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HomeMy WebLinkAbout04-6474 "\ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Douglas R. Smith, v. Defendant CIVIL ACTION - LAW NO. 0 r- G. f.J 1 '1 CIVIL TERM IN DIVORCE Denise J. Smith, You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTlON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. . Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. Yau must attend the scheduled conference or hearing. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Douglas R. Smith, v. Defendant CIVIL ACTION - LAW NO. () If . I., V, \.{ CIVIL TERM IN DIVORCE Denise J. Smith, COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Douglas R. Smith, an adult individual, who resides at 343 Bobcat Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Denise J. Smith, an adult individual, who resides at 13005 Mountain Road, Orrstown, Franklin County, Pennsylvania 17244. 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 May 25, 1989 in Lurgan, Franklin 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 in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: (Z/ ZZ-/()~ Mark F. Bayley, Es . 155 S. Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court LD. # 87663 Attorney for Plaintiff , . Douglas R. Smith, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. Defendant CIVIL ACTION - LAW NO. 0 q . l,. Lf 7~ CIVIL TERM IN DIVORCE Denise J. Smith, 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. S4904, relating to unsworn falsification to authorities. Date: J d.. - ~ ) - a ~ t:i)rt.,(J~ Douglas R. Smith, Plaintiff ~ ~~ J ....... ..... ~ ~ " "'<;) C' \'- - .....J -0 c-- C '- c:J , , ~ :) f\} <.:,; f-'.... , , [ , I ("') r-.,) '---I ::;'" f"I...,..") " ' :.1 , . ,() ,; :/ J {I'; -,o) ~ , /-/ . '.\ Tli" () '/. (, </7'1 MARITAL SEP ARA nON AGREEMENT THIS AGREEMENT, entered into on the specified date below, by and between Douglas Smith, (hereinafter referred to as "HUSBAND") and Denise Smith, (hereinafter referred to as "WIFE"). WIlNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on May 25, 1989; and WHEREAS, diverse, unhappy differences, disputes and difficuhies have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto 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 ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and 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, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimOnial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity, as he or she may deem , advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. . 4. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 5. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all ofhis or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature fur which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all of the above infurmation from the other party. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of both parties during the marriage. 7. DEBTS AND LIABILITIES: It is further mutually agreed by and between the parties that WIFE will be responsible for the following debts, liabilities, contracts and payments relating to the same: a. Mortgage, tax, insurance and all other upkeep expenses regarding the marital residence at 13005 Mountain Road, Orrstown, Pennsylvania. The parties agree that WIFE will transfer all mortgages and other contracts regarding the above residence out of , . HUSBAND's name as soon as possible. HUSBAND will then sign the deed or title to the residence over to WIFE. b. Payments and all other expenses regarding the Kia. The parties agree that WIFE will transfer all loans and liabilities regarding the Kia out of HUSBAND's name as soon as possible. HUSBAND will then sign the title to the Kia over to WIFE. '1'1 0uJ :1'. L't"7 00 ~, {hyvu, ((.en &roe red hf'W\cL1IlLCuw'\t- ilLU'YlW Cl<3 4 ~~Ok J ill ~:b~J~ r1' ) 8. CASH ASSETS AND OtHER ASSETS: The Parties have previously separated ~ v ((h\f;.I~, cash assets and other assets not otherwise mentioned by this Agreement to their satisfactioni i,U, ,I :~[ \ ( i'\'ItA.C"L 1,1'r1l,Y prAVI)\b1f 9. PERSONAL PROPERTY: 'I~ a.(" . re~ ~\'k'. a. WIFE will assume full ownership of the marital residence located at 13005 Mountain Road, Qrrstown, Pennsylvania. b. WIFE will assume full ownership of the Kia c. The Parties have previously separated all personal property not mentioned by this agreement to their satisfaction, The respective Party currently possessing personal property not mentioned by this Agreement at the time this Agreement is executed will assume full ownership of said property. 10. SUPPORT AND ALIMONY: Both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. 