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HomeMy WebLinkAbout05-0990 " , , ATHY S. WATERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. TTHEW E. WATERS, Defendant CIVIL ACTION NO. OS- 910 IN DIVORCE NOT ICE T 0 D E FEN D You have been sued in court. If you wish to defend against the laims set forth in the following pages, you must take prompt ction. You are warned that if you fail to do so, the case may roceed without you and a decree of divorce or annulment may be ntered against you by the court. A judgment may also be entered gainst you for any other claim or relief requested in these papers y the Plaintiff. You may lose money or property or other rights 'mportant to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable reakdown of the marriage, you may request marriage counseling. A ist of marriage counselors is available in the Office of the rothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, OU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 'I CATHY S. WATERS, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. TTHEW E. WATERS, Defendant CIVIL ACTION NO. IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list f qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 II ATHY S. WATERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. TTHEW E. WATERS, Defendant CIVIL ACTION NO. IN DIVORCE CONSOLIDATED COMPLAINT IN DIVORCE Plaintiff is Cathy S. Waters, a citizen of Pennsylvania, with mailing address of P.O. Box 928, Carlisle, Cumberland County, ennsylvania. Defendant is Matthew E. Waters, a citizen of Pennsylvania, esiding at 571 North Locust Point Road, Mechanicsburg, Cumberland ounty, Pennsylvania. Plaintiff and Defendant are sui iuris and have been bonafide esidents of the Commonwealth of Pennsylvania for at least six onths immediately preceding the filing of this Complaint. The parties are husband and wife and were lawfully married on 21, 1981, in Pennsylvania. The marriage is irretrievably broken. Neither Plaintiff nor Defendant are in the military or naval ervice of the united States or its allies within the provisions of he Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 nd its amendments. There has been no prior action for divorce or annulment 'nstituted by either of the parties in this or any other 'urisdiction. 'I , 8. The Plaintiff has been advised of the the availabili ty of Court require the counseling 'parties to and of the right to request participate in counseling. that COUNT I Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein y reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing f this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. Plaintiff has been advised of the availability of counseling and that plaintiff and Defendant have the right to request the Court o require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after inety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of ivorce, pursuant to 3301(c) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein y reference thereto. 14. The marriage of the parties is irretrievably broken. II 15. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file her affidavit of having lived separate and apart. 16. Plaintiff has been advised of the availability of counseling nd that Plaintiff and Defendant have the right to request the Court o require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed her affidavit, Plaintiff espectfully requests the Court to enter a Decree of Divorce, ursuant to 330l(d) of the Divorce Code. COUNT III Request for Equitable Distribution of Marital Property Under 3104, 3323, 3501, 3502 and 3503 of the Divorce Code 17. The prior paragraphs of this Complaint are incorporated herein y reference thereto. Plaintiff and Defendant have acquired property, both real and ersonal during their marriage from the date of said marriage until he date of their separation. 19. Plaintiff and Defendant have been unable to agree as to an quitable distribution of said property. WHEREFORE, Plaintiff respectfully quitably distribute the marital property o 3104 and 3502(a) of the Divorce Code. requests the Court to of the parties, pursuant II COUNT IV Request for Alimony Pendente Lite and Alimony under 3104, 3323, 3701, 3702 and 3704 of the Divorce Code 20. The prior paragraphs of this Complaint are incorporated herein y reference thereto. 1. Plaintiff is unable to sustain herself during the course of litigation. 22. Plaintiff lacks sufficient property to reasonable needs and is unable to sustain appropriate employment. provide herself for her through 23. Defendant has the means and ability to pay Alimony Pendente ite and Alimony to Plaintiff. WHEREFORE, Plaintiff requests the Court to enter an award of limony pendente lite until final hearing and thereupon to enter an rder of alimony in her favor. COUNT V Request for Counsel Fees, Costs and Expenses Under 3104, 3323, 3502(e) and 3702 of the Divorce Code 24. The prior paragraphs of this Complaint are incorporated herein y reference thereto. Plaintiff has employed Karen L. Cummings, of the law firm of issinger and Dissinger to represent her in this matrimonial cause. 26. Plaintiff is unable to pay the necessary counsel fees, costs, and expenses and Defendant is more than able to pay them. II WHEREFORE, reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to final hearing, plaintiff requests that, after final hearing, the Court order efendant to pay Plaintiff's reasonable counsel fees, costs and xpenses. Respectfully submitted, DISSINGER and DISSINGER .J Cummings At orney for Plaintiff Supreme Court 1D # 85556 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 II VERIFICATION I, Cathy S. Waters, verify that the statements made in the Divorce 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. J tMuJ S. Waters, Plaintiff ~ ~ o c- ~) (') " ~. ts -W. ~ \~9 ~\'6~ ~ ~--::;, ~"'- !-v ., 5! '>..... " ~ .3.' :'J \A @ t-,~ , \ "-I --('- <.