HomeMy WebLinkAbout05-1441
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JANE R. KNOTT,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNA
VS.
; NO. [J5. ;t/if!
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MICHAEL E. KNOTT,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
I following pages, you must take prompt action. You are warned that if you fail to do so, the case
[I may proceed without you and a decree of divorce or annulment may be entered against you by
lithe Court. A Judgment may also be entered against you for any other claim or relief requested in
II these papers by the Plaintiff. You may lose money or property or other rights important to you,
[I including custody or visitation of your children.
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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, One Courthouse Square, Carlisle,
Pennsylvania 17013.
I IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
I' 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
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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JANER.KNOTT,
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNA
Plaintiff
VS.
: NO.
MICHAEL E. KNOTT,
: CIVIL ACTION - LAW
: IN DIVORCE
Defendant
A VISO PARA DEFENDER Y RECLAMAR DERECHOS
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas
expuestas en las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se
defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido
en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier
otra queja 0 compensacion rec1amados por el demandan. Usted puede perder dinero, 0
propiedades u otros derechos importantes para usted.
Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del
matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales
esta disponible en la oficina del Prothonotary, en la Cumberland County Court House, One
Courthouse Square, Carlisle, Pennsylvania 17013.
SI USTED NO RECLAMA PENSION ALIMENTlCIA, PROPIEDAD MARITAL
HONORARlOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL
DE DlVORCIO 0 ANULAMIENTO SEA EMlTIDO, USTED PUEDE PERDER EL
DERECHO A RECLAMAR CUALQUIERA DE ELLOS.
USTED DEBE LLEV AR ESTE P APEL A UN ABOGADO DE INMEDlA TO. SI NO
TIENE 0 NO PUEDE P AGAR UN ABOGADO, VA Y A 0 LLAME A LA OFICINA
INDlCADA ABAJO PARA A VERlGUAR DONDE PUEDE OBTENER ASISTENCIA
LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
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JANE R. KNOTT,
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNA
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: NO.
Plaintiff
VS.
MICHAEL E. KNOTT,
: CIVIL ACTION - LAW
: IN DIVORCE
Defendant
COMPLAINT UNDER SECTION 3301(c)OF THE DIVORCE CODE
COUNT I
AND NOW, mi. 4~y of T A ""~ 2005, -, 'he Phoioti"
Jane R. Knott, by her atto~ey, Jane M. Alexander, squire, and files this Complaint upon a
cause of action of which the following is a statement.
1. Plaintiff is Jane R. Knott who currently resides at 1400 Bent Creek Boulevard,
Apartment 130, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania
17050.
2. Defendant is Michael E. Knott, who currently resides at 2455 Hunterstown Harnpton
Road, New Oxford, StrabaNTownship, Adarns County, Pennsylvania 17350.
3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months
immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on February 16, 1990 at Cherry Mills
Lodge, Dushore, Sullivan County, Pennsylvania by a Justice of Peace.
5. There were no children born between the parties during the marriage.
6. There have been no prior actions of divorce or for annulment between the parties.
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7. The parties have not entered into a written agreement as to alimony, counsel fees, cost
and property division.
8. 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.
9. While the parties were domiciled within the Commonwealth of Pennsylvania, and
I through no fimlt ofPlaintit1; the innocent and injured spouse, the Defimdant, in violation of the
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marriage vows and the laws of the Commonwealth, has offered such indignities to the person of
the PlaintifT as to render her condition intolerable and life burdensome.
WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce
from the bonds of matrimony.
COUNT II
10. The allegations of Paragraph one (J) through nine (9) are incorporated herein by
reference and made a part hereof.
II. The marriage is irretrievably broken.
WHEREFORE, the PlaintifTprays your Honorable Court to enter a Decree of Divorce
fi'om the bonds of matrimony.
COUNT III
12. The allegations of Paragraph ten (10) through eleven (II) are incorporated herein by
reference and made a part hereof
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13. During the marriage, Plaintiff and Defendant have acquired various items of marital
propelty, both real and personal, which are subject to equitable distribution under Chapter 35 of
the Divorce Code.
WHEREFORE, the PlaintitIprays your Honorable Court to enter a Decree of
Divorce from the bonds of matrimony and equitably divide all marital property of whatsoever
kind and wheresoever situate and tor such further relief as the Court may deem equitable and
JUst.