11. INSURANCE FOR CHILDREN: The parties agree that HUSBAND will provide health insurance for the parties' two (2) children until they are out of High School as long as he is employed with Conway Central Express. The parties agree that WIFE will pay for any and all medical expenses for the parties' two (2) children that do not exceed $300.00 per calendar year and are not reimbursed by HUSBAND's insurance through Conway Central Express. The parties agree to split all medical expenses for the parties two (2) children that are not reimbursed by HUSBAND's insurance through Conway Central Express in excess of . $300.00 per,calt;ndar year.,--rl>.;2 rf\Q'! be.n'\~d:;td #lrw.AA ~l.tiL Ik (cJim~ t9V <tiktr{lA~ tv IIc'- th>> glAlcW.(UW, pCfffllt, IW.wu:r,#tJ~ "11'10 way (Jej,((llna-le~ or of4:c.1s -Ifu. ~hi{ Su..OPoft 12. RETIREMENT ACCOUNTS Ol:>ll~(,jl(f) u..ved i;Jy Hv..~IoW1ci -fp LU, ';6J:'I' J>-!. a. HUSBAND will assume full ownership of his Pension plan and/or 40lK accounts. b. WIFE will assume full ownership of any and all retirement or investment accounts that were earned through her employment. 13. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, 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 resuh of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's 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, and each wil~ at the request ofthe 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. Additionally, each party waives and relinquishes any and all rights to share in any estate inheritances or bequests the other may receive and/or be entitled to. 14. INCOME TAX RETURNS: All future income tax returns will he filed separately and the parties will each retain any refund due to them. 15. DIVORCE: HUSBAND and WIFE agree to voluntarily execute all necessary documents to finalize a divorce. Documents necessary to finalize the divorce will be signed and returned by both parties within fifteen (IS) days after this agreement is fully executed. 16. BREACH: In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 17. ADDITIONAL INSTSRUMENTS: Each of the parties shall from time to time, at the request ofthe 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 ofthis agreement. 18. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect are fully understood by both parties. HUSBAND'S legal counsel is Mark F. Bayley, Esquire. WIFE'S legal counsel is I1~ Ik;..ctJayQ&l', ~uire. Mwti (.(,L 1Uu. 'VVJ);( 19. 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. . '. 20. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 21. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 22. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged into the Decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 23. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 24. MARITAL DEBT: Each party hereby confIrms they have not incurred any additional debt since their separation that has in any way obligated the other party. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. 25. EQUITABLE DISTRIBUTION: It is specifIcally understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (p.L. No. 63, No. 26), known as "The Divorce Code," 23 P.S, 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 26. SUMMARY OF EFFECT OF AGREEMENT: It is specifIcally understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 27. RECONCILIATION: The parties shall only effectuate a legal reconciliation , . which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this Agreement or cause any new marital rights or obligations to accrue. 28. 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 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 exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 29. NO WAIVER OF DEFAULT: This agreement shall remain 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 Agreement 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 similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 30. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 31. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 32. NOTICES: Any and all notice given hereunder shall be in writing and shall be sent registered mail, return receipt requested: a. To Husband in care of Mark F. Bayley, Esquire at 155 S. Hanover Street, Carlisle, PA 17013. To Wife in care of~ &. A3!1tleiallls at 2QQ ~I'tll HIIft6 .er Street~...r:' Carlisle, PA 17013. d,l., Ptuwe., iL,t'ld\.Wj 21. W l-hgh 1fJ// rIJ..g b. , 33. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the tenus hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 34. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 35. parties, This agreement shall become effective immediately upon its execution by both IN WITNESS WHEREOF, the parties have herewrto set their hands and seals on the date indicated below, WITNESSES: -LfW-? '.~gJ 11lrk rPyfdP .-L4 Douglas Smith ~/~/~ Date ~~..,e'~ Denise . .;:L.