~_. \, .' . .' {'..... , ,1\ \",) (,.., c.) I' .., , ATHY S. WATERS, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. TTHEW E. WATERS, Defendant CIVIL ACTION No.05- 910 IN DIVORCE NOT ICE T 0 D E FEN D You have been sued in court. If you wish to defend against the laims set forth in the following pages, you must take prompt You are warned that if you fail to do so, the case may without you and a decree of divorce or annulment may be against you by the court. A judgment may also be entered you for any other claim or relief requested in these papers y 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 reakdown of the marriage, you may request marriage counseling. A ist of marriage counselors is available in the Office of the rothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, OU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FFICE SET FORTH BELOW' TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 II CATHY S. WATERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. TTHEW E. WATERS, Defendant CIVIL ACTION NO. IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability f counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 II ATHY S. WATERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. TTHEW E. WATERS, Defendant CIVIL ACTION NO. OS", '1Qo IN DIVORCE CONSOLIDATED COMPLAINT IN DIVORCE Plaintiff is Cathy S. Waters, a mailing address of P.O. Box 928, ennsylvania. citizen of Pennsylvania, with Carlisle, Cumberland County, Defendant is Matthew E. Waters, a citizen of Pennsylvania, esiding at 571 North Locust Point Road, Mechanicsburg, Cumberland ounty, Pennsylvania. Plaintiff and Defendant are sui juris and have been bonafide esidents of the Commonwealth of Pennsylvania for at least six onths immediately preceding the filing of this Complaint. The parties are husband and wife and were lawfully married on ebruary 21, 1981, in Pennsylvania. The marriage is irretrievably broken. Neither Plaintiff nor Defendant are in the military or naval ervice of the United States or its allies within the provisions of he Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 nd its amendments. There has been no prior action for divorce or annulment 'nstituted by either of the parties in this or any other 'urisdiction. II 8. The counseling arties to Plaintiff has been advised and of the right to request participate in counseling. of that the the availabili ty Court require of the COUNT I Request for Divorce Due to Irretrievable Breakdown Under 330l(c) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein y reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing f this Complaint, Plaintiff intends to file an affidavit consenting a divorce. Plaintiff believes that Defendant may also file such affidavit . Plaintiff has been advised of the availability of counseling that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after inety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of ivorce, pursuant to 3301(c) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 330l(d) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein y reference thereto. 14. The marriage of the parties is irretrievably broken. II 15. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file her affidavit of having lived separate and apart. 16. Plaintiff has been advised of the availability of counseling nd that Plaintiff and Defendant have the right to request the Court o require the parties to participate in such counseling. WHEREFORE, if two (2) separation and Plaintiff espectfully requests the ursuant to 3301(d) of the years have elapsed from the date of has filed her affidavit, Plaintiff Court to enter a Decree of Divorce, Divorce Code. COUNT III Request for Equitable Distribution of Marital Property Under 3104, 3323, 3501, 3502 and 3503 of the Divorce Code 17. The prior paragraphs of this Complaint are incorporated herein y reference thereto. Plaintiff and Defendant have acquired property, both real and ersonal during their marriage from the date of said marriage until he date of their separation. 19. Plaintiff and Defendant have been unable to agree as to an quitable distribution of said property. WHEREFORE, Plaintiff respectfully quitably distribute the marital property o 3104 and 3502(a) of the Divorce Code. requests the Court to of the parties, pursuant " COUNT IV Request for Alimony Pendente Lite and Alimony under 3104, 3323, 3701, 3702 and 3704 of the Divorce Code 20. The prior paragraphs of this Complaint are incorporated herein y reference thereto. 21. Plaintiff is unable to sustain herself during the course of litigation. 22. Plaintiff lacks sufficient property to reasonable needs and is unable to sustain ppropriate employment. provide herself for her through Defendant has the means and ability to pay Alimony Pendente ite and Alimony to Plaintiff. WHEREFORE, Plaintiff requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an rder of alimony in her favor. COUNT V Request for Counsel Fees, Costs and Expenses Under 3104, 3323, 3502(e) and 3702 of the Divorce Code 24. The prior paragraphs of this Complaint are incorporated herein y reference thereto. Plaintiff has employed Karen L. Cummings, of the law firm of issinger and Dissinger to represent her in this matrimonial cause. 26. Plaintiff is unable to pay the necessary counsel fees, costs, and expenses and Defendant is more than able to pay them. II WHEREFORE, reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to final hearing, Plaintiff requests that, aft.er final hearing, the Court order efendant to pay Plaintiff I s reasonable counsel fees, costs and expenses. Respectfully submitted, DISSINGER and DISSINGER \~~ At orney for Plaintiff Supreme Court ID # 85556 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 of II VERIFICATION I, Cathy S. Waters, verify that the statements made in the Divorce 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. J ctiw:J S. Waters, Plaintiff ~ ,.-.. ~ o c- ~) (::> ~ ~. ~ -W ~ \~ c:$' '{j. '3 ~ ~ ~--:::, ~""- =t-0 ~ ~ ? " :- ~ ~~. ~ @ ,'-" > (, ...;\ :-,1 .> ""n \ ' ',....\ ," \ >: r .... (",) --- . II I CATHY S. WATERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. MATTHEW E. WATERS, Defendant CIVIL ACTION qClc) NO. 'c){fl5- CO '1 IN DIVORCE AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF PERRY Karen L. Cummings, attorney for Plaintiff, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, a true and correct copy of the Divorce Complaint in this action to the Defendant at his residence, and that Defendant did receive same as evidenced by the signed receipt dated, February 26, 2005 attached hereto as Exhibit "A". t~.,.~ ' i.-I'::::''::} // it{.,. C:>!- - ry, I /, /1 a en L. Cumm ngs ,- Attorney for Plaintiff Supreme Court ID #85556 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 ! Y' , - l Sworn to and subscribed before me this 10'" day of March, 2005. 'ilh~ it A. _-A'Lv1f,lcl t Notary Public _'l!tl'" .ft__~-.r.~ NOTt'\RL~J~ C~ . LEIGH ANN SN'fDER, Noif!!Y Public Ma""""" B '.-, p,~. C~.,,,,,, i lJ'.;1~a,t' \.;:,"'~, ~h'~ '~;"...i"l ,... Cc.~n"""on ,"..",,,,, "'" ,'" """~ ml .'.'I;:-"~. !.:,A;J:I1~,-,j !\1<:'.1 h.i, 'lJ;J~ '_,'-''1.o:.:;.;o.~,.::~,- - Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. o Agent o Addressee B. D. 1 Article Addressed to: I\hc~4+-k.c<A..' C lA)C<.;,.f, ,<; ,J'I rJ,di, L ct'u,i PL"" f KajJ fUed<t',.""