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HomeMy WebLinkAbout04-3014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OL/ - .JOIL/ e~L '7fu..~ APRIL M. CONNORS, Plaintiff VS. DAVID P. CONNORS, Defendant Civil Action - Law Divorce NOTICE 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 Telephone (717) 249-3166 or 1-800-990-9108 AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se defienda, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rom pimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una Iista de consejeros matrimonials esta disponible en la oficina del Prothonotary, en la York County Court of Common Pleas, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOUS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORVIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDlCADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 Telephone (717) 249-3166 or 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA APRIL M. CONNORS, Plaintiff NO. VS. DAVID P. CONNORS, Defendant Civil Action - Law Divorce COMPLAINT yh i AND NOW, TO WIT, this ~q day Of;r~ , 2004, comes the Plaintiff, APRIL M. CONNORS, and by her attorneys, Griest, Himes, Herrold, Schaumann, LLP, Esquires, by Heather Z. Reynosa, Esquire, files the following Complaint: 1. The Plaintiff is APRIL M. CONNORS, an adult individual, who currently resides at 400 Boyer Street, P.O. Box 11, Summerdale, Cumberland County, Pennsylvania 17093, and has resided there since on or about mid May, 2004. 2. The Defendant is DAVID P. CONNORS, an adult individual, who currently resides at 413 Pitt Street, Enola, Cumberland County, Pennsylvania 17025 and has resided there since March, 2000. 3. Plaintiff and Defendant are citizens of the United States of America. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 13, 1993, in York, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 6. Neither Plaintiff nor Defendant are members of the armed services of the United States or any of its allies. 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. COUNT I Divorce - Section 3301 (c) or 3301 (d) No Fault 8. Paragraphs 1 through 7 hereof are hereby incorporated herein as if more fully set forth hereinafter. 9. The marriage is irretrievably broken. 10. The parties separated on or about December, 2003, and have been living separate and apart since that date. 11. The Plaintiff requests your Honorable Court to enter a Decree of Divorce. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce, divorcing Plaintiff and Defendant pursuant to the Divorce Code. COUNT /I Equitable Distribution of Properly 12. Paragraphs 1 through 11 hereof are hereby incorporated herein as if more fully set forth hereinafter. 13. In order to effectuate economic justice between the parties, the Plaintiff requests your Honorable Court to enter a fair and just determination and settlement of the parties' property rights. WHEREFORE, the Plaintiff respectfully requests your Honorable Court to equitably divide and distribute the "marital property" of the parties in accordance with the Divorce Code. COUNT 11/ Alimonv Pendente Lite and Alimony Under Section 3701 and Section 3702 of the Divorce Code 14. Paragraphs 1 through 13 hereof are hereby incorporated herein as if more fully set forth hereinafter. 15. Plaintiff is unable to sustain herself during the course of this litigation. 16. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 17. Plaintiff requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor, pursuant to Section 3701 and Section 3702 of the Divorce Code. 18. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standards of living established during the marriage. WHEREFORE, the Plaintiff respectfully requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor, pursuant to Section 3701 and Section 3702 of the Divorce Code. Respectfully submitted, GRIEST, IMES, HERROLD, C U , N, L2 EATHER Z. REYNOSA, Attorney for Plaintiff Atty. 1.0. No. 81095 129 East Market Street York, Pennsylvania 17401 Telephone (717) 846-8856 By: VERIFICATION 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.A. 94904 relating to unsworn falsification to authorities. ~ '" ~ J C )\0\.;vu&- ~)M. Connors ]:J () -t;q.( t ~ ~ ../q. t...>-t:- ,'. r... ~ () 0 ..a m " ....... . . 0 '. - lr) ...Q ~ 0 V) ~ ~ ~ C ~ 0 r- ~ p:>)lJ ---.0 ~ \.. .... ~ f\ -() ~ -.0 9- v.. -..( - ~r [f APRIL M. CONNORS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 04-3014 Civil Term DAVID p, CONNORS, Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, Sandra L. Meilton, Esquire, hereby accept service of the Complaint in Divorce filed in the above matter on behalf of David P. Connors. Date: 7-1:; - CJ'f Sa~t;&/~ w c: . . MARITAL SETTLEMENT AGREEMENT 'I r}k~ (Y\ v:..A THIS AGREEMENT, Made this I '-1 day of {Iv , 2005, by and between David P. Connors, Jr., hereinafter referred to as "Husband", and April M. Connors, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on February 13, 1993; and WHEREAS, two children were born of this marriage, namely, Austin Connors, born August 17,1997 and Alyssa Connors, born August 27,2003; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Sandra L. Meilton, and Wife by her attorney, Heather Z. Reynosa, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. Each party shall at all times keep the other informed of his or her place of residence, and shall promptly notify the other of any change, giving the address of the new place of residence. The parties agree that the terms of this Agreement shall not be affected by their subsequent co-habitation or resumption of marital relations unless the parties otherwise specifically agree in writing. Neither Husband nor Wife shall alienate nor attempt to alienate the affections of the children from the other party. 