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HomeMy WebLinkAbout04-5977 GAIL POTTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ~ NO. (Jlf- 5 C, II CIVIL TERM : IN DIVORCE HARRIS ALEXANDER POTTER, Defendant 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. Ajudgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA GAIL POTTER, v. : CIVIL ACTION - LAW HARRIS ALEXANDER POTTER, Defendant :NO. : IN DIVORCE CIVIL TERM COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is GAIL POTTER, who currently resides at 10 Wiltshire East Street, Carlisle, Cumberland County, Pennsylvania, since September 13,2004. 2. Defendant is HARRIS ALEXANDER POTTER, who currently resides at 1404 Brierwood Road, Havertown, Pennsylvania, since May 30, 2002. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on December 3, 1983, at Wilkes-Barre, Luzerne County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree of Divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. Date: ///d:< o/tJ{/ ~./ (~/ --' (V'~~ Gail Potter, Plaintiff By: --. rJYlor P. drews, Esq. ;Attorneys for Plaintiff U8 W. Pomfret Street Carlisle, P A 17013 (717) 243-0123 ,,~~ cD ~ e- Cf1 -- 0\' ....J OQ .Jl ~ ~ -0 D ~ "~ f. ~. j,~~ ;~~':: ~,; ...< Q c :2':"",, ~ . ~ :, ~ ~ r-..:I = = ..J:,- o ." --I ::r.." f11r= -om -.']0 61 ;:::,.:1 ~i'~ <:> :0 ."?(') CSm --I )> ::0 -< -- ...- c:> -<: w Cl ~=- :E \.D Ul \.0 GAIL POTTER Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW HARRIS ALEXANDER POTTER Defendant : NO. 04-5977 CIVIL TERM : IN DIVORCE MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this /;d~day of Se(J,j- , 2005, between GAIL POTTER (hereinafter called "Wife") and HARRIS ALEXANDER POTTER (hereinafter called "Husband"). WITNESSETH: The parties hereto are Wife and Husband, having been married on December 3, 1983, at Wilkes Barre, P A. There were two children born of this marriage: Noelle Potter, born May 12, 1984 [Full-time college student] Brittany Potter, born December 27, 1985 [ Full-time college student] Diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation: (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and of Husband by Wife; and (3) in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 1 t NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Taylor P. Andrews, Esquire, of Carlisle, P A, for Wife, and R. Scott Aldridge, Esquire, of Media, P A, for Husband. Each party acknowledges that she or he has received independent legal advice from counsel of her or his selection and that each fully understands the facts and has been fully informed as to her or his legal rights and obligations and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 2. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on and engage in any 2 business, occupation, profession or employment that to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes that led to, or resulted in, the continuation of their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 3. TANGIBLE PERSONAL PROPERTY Except as provided below, Wife agrees to and does hereby set over, transfer and assign all of her right, title and interest to any and all furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books and any household goods of whatever nature which are presently located or situated in the residence at 1404 Brierwood Rd., Havertown, P A 19083. Husband agrees to and hereby does set over, transfer and assign all of his right, title and interest to those personal effects and items of personalty that currently are in the possession or control of Wife. By these presents, each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims he or she may have with respect to any of the above items which are the sole and separate property of the other from the date of execution hereof. Except as otherwise provided herein, the parties acknowledge that they have heretofore divided between them, at the time of their separation, all their tangible personal property to their mutual satisfaction, except as otherwise stated. Henceforth, each of them shall own, have and enjoy independently of any claim or right of the other all items of tangible personal property of every kind, now and hereafter owned, or held by him or her, with full power to dispose of same as fully and effectively in all respects and for all purposes as ifhe or she were unmarried. 3 4. INTANGIBLE PERSONAL PROPERTY Wife agrees to and hereby does set over, transfer and assign all of her right, title and interest to any and all investments, bank accounts, and business accounts registered to Husband or Husband's business, including all retirement accounts in Husband's name or the name of Husband's business, and Husband's Eagles seating privileges and season tickets. Husband agrees to and hereby does set over, transfer and assign all of his right, title and interest to any and all investments, bank accounts, and retirement accounts in Wife's name and the membership and associated Bond with the Philadelphia Skating Club & Humane Society. Henceforth, each of them shall own, have and enjoy independently of any claim or right of the other all items of intangible personal property of every kind, now and hereafter owned, or held by him or her, with full power to dispose of same as fully and effectively in all respects and for all purposes as if he or she were unmarried. 