..1t'~'.r PA nO':', 3. Service Type r)ZI Certified Mail o Registered o Insured Mail /.,/t')",I ,10:;'/ r Merchandise 4. Restricted Delivery? (Extra Fee) ~ Yes 2. Article Number (Transfer from service label) . PS Form 3811, August 2001 7004 2510 0000 3345 3676 Domestic Return Receipt 102595-02-M.1540 EXHIBIT "A" .\ \ { ~"'~' ~'" CATHY S. WATERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. MATTHEW E. WATERS, Defendant CIVIL ACTION NO. 05-990 IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A Complaint in divorce under ~ 3301(c) of the Divorce Cod was filed on February 25, 2005 and served on February 26, 2005. 2. The marriage of Plaintiff and Defendant is irretrievabl broken and ninety (90) days have elapsed from the date of filin and service of the Complaint. 3. I consent to the entry of a final decree in divorce withou notice. 4. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property, division of property 0 lawyer fees and expenses if I do not claim them before a divorc is granted. 5. I understand that I will not be divorced until a Divorc 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. 6. Plaintiff's and Defendant's Waiver of Notice in ~3301(c) Divorce are being filed with the Prothonotary as a part of thei respective consent documents. I verify that the statements made in this affidavit are tru and correct. I understand that false statements herein are mad subject to the penalties of 18 Pa. C.S. ~4904 relating to unswor falsification to authorities. Date: {p- I -~<;' ("') c S -olT"J iTl((l z-' z~ U~-,,_. ~f. ~c zCJ >c ~ ~ = ..,., c... c::: :z: 1 e".) ~ ~~ -O~ ~ :t!::rl Qo tsm 3S -< ..., :JC. N .. .c- O' rl CATHY S. WATERS, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. MATTHEW E. WATERS, Defendant CIVIL ACTION NO. 05-990 IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A Complaint in divorce under ~ 3301(c) of the Divorce Cod was filed on February 25, 2005 and served on February 26, 2005. 3. I consent to the entry of a final decree in divorce wi thou notice. 2. The marriage of Plaintiff and Defendant is irretrievabl broken and ninety (90) days have elapsed from the date of filin and service of the Complaint. 4. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property, division of property 0 lawyer fees and expenses if I do not claim them before a divorc is granted. 5. I understand that I will not be divorced until a Divorc 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. 6. Plaintiff's and Defendant's Waiver of Notice in ~3301 (c) Divorce are being filed with the Prothonotary as a part of thei respective consent documents. I verify that the statements made in this affidavit are tru and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unswor falsification to authorities. Date: c:'o -/ - oS (") "" ~ <::> C = :;:;- <:.n dJi.13 <- ~:I! pi c:: Z~'Ll Z :B~ Zl I ~,,\, W bl ~e ::?~ $~- ." ?5:n Zl . :x . C) -cS ~rn >c: ~ ~ ~ .r:- ~ cr> i7 II MARRIAGE SETTLEMENT AGREEMENT !) ',I 1! II /)l v _ ;1 ' AGREEMENT made this -iL day of .IV (JUtA,J\ 2005, by an '-./ between MATTHEW E. WATERS ("Husband"), of Mechanicsburg, Cumberlan County, Pennsylvania and CATHY S. WATERS ("Wife") of Carlisle, Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, diverse unhappy differences, disputes and difficultie have arisen between the parties and as a result they have live separate and apart since April 1, 2004. A proceeding for the divorc of the parties has been filed by Wife in the Court of Common plea of Cumberland County on February 25, 2005, No.05-990. It is th intention of Wife and Husband to live separate and apart for th rest of their natural lives, and the parties hereto are desirous 0 settling fully and finally their respective financial and propert rights and obligations as between each other including withou limitation by specification: the settling of all matters betwee them relating to the ownership and equitable distribution of rea and personal property; the settling of all matters between the relating to the past, present and future support, alimony pendent lite, alimony and/or maintenance of Wife by Husband and of Husban by Wife; the settling of all matters between them relating to th past, present and future support and/or maintenance of their child; the implementation of custody/visitation arrangements for thei minor child and possible claims by one against the other and agains their respective estates. " NOW THEREFORE, in consideration of the above recitals and th i mutual promises, covenants and undertakings hereinafter set fort and for other good and valuable consideration, receipt an sufficiency of which is hereby acknowledged by each of the partie hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar th right of Wife or Husband to a limited or absolute divorce on lawfu grounds if such grounds now exist or shall hereafter exist or t such defense as may be available to either party. This Agreement i not intended to condone and shall not be deemed to be a condonatio on the part of either party hereto of any act or acts on the part 0 the other party which have occasioned the disputes or unhapp differences which have occurred prior to or which may subsequent to the date hereof. Wife filed a mutual consent, no-fault divorce pursuant to th terms of Section 33Dl(c) of the Divorce Code of the Commonwealth 0 Pennsylvania, and this Agreement is contingent upon the Wif proceeding with said divorce, and Husband filing his Affidavit 0 Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree thereto upon the expiration of the waiting period. Said Affidavit and Waiver shall be promptly transmitted to counsel for Wife who will file a Praecipe to Transmit Record to precipitat the entry of a decree of divorce upon final settlement under th terms of this Agreement, more specifically, after the sale 0 appraisal of the marital residence pursuant to paragraph nine (9) of this Agreement. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provide herein, this Agreement shall continue in full force and effect afte 'I such time as a final decree in divorce may be entered with respec to the parties. 