breakdown under§(3301(c))and §(3301(dX 1))of the Divorce Code. -C r E T (Strike out inapplicable section.) =a 2. Date and manner of service of the complaint: August 20,2009,Certified Mail Return Receipt Requested. 3. Complete either paragraph(a)or(b). (a) Date of execution of the affidavit of consent required by § 3301(c)of the Divorce code: by plaintiff April 11, 2013 ; by defendant April 2, 2013 (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 § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: 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: April 22, 2013 (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: Date defendant's Waiver of Notice was filed with the Prothonotary: r,l A rile rney for!1 intiffAgiefendata- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT R. SMITH V. STEPHANIA JO SMITH NO. 09-5711 DIVORCE DECREE r AND NOW, /-ion/ _?b it is ordered and decreed that SCOTT R. SMITH plaintiff, and i1► i STEPHANIA JO SMITH 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 By the Court, Attes . J• J - - Prothonotary /v eej y V 111 3