5. REAL PROPERTY Wife hereby agrees to convey, transfer and grant to Husband her right, title and interest in the real estate situated and located at 1404 Brierwood Rd., Havertown, P A 19083. In consideration of this transfer and the relative values of the personal property that is being divided between the parties, Husband shall pay Wife the sum of Forty-one thousand one hundred dollars ($41,100.00). This is not payment in exchange for the transfer of real estate, but rather a transfer to accomplish the equitable distribution of all marital property as per this agreement. Wife shall convey to Husband her interest in the property at 1404 Brierwood Rd., Havertown, P A 19083 at such time as Husband shall make payment to Wife of the $41,100.00 referenced herein and Husband shall have demonstrated to Wife's counsel that Wife is not obligated on the mortgage indebtedness for the 4 property at 1404 Brierwood Rd. This transfer shall take place within 60 days of the execution of this agreement. Wife agrees to transmit a deed of transfer to Husband's settlement agent, Silk Abstract Company, upon receipt of a written assignment by Husband to Wife of his interest in $41,100.00 of the proceeds realized from a refinance of the real estate by Husband with Ameriquest Mortgage Company, which assignment by Husband shall also be signed by Husband's settlement agent indicating that the agent will be bound by the assignment. If disbursement of this financing shall not occur for any reason, the settlement agent shall return the deed signed by Wife to Wife's counsel, Taylor P. Andrews, Esq., 78 W. Pomfret St., Carlisle, PA 17013. Husband agrees to assume as his sole obligation any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection with said premises since the time of the parties separation on September 14,2004, and Husband agrees and covenants to hold Wife hannless from any such liability or obligation. 6. SUPPORT AND ALIMONY The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves, sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, support or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 5 7. LIABILITIES During the course of the marriage, Wife and Husband incurred certain bills, obligations and debts, and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that Husband and Wife shall be responsible as set forth hereafter as follows: HUSBAND RESPONSIBLE FOR: · All indebtedness related to his business specifically including but not limited to Home Depot and Sunoco accounts. · All indebtedness due to Franklin Mint FCU or its successor or replacement creditor · The Master Card through Franklin Mint FCU or its successor or replacement creditor WIFE RESPONSIBLE FOR: · All of her student loans. . The AOL Visa account Each party shall take whatever steps are necessary and possible to have the other party removed from liability on an account for which the party is assuming responsibility within 60 days of the date of the execution of this agreement. If it is not then possible to have the other removed from the credit account, the effort to remove the other from the account shall be renewed every 3 months thereafter until the other's name is removed from the credit account. The party seeking to remove that other party's name from an account shall be under a continuing duty to demonstrate his or her efforts to do so in compliance with this agreement, and this provision may be specifically enforced 6 , by the Court if there is a default. The reasonable attorney fees for enforcing this provision of this agreement shall be recoverable from the other party in any Court action to enforce this provision. Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them, including those for necessities. 7. INCOME TAX EXEMPTIONS AND STUDENT AID APPLICATIONS If Husband or Wife shall be entitled to take an income tax deduction for the exemption related to Noelle Potter and/or Brittany Potter, Wife agrees that Husband shall be entitled to the exemption and any college-expense related deductions provided that Husband shall file his federal income tax by March 31 st [15 days before the due date] and further provided that Husband files the Free Application for Federal Student Aid [F AFSA form] no later than AprillSth of the same year to facilitate the student aid for each daughter. Husband also agrees to promptly answer all inquiries by the respective college or Federal Authorities about the F AFSA form in response to any inspection or audit so that the student aid of each daughter is not lost due to an incomplete application or failure to provide verification. If Husband shall not file his federal income tax return as indicated above, Wife shall have the right to file a federal tax return in the same year and to take an income tax deduction for the exemption and any college-expense related deductions related to Noelle Potter and/or Brittany Potter provided that Wife shall file the FAFSA no later than April 30th of the same year. 7 , 8. HEALTH INSURANCE FOR CHILDREN Husband shall continue to provide health insurance for Noelle Potter so long as she is a full time student and less than 23 years of age, and also for Brittany Potter so long as she is a full time student and less than 23 years of age. Wife shall provide dental insurance for each child as it is available to her after the date of this agreement starting in January 2006. 