3 . INCORPORATION OF AGREEMENT IN DIVORCE DECREE The purposes of this Agreement are to effect a complete an final settlement, with reference to each party of: a. All of the respective property and property rights of th parties, b. The obligation of each party for the support of the mino child of the marriage, c. The custody of the minor child of this marriage, d. The obligation of each party for the support of eac other, and the parties agree that the terms of thi Agreement shall be incorporated but not merged into an final divorce decree which may be entered with respect t them. 4. AGREEMENT NOT TO BE MERGED This Agreement shall be incorporated into the final decree 0 divorce of the parties hereto for purposes of enforcement only, bu otherwise shall not be merged into said decree. The parties shal have the right to enforce this Agreement under the Divorce Code 0 1980, as amended, and in addition, shall retain any remedies in la or in equity under this Agreement as an independent contract. Suc remedies in law or equity are specifically not waived or released. 5. 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 II Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE The transfer of property, funds and/or documents provided fo herein shall only take place on the "distribution date" which shal be defined as the date of execution of this Agreement unles otherwise specified herein. However, the support payments, if any, provided for in this Agreement shall take effect as set forth i this Agreement. 7. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantia accuracy of the financial disclosure of the other as an inducemen to the execution of this Agreement. 8. ADVICE OF COUNSEL The provisions of the Agreement and their legal effect hav been fully explained to Wife by her counsel, Karen L. Cummings, Esquire. Husband acknowledges that he has the right to choos counsel of his own for a full explanation as to the effect of th provisions of this Agreement and he has elected not to do so. By signing this document without counsel, Husband acknowledge that he will be bound by the legal rights and obligations set fort herein. Husband acknowledges and accepts that this Agreement is, i the circumstances, fair and equitable and that it is being entere into freely and voluntarily, after having chosen not to seek advic of counsel, and he acknowledges that execution of this Agreement i not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement 0 agreements. In addition, each party hereto acknowledges that, under the pennsylvania Divorce Code of 1980,23 P.S. Section 101 et. seo., the II Court has the right and duty to determine all marital rights of th parties including divorce, alimony, alimony pendente lite, equitabl distribution of all marital property or property owned or possesse individually by the other, counsel fees and costs of litigation and, fully knowing the same, being fully advised of his or her right thereunder, each party still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein ar fair, just and equitable to each of the parties, and waives his 0 her respective right to have the Court of Common Pleas of Cumberlan County, or any other Court of competent jurisdiction, make an determination or order affecting the respective parties' rights t a divorce, alimony, alimony pendente lite, equitable distribution 0 all marital property, counsel fees and costs of litigation, or an other rights arising from the parties' marriage. 9 . REAL ESTATE The parties are owners in fee of the marital residence locate at 571 North Locust Point Road, Mechanicsburg, Pennsylvania. parties hereby agree that Husband will retain the marital residenc and continue to make all mortgage payments on the property for period not to exceed one year from the date of execution of thi Agreement. Prior to the expiration of one year from thp execution of thi Agreement, Husband must decide to either list the property for sal or have the property appraised in order to buyout Wife's interes in the property. If the home is to be sold, the following conditions shall apply: a. Husband shall choose a realtor, after consulting wit Wife, and the home shall be listed on or before on year after the date of execution of this Agreement. " b. The parties shall agree on a 1 isting price afte consultation with the realtor. c. The proceeds from the sale of the home shall b divided equally between the parties, except, however, Husband shall be reimbursed for the costs of majo improvements that he paid for in order to get th home ready for sale. d. Husband shall keep records and receipts for all majo improvements in order to calculate the amount fo which he is entitled to be reimbursed for. If Husband decides to retain the home and buyout Wife' interest, the following conditions shall apply: a. Husband and Wife shall each choose an appraiser. b. The value of the home shall be determined by using the average of the two appraisals. c. Wife shall be entitled to inspect the property prio to the appraisal. d. Wife shall be entitled to be present during th appraiser's inspection of the home. e. Husband shall pay for the appraisal. f. Prior to the appraisal, Husband shall maintain th home so as not to cause any decrease in the value 0 the home prior to the time of settlemen for the buyout. 'I g. The balance on the mortgage at the time of the bui out settlement date shall be subtracted from th appraised value and Husband shall pay Wife one-hal of the equity in the home. h. Upon receipt of her portion of the equity in th home, Wife shall execute a deed transferring he ownership interest to Husband. Husband shall assum the cost of preparing the deed and recording it wit the county. i. Prior to settlement on the buyout, Husband shal refinance the mortgage in his sole name. Wife shal sign any documents required to accomplish this. If Husband defaults on the mortgage prior to following throug on one of the aforementioned alternatives, Wife shall have th option of either taking possession of the home and assuming th mortgage or the home shall be placed for sale. The proceeds of th sale shall be divided equally with Wife receiving a credit for an mortgage payments that she made and Husband receiving a credit fo any major improvements that he paid for. Husband must provide proo of those costs. Once the home has been sold or appraised and Wife has been pai for her portion of the equity in the home, Wife shall arrange fo her counsel to file with the court a Praecipe to Transmit the Recor and any other documents necessary to secure a final decree i divorce. 10. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they hav previously divided their tangible personal property including, bu without limitation, jewelry, clothes, furniture, furnishings, rugs, " Ii I carpets, household equipment and appliances, pictures, books, work of art and other personal property and hereafter Wife agrees tha all of property in the possession of Husband shall be the sole an separate property of Husband, and Husband agrees that all of th property in the possession of Wife shall be the sole and separat property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she ma have with respect to the above items which shall become the sole an separate property of each other. 11. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of th parties, they agree as follows: a. sole and exclusiv The 2002 Nissan shall become the property of Husband, subject to encumbrances. liens its an b. The 2002 Subaru shall become the sole and exclusiv property of Wife, subject to its liens and encumbrances. The titles to the said motor vehicles shall be executed by th parties, if appropriate for effecting transfer as herein provided, as near as possible to the date of execution of this Agreement an said executed titles shall be delivered to the proper partie thereafter. Both parties shall cooperate in arranging a date an place to transfer title. 12. GAS RIGHTS The parties acknowledge that Wife inherited property in Bedfor County and the gas rights thereto. A gas and oil lease exist between the parties and Cabot Oil & Gas Corporation. The lease ha been assigned to the pennsylvania General Energy Company, While Wife was the sole beneficiary of this property, for unknow reasons, Husband was placed on the lease by Cabot Oil & Gas. 'l Husband agrees to waive any rights he may have in regard to thJ property and gas and oil lease. Husband agrees to cooperate an sign any documents necessary to remove his name from the gas and oi lease. The parties agree that Wife shall be entitled to any futur benefits that inure by virtue of the existing gas and oil lease. 13. PERSONAL INJURY SETTLEMENT The parties acknowledge that a personal injury suit was file by both parties against York Tennis and Sports, Inc. A settlemen has been reached in the amount of $66,916.25. After payment 0 counsel fees, costs and subrogation claims, a net amount 0 $37,296.58 is due to the parties which is being held in an escro account by Attorney Donald Reihart. Wife agrees to waive an interest she has in these proceeds and relinquish those funds t Husband. Upon execution of this Agreement, Wife shall cause he attorney to notify Attorney Reihart that the proceeds may b released from escrow to Husband. Wife shall cooperate in signin the funds over to Husband. 14. RETIREMENTS Each party waives any claim they may have to the pension, retirement and/or profit sharing plan or retirement benefits of other. Husband acknowledges that Wife has a pension through County of Cumberland and Husband specifically relinquishes any clai he may have to that pension fund. 15. CASH SETTLEMENT In exchange for the mutual promises and covenants containe herein, Husband agrees to pay Wife a sum of $10,000.00 as soon a possible after the execution of this Agreement, but no later tha one week from the date on which he receives the proceeds from th aforementioned personal injury suit. 16. LIABILITIES ASSUMED BY WIFE II Wife shall assume individual responsibility for the visa credi card, the Boscov's credit card and the Bonton credit card. Wife wil hereafter assume and retire the full amount of each respective deb due and owing as of the date of execution hereof, and shal indemnify and hold Husband and his property harmless from any an all liability with respect to the debts hereby assumed by Wife. 17. LIABILITIES ASSUMED BY HUSBAND Husband shall assume individual responsibility for the MBN credit card, the Discover credit card and the Chase credit card. Husband will hereafter assume and retire the full amount of eac respective debt due and owing as of the date of execution hereof, and shall indemnify and hold Wife and her property harmless from an and all liability with respect to the debts hereby assumed b Husband. 18. ASSUMPTION OF ENCUMBRANCES Unless otherwise provided herein, each party hereby assumes th debts, encumbrances, taxes and liens on all the property each wil hold subsequent to the date of this Agreement, and each party agree to indemnify and hold harmless the other party and his or he property from any claim or liability that the other party wil suffer or may be required to pay because of such debts, encumbrance or liens. Each party in possession of property to be awarded to th other warrants that all dues, fees, assessments, mortgages, taxes, insurance payments and the like attendant to such property ar current, or if not current, notice of any arrearages or deficienc has been given to the receiving party prior to the execution of thi Agreement. 19. LIABILITY NOT LISTED Each party represents and warrants to the other that he or sh has not incurred any debt, obligation, or other liability, othe than those described in this Agreement, for which the party is 0 may be liable. A liability not disclosed in this Agreement will b 'I the sole responsibility of the party who has incurred or ma hereafter incur it, and each party agrees to pay it as the sam shall become due, and to indemnify and hold the other party and hi or her property harmless from any and all such debts, obligation and liabilities. 20. INDEMNIFICATION OF WIFE If any claim, action or proceeding is hereafter initiate seeking to hold Wife liable for the debts or obligations assumed b Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether 0 not well-founded, and indemnify her and her property against an damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connectio therewith. 21. INDEMNIFICATION OF HUSBAND If any claim, action or proceeding is hereafter initiate seeking to hold Husband liable for the debts or obligations assume by Wife under this Agreement, Wife will, at her sole expense, defen Husband against any such claim, action or proceeding, whether or no well-founded, and indemnify him and his property against any damage or loss resulting therefrom, including, but not limited to, costs 0 court and attorney's fees incurred by Husband in connectio therewith. 22. WAIVER OF ALIMONY The parties acknowledge that inflation may increase 0 decrease, their respective incomes may change, that either may b employed or unemployed at various times in the future, that thei respective assets may substantially increase or decrease in value, and that notwithstanding these or other economic circumstances, th parties acknowledge that they each have sufficient property an resources to provide for her or his reasonable needs and that eac is able to support himself or herself without contribution from th " other. Therefore, the parties hereby expressly waive, discharge an4 i release any and all rights and claims which they may have now 0 hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance and they acknowledg that this Agreement constitutes a final determination for all of either party's obligation to contribute to the support an maintenance of the other. It shall be, from the execution date 0 this Agreement, the sole responsibility of each of the respectiv parties to sustain himself or herself without seeking any additiona support from the other party. 