2. PERSONAL RIGHTS: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on March 15, 2004, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. From the date of execution of this Agreement, Wife shall use only those credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on March 15,2004, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. From the date of execution of this Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. - 2 - party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY: Except as may be otherwise provided herein, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Except as may be otherwise provided herein, Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. - 4 - accordance with its terms. Husband shall indemnify Wife from any loss by reason of default in the payment thereof and agrees to save Wife harmless from any future liability with regard thereto; and (b) the 1980 Motorcycle currently in Husband's possession shall become the sole and exclusive property of Husband free and clear of all liens and encumbrances; and (c) the 1998 Mustang shall become the sole and exclusive property of Wife free and clear of all liens and encumbrances. It is understood by the parties that the mortgage was used at least in part to purchase the Mustang and per paragraph 5 above, Husband has assumed responsibility for that debt; and (d) the titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to the proper parties on the distribution date. 9. GLASSTRON GS 229 BOAT: The Glasstron GS 229 Boat shall become the sole and exclusive property of Husband subject to the lien held by Lakeland Bank. Husband covenants and agrees to pay and discharge the lien on said boat in accordance with its terms. Husband shall indemnify Wife from any loss by reason of default in the payment thereof and agrees to save Wife harmless from any future liability with regard thereto. 10. DEPENDENCY EXEMPTIONS: The parties agree that each shall be entitled to claim one of the children as a dependent for tax purposes. It is agreed that Husband shall claim Austin and Wife shall claim Alyssa while both children are eligible to be claimed as dependents. When there is only one child remaining who is eligible to be claimed as a dependent, the parties shall rotate claiming that child. Both parties agree to sign the necessary Internal Revenue forms to assure that the intent of this Agreement is met. - 6 - 11. ALIMONY: Both parties acknowledge and agree that the provIsions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. 12. ALIMONY PENDENTE LITE. COUNSEL FEES. AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 13. INCOME TAX PRIOR RETURNS: 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. 14. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's - 7 - allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 15. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.SA Section 3301 (c). Accordingly, both parties agree to forthwith execute such consents, affidavits. or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.SA Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce~ It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 16. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 17. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. - B - 18. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 19. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement 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 which has been requested by each of them or by their respective counsel. 20. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife 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 Agreement 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 23 Pa.C.SA Section 3501 et. seQ. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish 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 rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. - 9 - 21. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall In all other respects remain in full force and effect. 22. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 23. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. - 10 - 24. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 25. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 27. CONSTRUCTION: No provisions of this Agreement shall be interpreted for or against any party because that party or that party's representative drafted this Agreement in whole or in part. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. / ;k:. v~ 'dJ/-t/D-.0 -Sandra L. Meilton SEAL) David P. Connors, Jr. 2 ~ >.J... ~ ~ (SEAL) April M. Conno - 11 - . COMMONWEALTH OF PENNSYLVANIA COUNTYO;'~ On this, the Il-f...... day of~Ch , 2005, before me, a Notary Public, the undersigned officer, personally appeared David P. Connors, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. ) ( ) SS: IN WITNESS WHEREOF, I hereunto set my hand and official seal. (~~ ~/tit. .-~~~ . .--t-...A J', '- '--_. .,-... a ->.- -.