~-~e:>o<:p Date COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND PERSONAk~ r APPE~W ME, a notary public for Cumberland County Pennsylvania, this ~ day of , 2005, Douglas Smith, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that he executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA I NoIariaI Seal Tammie L Pefsrs Notary Public Soulh Mddlelon Twp" ~Ccunty My ComrnIssion Expires Sept 9 2007 M . ember, PeMSVlVJnl8 Assoclafton Of Notaries V\04wi ~jJ)k ~~ o "" <= '.;.,1 <.:.', o -n s:J.." n'r- -'rim ~ij f:-:J ;~,'r ;~~,~ ? ~l~'i ~j -! ;,,~ ::.< c. c.: :.....: 1..0 -." f":? r1 "'" DOUGLAS R. SMITH, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, DENISE J. SMITH, DEFENDANT CIVIL ACTION - LAW NO. 04 - 6474 CIVIL IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1, Grounds for divorce: irretrievable breakdown under ~ 3301(c) of the Divorce Code, 2, Date and manner of service of the Complaint: December 27, 2004 was served on Defendant by First Class Mail, Certified, and an Acceptance of Service was signed on December 28, 2004 by Defendant's attorney, 3, Date of execution of the affidavit of consent required by ~ 3301(c) or The Divorce Code: by the Plaintiff June 7, 2006; by the Defendant June 7, 2006, 4, Related claims pending: None 5, (b) Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: on June 15, 2006; Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: on June 15, 2006; a copy of which is attached, ((;r t C;-C(, Date: Mark F, Bayley, Esquire 64 South Pitt Street Carlisle, PA 17013 717) 243-6090 Supreme Court LD, # 87663 Attorney for Plaintiff o c ~ l, ,",,' = t;:::;:; "'" '- s ~ o -n ~-n nlp -Ol::q -fJ{-;--' '~~C) <~} i~ <-rn S ~ :< \.0 -n -" r:? o DOUGLAS R SMITH, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DENISE J, SMITH, DEFENDANT CIVIL ACTION - LAW NO. 04 - 6474 IN DIVORCE CIVIL AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on December 27,2004, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3, I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S, ~904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. b-7-o G Date ~~::~ ;3;1(~ o s:.~~ ~/ , ...., C, t;.:;.;:> "'" '- ~7: .......- o .., .-1 ::r: fl1 :!J r -om ~,~]o ~:::{{~J lD ~ , " j~J ,0 :~'5rn ~ ?E -< N o DOUGLAS R. SMITH, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, DENISE J, SMITH, DEFENDANT CIVIL ACTION - LAW NO. 04 - 6474 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on December 27,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint 3, I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF18 Pa,C.S. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. /Z-07-oC Date ~~~~ - Denise J.~ . r-' = ~ '- ,.::: ;~:: - -.0 -0 Q. .-1 :I;:-n f11 r:: :08 .OJ ; ~=J,C) '":~': -:r \ -L-\1 i~~}~ ~ 'Y? ~ -' - ~ o - DOUGLAS R. SMITH, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, DENISE J. SMITH, DEFENDANT CIVIL ACTION - LAW NO. 04 - 6474 IN DIVORCE CIVIL WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1, I consent to the entry of a final Decree of Divorce without notice, 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C,S, ~904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES, c- 7- 06 Date rIY/?hf:J. Douglas R. Smith .-..> g "" (- s; ....~- o -n .-1 ::L-r. f11~ -OfT. ~-''1CJ r.'') ,l.~ ~~L.. />~~~:, -,~: {,:'rl ,'-) ==< ~5 ~ 0..0 -" .....;.,,. r:? C1 DOUGLAS R SMITH, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. DENISE J, SMITH, DEFENDANT CIVIL ACTION - LAW NO. 04 - 6474 IN DIVORCE CIVIL WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1, I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 3, I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF18 Pa,C,S, 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES, /7~-~7-b& -Date ~~~ ~~-- Denise J, S ' ., ,...., co:> ~::> Q"' (~ ( "., -' ....:;,- - ..0 -a -- -~ n 1"' :e.-n f'llf:: "'Iff'. >,y (1CJ ~\}~S ~,,~f>1 ':;:.:!\ -,- ~ ~ C) - Douglas R. Smith, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant CIVIL ACTION - LAW NO. 04 - 6474 CIVIL TERM IN DIVORCE Denise J. Smith, ACCEPTANCE OF SERVICE I hereby accept service of the Divorce Complaint on behalf of the Defendant, Denise Smith, in the above-captioned action and I certify that I am authorized to do so, };2-/} F' -6 C( Date BY: ~. ~~. nan C. Bornman, EsqUire r'~ c-::? ,_.;) <:;."t' ,- I'"': - cD S~?l .-1 -:L-n hip ;~"~' -." -,- ;\};c.;; -";;I\'T': ';:~ ::0 ..-; -0 -.... r:-? o IN THE COURT OF COMMON PLEAS . . OF CUMBERLAND COUNTY PENNA. STATE OF . Douglas R. Smith P1ai'1tiff . VERSUS Denise J. Smith . Defendant . . . . . AND NOW, . DECREED THAT . AND . . No. 6474 04 . . . . DECREE IN DIVORCE . . J toll) '- 2.1 , 2.:50 b, IT IS ORDERED AN D Douqlas R. Smith , PLAINTIFF, . Denise J. Smith , 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; . . None. The Marital Settlement ~greement is incorporated . but not merged with the D;vor~p np~rpp . . . . . . . . . . . . . . ATT T: J, (!IP~~- r' ~PROTHONOTARY . . (vw.. - .."f 1"1"""" ~ - ' ~ p -g. fit1- ~ @y.~ JII ? I"f" J./Q I'V @' L e 'I - ~ . ~, . ,. .. ,. . -. ' " .', !'\) " -, ~.~. , .