23. TAX RETURNS AND AUDITS Husband and Wife represent that all federal, state and loca tax returns required to be filed by Husband and Wife have bee filed, and all federal, state and local taxes required to be pai with respect to the periods covered by such returns are paid. Husband and Wife further represent there are no tax deficiencie proposed or assessed against Husband and/or Wife for such periods, and neither Husband nor Wife executed any waiver of the Statute 0 Limitations on the assessment or collection of any tax for suc periods. 24. TAXES FOR YEAR OF DIVORCE Husband agrees to be liable and obligated and shall timely pa and hold Wife and her property harmless from any liability 0 Husband for federal income tax (including penalties and interest) a shown on his separate United States individual income tax return fo the tax year 2005. Wife agrees to be liable and obligated and shall timely pay an hold Husband and his property harmless from any liability of Wif for federal income tax (including penalties and interest) as show on her separate United States individual income tax return for th tax year 2005. 'I In the event the Internal Revenue Service determines a allocation between the parties for federal income taxes for th calendar year 2005, differently from that computed above in thi paragraph, then Husband and Wife agree they will allocate liabilit for their federal income taxes for 2005, between themselves pursuan to the computation under this paragraph. Any difference shall b accounted for between Husband and Wife, and paid for by one to th other, so as to conform to the tax liability allocation herein wit any ultimate tax liability determined by the Internal Revenu Service 25. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of divorce all financial records relating to th marital estate, and each party will give the other party immediat access to these records in the event of tax audits. 26. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enj oy, independently of any claim or right of the other, all items 0 personal property, tangible or intangible, hereafter acquired by hi or her, with full power in him or her to dispose of the same a fully and effectively, in all respects and for all purposes, a though he or she were unmarried. 27. LEGAL FEES Husband agrees to be responsible for one-half of Wife's lega fees from March 17, 2005 until a final decree in divorce is issued. In the event, for whatever reason, either party fails or refuses t execute an affidavit evidencing their consent to the divorce, pursuant to ~3301(C) of the Divorce Code, that party shal indemnify, defend and hold the other harmless from any and al additional expenses, including actual counsel fees resulting fro any action brought to compel the refusing party to consent. Eac party hereby agrees that a legal or equitable action may be brough 'I to compel him or her to execute a consent form and that, absent ant breach of this Agreement by the proceeding party, there shall be n defense to such action asserted. 28. CHILD SUPPORT Commencing June 1, 2005, Husband shall pay to Wife the sum 0 $500.00 (Five Hundred Dollars) per month for the support of th Rebekah Waters. Said support obligation shall be paid to PASCE through Domestic Relations and shall end on Rebekah Waters eighteenth birthday. The parties agree to execute a Stipulation an Agreement Regarding Child Support for Wife's counsel to submit t the Court and Domestic Relations. 29. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY Husband and Wife agree and hereby do release and renounce an claim they may have against the other party for spousal support, alimony pendente lite, alimony and maintenance. 30. HIGHER EDUCATION EXPENSES OF THE CHILD Each party agrees to be responsible for one-half of th reasonable cost of undergraduate college education for the chil including, but not limited to the following: tuition, room, board, books, supplies, fees, transportation, and clothing. The obligatio under this paragraph shall be for costs incurred only after al financial aid, grants, scholarships and reasonable loans have bee exhausted. 31. HEALTH INSURANCE - Husband Wife shall provide Blue Cross/Blue Shield Major Medical 0 equivalent coverage for the benefit of Husband, if it continues t be available to her at a reasonable cost, until such time as a fina decree in divorce may be entered with respect to the parties. " 32. HEALTH INSURANCE - CHILD Wife shall provide Blue Cross, Blue Shield, Major Medical 0 equivalent coverage for the benefit of the child. The parties agre to be equally responsible for any non-covered or extraordinar medical and/or dental expense for the child, provided that, excep in an emergency situation, the decision to incur extraordinary, 0 non-covered medical and/or dental expenses shall be a joint on between parties and Husband agrees not to withhold his consent fo any such expenses which would be reasonably necessary. 33. CUSTODY, PARTIAL CUSTODY AND VISITATION Subj ect to further order of any Court of competen jurisdiction, the parties agree that primary physical and lega custody of the said child, Rebekah Waters, shall be with Wife Husband shall have liberal temporary custody rights according to schedule to be agreed upon by the parties and which shall b consistent with the best interest and welfare of the said child. 34. WARRANTY AS TO EXISTING OBLIGATION Each party represents that he or she has not heretofor incurred or contracted any debt or liability or obligation for whic the estate of the other party may be responsible or liable except a may be provided in this Agreement. Each party agrees to indemnify 0 hold the other party harmless from and against any and all suc debts, liabilities or obligations of every kind which may hav heretofore been incurred by them including those for necessitie except for the obligations arising out of this Agreement. 