-Net8~ Public Notarial Seal Pauline Patti Thomas. Notary Public City Of Harrisburg, Dauphin County My Commission Expires Mm. 24, 20m ;','i:..:iii!.;t:f, t<,J,';;"'" COMMONWEALTH OF PENNSYLVANIA COUNTY OF y~ / On this, the Z3;J-- day of }ffl.JL4I ,2005, before me, a Notary Public, the undersigned officer, personally appeared April M. Connors, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. ) ( ) SS: IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~Jfr Ii !-Ai"~ Notary bli ' 71620.1 NOTARiAl SEAl KELLY A. LAUER. NOTARY PUBLIC CITY OF YORK. YORK COUNTY MY COMMISSION EXPIRES FEB. 2, 2006 ~-,_....~<~_..~ , , ' --',l " ";' , .~. c) --."'~"' APRIL M. CONNORS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3014 CIVIL TERM DAVID P. CONNORS, Jr. Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 29, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree in 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. Section 4904 relating to unsworn falsification to authorities. Date:3j23J O~ ~^l--l~(~M/;\4- Apn . Connors, aintiff 3/12 I as: , ~ C) I;~~ ;c,:\ ~"~~?:6 'f,'.-:: ~,' rv ~n\::, c :,~ -~-\-t;;, .' ~ --,' " ",i<" -'; ",,0 ~~1 - c;;. - APRIL M. CONNORS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3014 CIVIL TERM DAVID P. CONNORS, Jr., Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c} of the Divorce Code was filed on June 29, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree in 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. Section 4904 relating to unsworn falsification to authorities. Date: 3/14/05 "7t- -- -:--..-.. ,V ~ J('i;,,~ David P. Connors, r., Defe t\ ----s '., C) c-' 25 ..M ~~~l:5 "s ." -01 ,l (j<:) r.:J2' -~~ ..- , .' -, C} TI ."h -( APRIL M. CONNORS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-3014 CIVIL TERM DAVID P. CONNORS, Jr., Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of 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. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 31;1.31 o~ k^:u~ .~llY\JVU)~ Ap iI M. Conno s, aintiff 1:-\ -< r-' ~ c) ,~ -n "" ~-:~:;:!_., ~f.s~~.~~ {.,) I ~. ''''- \.c :.: ': e;::. APRIL M. CONNORS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3014 CIVIL TERM DAVID P. CONNORS, Jr., Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of 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. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 3/14/05 n I :p.:;l ';r,~", c',,> - ~ " cc \-\ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA APRIL M. CONNORS NO. 04-3014 CIVIL TERM vs. Action in Divorce DAVID P. CONNORS PRAECIPE TO TRANSMIT RECORD 1. Ground for divorce: irretrievable breakdown under Section 3301 Ic) of the Divorce Code. 2. Date and manner of service of the complaint Bv personal service on Julv 12. ! 2004. See Acceptance of Service filed with the Prothonotary on Auqust 11. 2004. 3. (Complete either paragraph (a) or (b)) (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff 3/23/05. Said Affidavit of Consent is beinq filed with the Prothonotary contemporaneouslv herewith on 4/1/05; by Defendant 3/14/05. Said Affidavit of Consent is beinq filed contemporaneouslv herewith on 4/1/05 . (b) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: N/A and, date of service of the Plaintiff's Affidavit upon the Defendant: N/A 4. Related claims pending: All claims settled bv Marriaqe Settlement Aqreement (iRn",. HI",,,.IlERR()].O.S"HAI''''~~LLr dated 3/14/05. Ano"".,.,.""L.,,, 1!~E.wl M._'"HTSTR,..I" Y""K.PF'~."H',,,,., 17401 Tn'>""I""', .7171 M~.~~5h ;R""T, H'".s,H"RROW, ~(,HAt'."'" t.L" ATI()"~EY<MLA" 1!9 LAST l>/""KnSHJrr YORK,P"N'''''''ANr,\174111 TJ'IUH/)N".1717) ~4('_~~:\(, _____ 1- II , .~ , .. II I 5. Date and manner of service of Notice of Intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301(d)(1)(i) of the Divorce Code: N/A 6. Date and manner of service of Notice of Intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301 (c) of the Divorce Code: N/A or, date of execution of Plaintiff's Waiver of Notice of Intent to Request Entry Of A Divorce Decree Under 53301 (c)- 3/23/05, said Waiver is being filed with the Prothonotary contemporaneouslv herewith on 4/1/05 and date of Defendant's Waiver of Notice of Intent to Request Entry Of A Divorce Decree Under 53301 (c)- 3/14/05, said Waiver is beinq filed contemporaneouslv herewith on 4/1/05 . /) c? I DATE: ~ !Y'1 .~;:& / , I , .}CJO S- f / A to ey for Plaintiff Hea er Z. Reynosa, Esquire Attorney I. D. No. 81095 129 E. Market St., York PA 17401 ~."' " ;.j t,..~") - .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'f'f'f'" ~:t'~ ~~~~ ~~ ~ ~~~~ ~~~~~ ~ ~~~~~ ~ ~~ ~ ~~ ~ ~~T.+T.+T.+++++ ~++++.+. +++++++~ . IN THE COURT OF COMMON Pi' EAS : . OFCUMBERLANDCOUNTY STATE OF PEN NA. APRIL M. CONNORS No. 04-3014 VERSUS DAVID P. CONNORS DECREE IN AND NOW, DIVORCE ~\ 2005 , IT IS C RDERED AND -;j DECREED THAT APRIL M. CONNORS , PLI INTIFF, AND DAVID P. CONNORS , DE' ENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIN S WHICH HAVE BEEN RAISED OF RECO'f~~ ~S ACTION FOR WHICH A FINAL 01 DER HAS NOT YET BEEN ENTERED; VU A certain Marital Settlement Agreement between tr1e parties date is hereby incorporated into this Decree and Order by reference though same were set forth herein at length. Said Agreement s with but shall survive this Decree and Order. ARE DIVORCED FROM THE BONDS OF MATRIMONY. / By THE~OURT: mmt~. , v ip . ++ +:+:+:+:+'1' ;f+'f'f+ '1''+'+'10 Of +. +. 'I"f , 14, 2005: . as . . . . . . . . . . . . . . . . . . . . . . . . . . . '1'+++++'+''+:+'1'+ +,+,'1; Civil Term March s fully 11 not merge - ~-, ...'" \\ OTHON~ARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. ~t/ .f;z3;1 :z ~I !7~;.t., -)/:;? 1 ./-/ !7~ 7'27 ~ ~ ~ /~?JSi;; tJ;1- "t: ~ .. 4' . .