9. LEGAL FEES Each party agrees to be responsible for her or his own legal fees and expenses. 10. DIVORCE This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available. It is agreed that this Agreement shall not be impaired by any divorce decree that may be granted but shall continue in full force and effect notwithstanding the granting of any such decree. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. At the time of the execution of this agreement, each party shall also sign an Affidavit of Consent and Waiver of Notice ofIntent to Seek a Decree so that the Divorce previously filed by Wife to the docket number indicated in the caption of this agreement may be finalized. The 8 Affidavits and Waivers shall be delivered to Wife's attorney for filing with the Cumberland County Court. Both parties agree that this agreement shall be incorporated into the decree divorcing the parties, but shall not be merged into the decree. If either party must utilize the Court to enforce any provision of this agreement, the prevailing party in any such Court action may recover reasonable attorney fees related to such action from the other party as shall be determined by the Court. 11. MUTUAL RELEASE Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either may have or at any time hereafter have for past, present or future support or maintenance, alimony, 9 , alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 12. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least thiry days after demand therefor) execute any and all written instruments, assignments, 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 effectually the terms of this Agreement. 13. SUCCESSORS' RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 10 , 14. ENTIRE AGREEMENT Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other term, condition, clause or provision of this Agreement. 15. BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until terminated pursuant to the terms of 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. 16. SEPARABILITY 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 from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 11 '\ 17. HEADINGS Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meanings, construction or effect. 18. EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is executed. 19. CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as parties hereto, acknowledge the receipt of a duly executed copy hereof. ~~- GAIL POTTER /( f,r G f) y /'_ to 11 i[IJW ~aJ>,A f3/i: HARRIS ALEXANDER POTTER Witness 12 \ COMMONWEAL TH OF PENNSYL VANIA ) : SS. ) COUNTY OF CUMBERLAND On this, the 2.2- day of ~k.r ,2005, before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared GAIL POTTER and in due form oflaw acknowledged the above Agreement to be her act and deed and desired the same to be recorded as such. NOTARIAL SEAL . SHELLY SEXTON, Notary Public Carlisle Bora, Cumberland County My Commission Expires April 26, 2007 \ COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF DELA WARE ) On this, the ~ \ S+ day of ~ - ,2005, before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Delaware, . personally appeared HARRIS ALEXANDER POTTER and in due form of law acknowledged the above Agreement to be his act and deed and desired the same to be recorded as such. ~e.c~ COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL OANIELLE R. CONNER, Notary Public MedIa Soro.. 0eIaware County Commission . June 28. 2009 13 (') ~ 0 = ~~ c:? II C'" -l 0 ~-r1 C'~ (,1= ---....1 ~\\. :;.- () - ="l,.; . , (C) .,;;.. , f1 . , p ::::::\ "'";;> C' ':~ ,- ... '.\;tf\1\,l ,. ?,1f41:.~'1 ,~ __,,\Vi1(JMMO-' 1,J":';)c;i ! I L, li~". ~f~#.'~\:/\ '!";<~;/;vt( , ~,J,; ~\~~i/\.:: "'f~~i1:<> i:ltd\,~I..,!-:~h.' , f".j :,.8 {::.'~. ";;i;' .'~:'; ,!~:'~:".~~:; ~'~ ~:S~~,~!,!}:!.:~~L:.;f~~~. '~'~1 _ ". ~ GAIL POTTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W HARRIS ALEXANDER POTTER, Defendant : NO. 04-5977 : IN DIVORCE CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEAL TH OF PENNSYL VANIA ) COUNTY OF CUMBERLAND ) AND NOW, this 15th day of December 2004, I, Taylor P. Andrews, Esquire, attorney for Gail Potter, Plaintiff in the above-captioned action, hereby swear that I have served a true copy of the Complaint in Divorce, with Notice to Defend and Claim Rights, executed by the Plaintiff in the above-captioned matter, upon the Defendant at his residence at 1404 Brierwood Road, Havertown, P A 19083, by depositing the same in the U.S. Mail, postage prepaid, certified, deliver to addressee only, return receipt requested. A copy of the return receipt card signed by the Defendant on December 6, 2004, indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof. ANDREWS & JOHNSON By: NOTARIAL SEAL SHELLY SEXTON, Notary Public Carlisle Bora, Cumberland County My Commission Expires April 26. 