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Home My WebLink About04-5628 ( MARCUS BONAWITZ Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. . ; NO. 04 - sui> 17 L~" ~ '-.:.. t c.., ~ , E:.I u . L.. EILEEN F. BONAWITZ Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HA VB 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, Carlisle, PA. 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 LA WYERATONCE. IF YOU DO NOT HAVE A LA WYER 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 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. Sl NO TIENE ABOGADO 0 Sl NO TIENE EL D1NERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUY A D1RECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR AS1STENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue 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 assessable facilities and reasonable accommodations available to disable individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 MARCUS BONAWITZ Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 04- St..:).} c?'~~L~Ea...{ : CIVIL ACTION - LAW : IN DIVORCE EILEEN F. BONAWITZ Defendant COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Marcus Bonawitz, Pro Se, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Marcus Bonawitz, is an adult individual who resides at 26 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant, Eileen F. Bonawitz, is an adult individual who resides at 180 East King Street, Abbottstown, Adams County, Pennsylvania, 17301. 3. The Plaintiff has been a bona fide resident 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 8/26/93. 5. Plaintiff avers that there are no children to the parties. 6. The Plaintiff and Defendant are both citizens ofthe United States of America. 7. There have been no prior actions in divorce between the parties. 8. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 9. Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. 10. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on 1 0/7/04. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree dissolving the marriage between the Plaintiff and Defendant. Respectfully Submitted, nn~ Marcus Bonawitz, Pro Se 26 East Locust Street Mechanicsburg, P A l7055 (717) 796-l653 Dated: /1-6'-..'0 V MARCUS BONAWITZ Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. EILEEN F. BONAWITZ Defendant : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Marcus Bonawitz Date: J 1--50<{ +~ e::.J:: ::J D )oJ..../::. ~ "6Q. .......... ...0 o . & p:J J- 0 '" F: = 0 (.~;j ...:-" -n ~ .-1 C~ ::r i -.:: nipl (' ,;:, '. I -onl r:. CO :u? C) " .'j ( ) 1::' -r -j C'; ::r: ~j~ij l:: :< <:.~ urn ::.:~ (~) ,~.! 11 (...,> -< (\ C:= MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT is rnade and entered into between MARCUS BONAWITZ and EILEEN F. BONAWITZ, hereinafter referred to as Husband and Wife. The parties were rnarried on 8/26/94 and there are no children born of their marriage. As a consequence of disputes and unhappy differences, the parties have separated, The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, support, and all other rights and obligations arising out of the rnarriage relationship. ,".". It is therefore agreed: :.'.1 (j) 1. CONSIDERATION I'. The consideration for this Agreernent is the mutual prornises and agreerri~t IT:Jein2 contained. 2. SEPARATION AND NONINTERFERENCE A. It will be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may frorn time to tirne choose or deem fit. B. Each party shall be free frorn interference, authority and control, direct or indirect, by the other, as fully as ifhe or she were single and unmarried. Neither shall bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her, 3. MUTUAL RELEASE Subject to the provisions of this Agreernent, each party has released and discharged, and by this Agreernent does for hirnself or herself, and his or her heirs, legal representatives, executors, adrninistrators, and assigns, release and discharge the other of and from all causes of action, clairns, rights, or dernands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce. 4. FULL DISCLOSURE The provisions ofthis Agreernent and their legal effect are fully understood by each party to this Agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and Wife each represent and warrant to the other that he or she has rnade a full and cornplete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the sources and arnount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this agreement. Wife represents that she was represented by Gregory Hazlett, Esq. in reaching this Agreement, and Husband represents that he was represented by Marianne E. Rudebusch, Esq., in reaching this Agreement. Both parties represent that the terms of this Agreernent have been fully explained to them by their respective counsel. 2 5. EOUlT ABLE DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 6. SUBSEOUENT DIVORCE A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party frorn defending any such action which has been, rnay or shall be instituted by the other party, or frorn making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is rnade for the specific purpose of inducing Husband and Wife to execute the Agreernent. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this 3 Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreernent. B. ENTRY AS PART OF DECREE - It is the intention of the parties that the Agreement shall survive any action for divorce which rnay be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or perrnanent, shall affect or modify the financial terms ofthis Agreernent. This Agreement shall be incorporated in but shall not rnerge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. C, 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.S.A. 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 docurnents as may be necessary to prornptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. 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, 4 7. DIVISION OF PERSONAL PROPERTY The parties agree that all personal property, including but not limited to household goods and furnishings shall be divided as per the attached Exhibit A. Leo and Mona shall rernain with Husband while Josie shall be the property of Wife, In the event that Wife cannot keep the cat, the anirnal shall remain with Husband. 8. DIVISION OF MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: Husband: Wife: 2000 GMC Pick-up Truck, subject to all encumbrances N/A 9. DISPOSITION OF PROPERTY Frorn and after the date of the signing of this Agreernent, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreernent and may mortgage, sell, grant, convey or otherwise encurnber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 5 10. DIVISION OF REAL PROPERTY Husband and Wife hereby agree and acknowledge that they own certain real property located at 26 East Locust Street, Mechanicsburg, Pennsylvania, as tenants by the entireties. Wife hereby agrees to convey all her right, title and interest in said property to Husband, Wife agrees to execute a deed or other instrurnent of conveyancing necessary to effectuate this transfer at the time of the execution of this docurnent. The parties acknowledge that there are two existing rnortgages against this property held by Citizen's Bank in the approximate amount of$41,000.00 and $22,0000,00, Husband agrees to assume total liability for the rnortgages, Husband shall hold Wife harmless and indemnify her frorn liability for this obligation and other obligations arising from this property. Husband shall pay to Wife $3,000.00 concurrently with the signing of the deed and of this agreement and an additional $1,500.00 upon Wife's vacating the rnarital residence on or before 12/1/04. Husband agrees to assist Wife in moving her belongings from the marital horne into the barn. The rernoval of Wife's belongings from the barn shall not be restricted as to her helpers. The rnortgage payrnents to Citizens for the rnarital home, as well as all utilities, shall be paid by Husband until 12/1/04. In the event that Wife rernains in the residence after 12/1104, she shall be responsible for 50% of all costs associated with the property, including but not lirnited to mortgages and utilities. 6 11. PAYMENT OF SPECIFIED OBLIGATIONS The parties agree that the following constitute joint rnarital obligations which shall be paid by the following person: A. WIFE - Capital OneAcct#5291-4294-3125-5096 with a balance of$3,674.78 All debts in her name alone B. HUSBAND - Chase #5222-7631-5099-4881 USAA #5458-8400-0381-7082 US Bank Old Navy #6018-5960-9717-3482 All debts in his narne alone $ 4,886.84 $ 4,314.66 $10,300.00 $ 190.29 12. LEGAL FEES Each party shall pay his or her own attorneys fees. 13. ALIMONY/SPOUSAL SUPPORT/APL 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 rnay now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support, maintenance, 7 alimony pendente lite or alimony, However, Husband agrees to pay to Wife $50.00 per week beginning the first Friday after the execution of this agreernent and the deed by Wife and ending on 11/15/04, for her expenses. The parties agree that Husband shall maintain Wife on his heaIthcare insurance until 3/1/05 at his expense. It is agreed that the divorce shall not be finalized until 3/1/05. Husband agrees to pay to Merck Medco directly up to $50.00 every three (3) months for Wife's co-pays for her rnedications. This obligation shall end on 3/1/05. 14. MISCELLANEOUS All assets including, but not limited to, savings accounts, checking accounts, certificates of deposit and life insurance policies shaH be the sole and separate property of the title holder of said asset. The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party prornises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax 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 incorne tax is proposed, or any 8 assessment of any such tax is made against either of thern, each will indemnify and hold harmless the other frorn 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 aforesaidjoint returns. The parties agree that the 2004 Tax returns shall be filed jointly and all refunds shall be Husband's. 16. GENERAL PROVISIONS A. WARRANTY AS TO EXISTING OBLIGATIONS - Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreernent. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities, or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. B, WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as rnay be otherwise specif1cally 9 provided for by the terms of this Agreement and that neither ofthem shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C, SEVERABILITY - If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken frorn this Agreement and in all other respects this Agreernent shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to rneet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties, D. OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith execute any and all written instrurnents, assignrnents, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. E. 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, F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deerned a waiver of any 10 subsequent default of the same or similar nature. G. MUTUAL COOPERATION - Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or docurnents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. H. LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Cornrnonwealth of Pennsylvania. 1. BINDING EFFECT - Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. J. NO WAIVER OF DEFAULT - This Agreement shall rernain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreernent shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or sirnilar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. K, HEADINGS NOT PART OF AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or reference and shall not constitute a part of this Agreement nor shall they affect its meaning, 11 construction, or effect. L. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein otherwise provided, each party rnay dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she rnay have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the wiIl of other, and right to act as administrator or executor of the other's estate, and each party will, at the request of the other, execute, acknowledge, and deliver any and all instruments which rnay be necessary or advisable to carry into effect this mutual waiver and relinquishrnent of all such interests, rights and clairns. M, ATTORNEY'S FEES FOR ENFORCEMENT - In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all reasonable attorneys' fees, court costs, and expenses incurred by the other party in enforcing the Agreernent. N. Husband shall not hinder Wife from entering, leaving or being present in the rink. He shall not harass Wife or her teammates by his presence, word or deed. Husband shaH be permitted to play hockey on another team ifhe so desires. 12 IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the ~ day of !JOt)" , 2004, at Harrisburg, Pennsylvania. .,- mkvww()~ Marcus Bonawitz f ((WAA'1-_8~ Eileen F, Bonawitz COMMONWEAL TH OF PENNSYL VANIA COUNTY OF ~ On this the ~~ay of Nov ,2004, before me the undersigned officer, personally appeared EILEEN F. BONAWITZ, satisfactorily proven to be the person whose name is subscribed to the within document and acknowledge that she executed the same for the purposes therein contained. SS IN WITNESS WHEREOF, I have hereunto set my hand and official seaL D au:tfu- Notary Public (Y) 6 A~ COf1AMONWEALTH OF PENNSYLVANIA Notarial Seal Dorelha M. Burger. Notary Public AbbollstolMl Boro, Adams County My Ccrnmission Expires Sept 27, 2007 Member, Pennsylvaniil Association Of Notanes COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN On this the J qt"'day of Or't,bP,L , 2004, before me the undersigned officer, personally appeared MARCUS BONAWITZ, satisfactorily proven to be the person whose name is subscribed to the within document and acknowledge that he executed the same for the purposes therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and official seaL N{i~~~~,~ KATH NOTARIAL SEAL lOWER f~l~f A, FRfY, NOTARY PUBLIC MY COMMISS~~N Trx~IRr\Uf~~~ ~o~gJJ 13 TO WIFE: Kitchen table TV in kitchen Hoosier in kitchen Half dishes and plates One dresser from dressing room Ice chest Computer in dressing room One futon Cabinet & TV in living room Small white table in living room DVD Player in livingroom Bed in main bedroom Art supplies and Easel Breakfront in hallway Weight bench in spare bedroom All jewelry Two bikes Wife's hockey equipment Half of linens Pool cue Garden cart Flower pots House plants Personal books and papers Small tools Small drill boom box Various CD's TO HUSBAND: Refrigerator Washer and Dryer Lawmnower Half dishes and plates Small appliances One dresser from dressing room One futon Bookcase in living room Cabinet in main bedroom Pool table, pool cues from pool room TV in pool room Table and chairs in pool room All too Is Husband's hockey equipment Two bikes Half oflinens Chipper/shredder Desk in dressing room TV and VCR in bedroom Book case in hall White table Big desk in dressing room Chairs for kitchen table Red leather chair in dressing room Various CD's EXHIBIT A MARCUS BONAWITZ Plaintiff : IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04-5628 EILEEN F. BONAWITZ Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 11/8/04. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed frorn 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 rnade in this Affidavit are true and correct. I understand that false statements herein are rnade subject to the penalties of 18 Pa,C,S,A. Section 4904 relating to unsworn falsification to authorities. Date: aj:n/oc) { 1JrJ~ Marcus Bonawitz C) " ::;;r: :.:;:~ :;:lJ , __.1 '.. :~:) 1""':::' MARCUS BONAWITZ Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-5628 EILEEN F. BONAWITZ Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST 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 alirnony, 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 rne 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, 94904, relating to unsworn falsification to authorities, Date: ~/d.7/0~ I / Marcus Bonawitz ,:) .11 \ __1 ('-'" J;~ MARCUS BONAWITZ Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-5628 EILEEN F. BONAWITZ Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1, A Cornplaint in Divorce under Section 330 I( c) of the Divorce Code was filed on 11/8/04. 2, The rnarriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed frorn 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 verity that the statements rnade in this Affidavit are true and correct. I understand that false staternents herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities, Date: '1~/ () c; D. P OJ ^,~lm\V( ^ ~';.~ Eileen F, Bonawit ! " , ",,", ,", , c. - MARCUS BONAWITZ Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-5628 EILEEN F. BONAWITZ Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST 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 irnmediately after it is filed with the Prothonotary, I verifY that the statements rnade in this Affidavit are true and correct. I understand that false staternents herein are rnade subject to the penalties of 18 Pa, C.S. 94904, relating to unsworn falsification to authorities. Date: "(~! oS ( [ " ( /1I cLQ ~ ,-.. . , Eileen F, Bonawitz ", , Y)CnVQ 1/-dJ,Y" ,- 0 .~ - ----- ,.. .. MARCUS BONAWITZ Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04-5628 EILEEN F. BONAWITZ Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE Marianne E, Rudebusch, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 7th day of November ,2004, she did serve upon, Eileen F. Bonawitz, the Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending a copy by First Class Mail, certified/restricted delivery, postage pre-paid, to the Defendant. The "green card" of service for said Complaint is attached. Said copy of the Complaint was duly endorsed with notice to Defendant to appear and answer within twenty (20) days from the date of service or the matter would proceed without her, Sworn to and sub~cribed before me this /(P 'f1-..c1ay of fvl.{,v\.(;,L ,2005, J,..' MOl ~R\~L S~~R1 PU~LlC \\1..1RERIME ^~ mJ' ~^U~R\N ~o~~1 low~~::i~OM XPIRES SEn By:/6,(Q./\.CLv~ t'. (2~( ~7 ~~ Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, P A 17109 (717) 657-0632 Id. No. 63522 ,/ . . . SE 'JDER CaMP fE THIS SECTION . . . . . Complete items', 2, and 3, Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: A. ~ature r X:" ' Eileen Bonawitz 180 East King Street Abbottstown, P A 17301 3, ~iCEl Type Certlfled Mail Registered "red o Express Ma" o Return Receipt for Merchandise 2. Article Numbsl (T tansfBr from c 7003 0500 0004 2291 0285 PS Form 3811. August 2001 Domestlc Return Receipt 2ACPA1-03-P...uJSl . . - . MARCUS BONAWITZ Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04-5628 EILEEN F. BONAWITZ Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transrnit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 330l(c) of the Divorce Code. 2, Date and rnanner of servIce of the cornplaint: November 7. 2004: Certi fi ed/Restri cted. 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, 3/27/05 ; by Defendant, 3/3/05 (b)(1) Date of execution of the affidavit required by Section 330l(d) of the Divorce Code: N/A. (2) Date of filing and service of the affidavit upon the respondent: N/A. . l 4. Related clairns pending: All claims were resolved by Marriage Settlement Agreernent dated 11/2/04 5, Cornplete either (a) or (b). (a) Date and rnanner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: N/A. (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: 3/7/05 Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: 3/I 1/05 By: ~~C4~ t, ;2oU b'>.d-" Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, P A 17109 (717) 657-0632 Id. No, 63522 Attorney for Defendant Dated: 3.' 14:-05 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :f.:f.'Ii:f. ~ ~'Ii:f.:f.~'Ii:f. ~:f.~:f.:f.:f. iIi ;t;:ldiCf."''''''':f. :f.~~ ~~:f.:f.~:f.~ "''''~:f.~''''''~:f.''' "':f.:f.:f.~:f."':f."'''' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ST,ATE OF PENNA. MARCUS BONAWITZ, Plaintiff No. 04-5628 VERSUS EILEEN F. BONAWITZ, Defendant DECREE IN DIVORCE AND NOW, rYltJ,.d, Z 2.....1 2005 , IT IS ORDERED AND DECREED THAT Marcus Bonawitz , PLAINTIFF, AND Ei leen F. B onawi tz , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The attached Marriage Settlement Agreement dated 11/2/04 is hereby incorporated but not merged with this Divorce ~ecree. . . . . J, . . . . . . . PROTHONOTARY . . . . "''liT'" :f.if.'Ii:f.:f.:f.:f.~"':f. "'''''Ii''''''+'+' +':f.~iliT'liT:f.+'T+'~ . .. :f.'f.'f.;f. ;f. .. . . . if.;f.+''Ii''':+; . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . . . . . . . . . . + . . . . . . . . . . . . . . . + . . + . . . . + + ~," i + . . + + + + . . /rtIJ L:> c7?../'- AO'~ ,p'y, ;;r , - k:) f'fJ ;;G 'LL " yry'l"'CI Y cf ~ . " ~ i, ~ .' ~