35. WARRANTY AS TO FUTURE OBLIGATIONS Except as set forth in this Agreement, Husband and Wife eac represents and warrants to the other that he or she has not in th past or will not at any time in the future incur or contract an debt, charge or liability for which the other's lega representatives, property or estate may be responsible. Each hereb " agrees to harmless incurred indemnify, save and hold the other and from any liability, loss, cost or in the event of breach hereof. his or her propert expense whatsoeve 36. PROPERTY RELEASE It is the intention of Husband and Wife to give to each othe by the execution of this Agreement a full, complete and genera release with respect to any and all property of any kind or nature, real, personal or mixed which the other now owns or may hereafte acquire, except and only except all rights and agreements an obligations of whatsoever nature arising or which may arise unde this Agreement or for the breach of any provision of this Agreement. All property hereunder is transferred subject to all existin encumbrances and liens thereon. The transferee of such propert agrees to indemnify and save harmless the other party from any clai or liability that such other party may suffer or may be required t pay on account of such encumbrances or liens. Such party will, a his or her sole expense, defend the other against any such claim, whether or not well founded, and he or she will indemnify and hol harmless the other party in respect to all damages resultin therefrom. The insurance on the property being transferred hereunde is assigned to the party receiving such property, and the premium on such insurance shall be paid by the party to whom the insuranc is assigned. By this Agreement the parties have intended to effec an equitable distribution of their assets. The parties hav determined that the division of said property conforms to th criteria set forth in ~3501 et. sea. of the Pennsylvania Divorc Code taking into consideration the length of marriage; the fact tha it is the first marriage for Husband and Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training 0 increased earning power of the party; the opportunity of each part for future acquisitions of capital assets and income; the sources 0 income of both parties, including but not limited to medical, II retirement, insurance or other benefits; the contributions 0 dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including th contribution of each spouse as homemaker; the value of the propert set apart to each party; the standard of living of the partie established during the marriage; and the economic circumstances 0 each party at the time the division of property is to becom effective. The division of existing marital property is not intende by the parties to constitute in any way a sale or exchange 0 assets, and the division is being effected without the introductio of outside funds or other property not constituting a part of th matrimonial estate. The division of property under this Agreemen shall be in full satisfaction of all marital rights of the parties 37. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of suc other, for all time to come, and for all purposes whatsoever, of an from any and all rights, title and interest or claims in or agains the property (including income and gain from property hereafte accruing) of the other or against the estate of such other, 0 whatever nature and wheresoever situate, which he or she now has 0 at any time hereafter may have against such other, the estate 0 such other or any part thereof, whether arising out of any forme acts, contracts, engagements or liabilities of such other or by la of dower or curtesy, or claims in the nature of dower or curtesy 0 widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against th spouse's will; or the right to treat a lifetime conveyance by th other as testamentary, or all other rights of a surviving spouse t participate in a deceased spouse's estate, whether arising under th laws of Pennsylvania, any other state, Commonwealth or territory 0 the United States, or any other country, or any rights which eithe party may have or at any time hereafter have for past, present 0 future support or maintenance, alimony, alimony pendente lite, " counsel fees, equitable distribution, costs or expenses, whethe~ arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations 0 whatsoever nature arising or which may arise under this Agreement 0 for the breach of any provision of this Agreement. 38. PERSONAL RIGHTS Wife and Husband may and shall at all times hereafter liv separate and apart. Each shall be free from any control, restraint, interference or authority, whether direct or indirect, by the othe in all respects as fully as if he or she were unmarried. Each ma also reside at such place or places as he or she may select. Eac may, for his or her separate use or benefit, conduct, carryon an engage in any business, occupation, profession or employment whic to him or her may seem advisable. Wife and Husband shall not molest, harass, or malign each other or the respective families of eac other, nor compel or attempt to compel the other to cohabit or by any means or in any manner whatsoever with him or her. Each part hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that hav been or will be incurred relating to or arising from the marriage between the parties, except that neither party is relieved 0 discharged from any obligation under this Agreement. Neither part will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 39. GENERAL PROVISIONS This Agreement shall be effective from and after the time of its execution, however, the transfer of the property provided for herein shall only take place upon the entry of a final decree in divorce. The support provisions of this Agreement shall take effect immediately upon execution. 40. WAIVER OR MODIFICATION TO BE IN WRITING No modification, recission, amendment or waiver of any of the II terms hereof shall be valid unless in writing and signed by bot parties and no waiver of any breach hereof or default hereunde shall be deemed a waiver of any subsequent default of the same 0 similar nature. Any oral representations or modifications concernin this instrument shall be of no force or effect excepting a subsequent modification in writing, signed by the party to be charged. 41. MUTUAL COOPERATION Each party shall on demand execute and deliver to the othe party any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and othe documents, and shall do or cause to be done every other act or thin that may be necessary or desirable to effectuate the provisions an purposes of this Agreement. If either party unreasonably fails 0 demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 42. LAW OF PENNSYLVANIA APPLICABLE Agreement and all acts contemplated by and enforced in accordance with the be the it shall laws of This construed Commonwealth of Pennsylvania. 43. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors in an interest of the parties. 44. 