2007 ./ ~ . Complete items 1, 2, and 3. Also complete item 4 if Restrictel;l Delivery is desired. . Print your name a.nd address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or 0 the front if space permits. 1. Articl Addressed to: Mr. Harris Potter 1404 Brierwood Road Havertown, PA 19083 2. Article Number (Transfer from service PS Form'3811, August 2001 o Agent o Addressee ' C. Date of Delivery .1 - c.N- ~pi- D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type Jjt.Certified Mail o Registered o Insured Mail \ o Express Mail Ii(Return Receipt for Merchandise o C.O.D. 4, Restricted Delivery? (Extra Fee) Yes 7003 1010 0001 1185 1140 102595-02-M-1540 Domestic Return Receipt Exhibit A "-. >'J r-~ 0 = = -n <:J'1 0 ......t -r C) i~fi iTI -1 rn I "-t.J .- ...- '.."'. ~~ - .", (-') ;.;rn '::', ~ j> I=' ~D (.,.., .< ( ( \ , GAIL POTTER Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W HARRIS ALEXANDER POTTER Defendant : NO. 04-5977 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on November 30, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: 9'/d- ~/os- / ' 1\'~5~~- Gail Potter, Plaintiff r-J = s; o (-; --l ~ .;.. ~ --! -r..,... ('elF i~l~' -:::l ~31~ -~ ~ -- j,.... (';) (....;; ----- GAIL POTTER Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW HARRIS ALEXANDER POTTER Defendant : NO. 04-5977 CIVIL TERM : 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! 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. 94904, relating to unsworn falsification to authorities. Date: q/~&/Oj-- / ' ?-:s~ ~~ _ . .-rV ' ~-'" . Gail Potter, Plaintiff (") c::: ,.:;.:.. '" <= = c;.n o C") --; o 11 --I -r m;:::: ~~ ':::::, "1""> 53 -< .... o 4:- R. SCOTT ALDRIDGE, ESQUIRE Attorney 1.0. No. 25678 214 N. Jackson Street Media, pA 19063 (610) 565-0701 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GAIL POTTER NO. 04-5977 Plaintiff vs. HARRIS ALEXANDER POTTER Defendant In Divorce AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 11/30/2004. Service of the Complaint was made on 12/6/2004. 2. The marriage of the plaintiff and defendant is irretrievably broken and ninety 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 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: C) -:~ - 0)- lIa~ tik~ iYi- HARRIS ALEXANDER POTTER ~ = '5? o c-) -1 I J;:'" ~~f o -n -I -:r: "\'1, ~~~ }~ r-n :::\ ;J;'; ::< o w R. SCOTT ALDRIDGE, ESQUIRE Attorney I.D. No. 25678 214 N. Jackson Street Media, pA 19063 (610) 565-0701 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GAIL POTTER NO. 04-5977 Plaintiff vs. HARRIS ALEXANDER POTTER Defendant 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 in 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 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: CJ-d./-7- /i s" ~ t24-a~ Jlft(-. . HARRIS ALEXANDER POTTER Q c~ r-:> e:> S? o c-) __.!t . . ::;:- o -n -4 ........~ i=11 p: :'J.~. :-~\ ,!- '.-, l.) ~0Y~:\ (~~\ ~, C""';:.": - .-!"""' en :~ o ~- --~.............-- Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA GAIL POTTER, v. : CIVIL ACTION - LA W HARRIS ALEXANDER POTTER, Defendant : NO. 04-5977 : IN DIVORCE CIVIL TERM PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) ofthe Divorce Code. 2 Date and manner of service of the complaint: December 6,2004 by restricted, certified mail, return receipt requested. 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff September 26, 2005; by Defendant September 29,2005. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: Date Defendant's Waiver of Notice III S3301(c) Divorce was filed with the Prothonotary: ANDREWS & JOHNSON Date: October -1-, 2005 By: y P. Andrews, Esq. West Pomfret Street Carlisle, PA 17013 (717) 243-0123 Supreme Court ID No. 15641 ------ . r--' c:::> = c.rt C) (.-J, -. \ ~ o ... -\ -r~ f11p:: :~~, . ~_.-n ":~~ c::!, :~:q -- -- o .l:::-- - , ,. . . . , . . . . . . . . . . , .. .. :+: :+::f.:f. :+::+: :+: :+: :+::f.:+::+: . . . . .. . , :+: +:+::+: Of. ;Ii:+::+::+::+::+: +'+' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + + + ++ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Gail Potter STATE OF PENNA. . . . . . . . . . . . . . . . Plaintiff NO. 04-5977 VERSUS Harris Alexander Potter . . . . Defendant . . . . . . . . . . . . . . . . . DECREE IN DIVORCE 0'lV'-- AND NOW, I /. ~ , UO.r-, IT IS ORDERED AND . . . . . . . . . . . . . . . DECREED THAT Gail Potter , PLAI NTI FF, Harris Alexander Potter AND , 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 parties marital settlement agreement dated September 22, 2005 is incorporated herein but not . . . . . . . . . . . . . . . . . . . . . +:+;:+: "" into this decree. By THE URT: /~! J. PROTHONOTARY . . . H .. ... '+':+: '+' '+:,.., Of 'I' +:+: ~~ ~ ~ ~=P ~~ 5(/,. [';. if/ ~Ib Z ~~ -/1) >>-['/.c/ ,. , '"........'. ~ ~ .~ ..,~. .. - ..... '