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 other than those expressly set forth herein. " 45. ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read thi Agreement, including all Schedules and other documents to which it refers; that he or she has discussed its provisions with an attorne of his or her own choice, or has waived the opportunity to do so, and has executed it voluntarily and in reliance upon his or her ow attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover. 46. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith, and within ten (10) days after demand therefore, 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. 47. 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 constructed as a waiver of strict performance of any obligations herein. 48. SEVERABILITY The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void, unenforceable 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 II I !!continue in full force, effect and operation. Likewise, the failurel 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 void or alter the remaining obligations of the parties. 49. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs an subparagraphs hereof are inserted solely for the convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. EXECUTED in triplicate on the day and year first above written. IJ~:J ers /' :;,., '- // Waters " II Commonwealth of Pennsylvania Ii ss County of Perry On this, the 23"d day of March, 2005, before me the undersigne officer, personally appeared Cathy S. Waters, known to me (0 satisfactorily proven) to be the person whose name i subscribed t the within instrument, and acknowledged that she executed the sam for the purpose therein contained. IN WITNESS WHEREOF, I have here unto set my hand and notaria seal. "j.Jo/ [, i( _-,,"LrL, Notary Public NOTMWIlSEAL LEIGH ANN SNYDER. Notary Nlllc Marysvln(lllo:"O, Perry Co\Il'~ In . My ComIl"-"'"'1 E",-i"," May \6, 2",.5 ~~..<~"" ::..-:,~,_:."-",--.= - .....~, Commonwealth of Pennsylvania ss County of Perry On this, the 23"d day of March, 2005, before me the undersigne officer, personally appeared Matthew E. Waters, known to me (0 satisfactorily proven) to be the person whose name is subscribed t the within instrument, and acknowledged that he executed the sam for the purpose therein contained. IN WITNESS WHEREOF, I have here unto set my hand and notaria seal. :~ iill .ie, -A~vldt ( Not ry Public r NOTARIAl SEAL LEIGH ANN SNYDER. Notary NlIic MlIlysym~ Bom, Perry CoUnty My ComlT'iJs:on E,,'Tiirrs May 113, 2005 CATHY S. WATERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. MATTHEW E. WATERS, Defendant CIVIL ACTION NO. 05-990 IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOT:ICE OF INTENT:ION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECT:ION 3301(C) OF THE D:IVORCE CODE 1. A Complaint in divorce under ~ 3301(c) of the Divorce Code was filed on February 25, 2005 and served on February 26, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property, division of property or lawyer fees and expenses if I do not claim them before a divorce is granted. 5. 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. 6. Plaintiff's and Defendant's Waiver of Notice in ~3301 (c) Divorce are being filed with the Prothonotary as a part of their respective consent documents. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: , ,,;/ov C,~&t.~0~ Cathy S. Waters, Plaintiff CATHY S. WATERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. MATTHEW E. WATERS, Defendant CIVIL ACTION NO. 05-990 IN DIVORCE DEFENDANT'S AFF:IDAVIT OF CONSENT AND WA:IVER OF NOT:ICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECT:ION 3301(C) OF THE D:IVORCE CODE 1. A Complaint in divorce under ~ 3301(c) of the Divorce Code was filed on February 25, 2005 and served on February 26, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property, division of property or lawyer fees and expenses if I do not claim them before a divorce is granted. 5. 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. 6. Plaintiff's and Defendant's Waiver of Notice in ~33 01 (c) Divorce are being filed with the Prothonotary as a part of their respective consent documents. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: ;/0/06 / " ~s;, \.....1.- ' ,:~,. '1<\j':J":j, ~... CATHY S. WATERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. MATTHEW E. WATERS, Defendant CIVIL ACTION NO. 05-990 IN DIVORCE PRAECIPE TO TRANSM:IT 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: 3301(c) of the Divorce Code. Irretrievable breakdown under ~ 2. Date and manner of service of the Complaint: February 26, 2005, by United States Certified Mail, Restricted Delivery. 3. Date of execution of the Affidavit of cons,e~ ~equired by ~ 3301 (c) of the Divirce l=ode: BX Plaintiff '/f~ 0 , 2005; by Defendant 'f 10/0 If , 2004V. , r 4. Related claims pending: NONE. 5. Date Plaintiff's Waiver of .Votice int? 3301(c) Divorce filed with the Prothonotary: ~~, 200~ Date Defendant's Waiver filed with the Prothonotary: Of/Notice in ~ 3301(c) '/ ) Q-" , 200~ . , Divorce Respectfully submitted, D:ISSINGER AND D:ISS:INGER Date: 'i()0~ Jf\ ~ O/~~.-:.p--- Mary A. Etter Dissinger 0 Attorney for Plaintiff 28 North 32nd Street Camp Hill, PA 17011 717-975-2840 cc: Cathy S. Waters Matthew E. Waters, pro se ?~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~ ~~~~~~~~ ~~+~~~~~+~~~~~~~~~~~~~~~~~~~~~~+~ . . . . . . . . + . . . . . . . . . . . . . . . . . . . + . . . . . . . . . . . + + . . . . + . . . . . . . . . . . + . . + + . . . . . + + . . + OF CUMBERLAND COUNTY + . . . . . . . + + . . . + . . . . + + . . . . . . . . . + + . . . . . + . . . . . . . . . . . + + + . . . . + . + . . . . + + + . . . . . . . . . . . + + . . . . . . . . + . . + . + . + . . . . . . . + + +~+~+++++++. IN THE COURT OF COMMON PLEAS STATE OF PENNA. CATHY S. WATERS No. 990 05 PLAINTIFF VERSUS MATTHEW E. WATERS DEFENDANT DECREE IN DIVORCE AND NOW, may .?~ , IT [S ORDERED AND .z0(/(, , DECREED THAT CATHY S. , PLAINTIFF, WATERS AND MATTHEW E. WATERS , DEFENDANT, ARE D[VORCED FROM THE BONDS OF MATR[MONY. THE COURT RETA[NS JUR[SD[CT[ON OF THE FOLLOW[NG CLA[MS WHICH HAVE BEEN RA[SED OF RECORD [N TH[S ACT[ON FOR WHICH A F[NAL ORDER HAS NOT YET BEEN ENTERED; . . + + + + + . + + . . . + + + + + + + . + . . + . . + + +",~~~~+ The Marriage Separation Agreement of the parties dated March 2005 23, is hereby incorporated but not merqed. By THE C URT: /l . . PROTHONOTARY ... ~ ~+ ~ . .. ++ ++ +++ ~+ + ~+~+ + J, ,'}J )7 '7 "hJ' f7 -5 ~. ~_ ., ",;7'77' "vii . v; 1'''"' P'""/ --", .." ~' .-,- ,.. -/ ~l) 51" .~ /{rW .;1&; f'l? .. ." ..