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Respectfully submitted,
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Jape M. Alexan e. Esquire
~' torney for Plrtiff
.D. No 07355
\ 148 South Baltimore Street
. Dillsburg, P A l7019
(717) 432-4514
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Verification
I verifY that the statements made in this Complaint in Divorce 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'4f :),&~~
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/ /Jane R. Kno
COMMONWEALTH OF PENNSYLVANIA
S.S
COUNTY OF YORK
Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth
and County, Personally appeared Jane R. Knott, who, being affirmed according to law, deposes
and says that the facts and matters set forth in the foregoing Complaint are true and correct to the
best of her knowledge, information and belief.
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Sworn to and subscribed before
me this 9 &- day of
yU~ ,2005
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Notary Public
COMMO WEALTH OF P NNSYLVANIA
Notaria'S.al
Halvard E. Alexander, Notary Public
OiUsburg BolO, York County
My Comrnl..lon Expire.Apr. 23, 2006
Member, Pennsylvania Associaflon of Notaries
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Plaintiff
IN THE COURT OF CO MON PLEAS
OF CUMBERLAND CO TY, PA
.JANE R. KNOTT,
VS.
NO. 05-1441 CIVIL
Defendant
CIVIL ACTION - LAW
IN DIVORCE
MICHAEL E. KNOTT,
AFFIDAVIT OF SERVICE
AND NOW, this ~day of 005 personally
appeared Jane M. Alexander, Esquire who swear according to law, that a e and correct
copy of a COMPLAINT IN DIVORCE was caused to be served by certifiemail with return
receipt requested upon the said,
Michael E. Knott
2455 Hunterstown Hampton Road
New Oxford, PA 17350
on March 19, 2005 by leaving the same at the Dillsburg Post Office with p stage pre-paid
thereon as evidenced by the mailing receipt and return receipt hereto attach d and made a part
hereof.
Sworn and subscribed before
me this .2;2 ~ day of
l'V\ oiY12- c-H , 2005.
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/ Notary Public ~
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Halvard E. Alexander. Notary Public
Dillsburg Bora. Yorl< COIlfIty
My Commlsslon Expires Apr. 23. 2005
Member, Pennsylvania Association ot Notaries
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Plaintiff
IN THE COURT OF CO
OF CUMBERLAND CO
MON PLEAS
Y,PA
JANE R. KNOTT,
VS.
NO. 05-1441 CIVIL
Defendant
CIVIL ACTION - LAW
IN DIVORCE
MICHAEL E. KNOTT,
PROOF OF SERVICE
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CERTIFIED MAIL." RECEIPT
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Postage $
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AE~ttJm Reciept Fee $1.75 r , Here .1'
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so that we can return the card to you.
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or on the front if space permits.
1. Article Addressed to:
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! JANE R. KNOTT,
Plaintiff
: COURT OF COMMON PLEAS
: OF~OUNTY, PENNA.
VS.
: NO. 2005-01441
MICHAEL E. KNOTT,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
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1. A Complaint in Divorce under S 3301(c) of the Divorce Code was filed on March
17,2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention
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that false statements herein are made subject to the penalties of 18 Pa. c.s. S 4904 relating to
unsworn falsification to authorities.
Date:
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JANE R. KNOTT,
Plaintiff
: COURT OF COMMON PLEAS
: OFaJMBERlANOCOUNTY, PENNA.
VS.
: NO. 2005-0]441
MICHAEL E. KNOTT,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
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I 1. I consent to the entry of a final decree of divorce without notice.
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I! 3. I understand that I will not be divorced until a divorce decree is entered by the
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WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORO: DECREE
UNDER CODE SECTION 3301(C) OF THE DIVORCE CODE
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. S 4904 relating to
unsworn falsification to authorities.
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II Date:
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Plaintiff
: COURT OF COMMON PLEAS
: OF ClJMBERLAt'[COUNTY, PENNA.
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: NO. 2005-01441
MICHAEL E. KNOTT,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
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AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 9 330l(c) of the Divorce Code was filed on March
17,2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention
to request entry of the decree.
r verify that the statements made in the Affidavit are true and correct. I understand
I that false statements herein are made subject to the penalties of 18 Pa. c.s. 94904 relating to
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unsworn falsification to authorities.
Date:
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Plaintiff
: COURT OF COMMON PLEAS
: OFill"BERlANDCOUNTY, PENNA.
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I, Defendant
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: NO. 2005-01441
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER CODE SECTION 3301(C) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary .
I verify that the statements made in this affidavit, are true and correct. 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:
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Ii MICHAEL E. KNOTT,
II Defendant
Plai n tiff
: COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNA.
JANE R. KNOTT,
VS.
: NO. 2005-01441
: CIVIL ACTION - LAW
: IN DIVORCE
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MARRIAGE SETTLEMENT AGREEMENT
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THIS AGREEMENT made this ~q/~aYOf C<~/>~~J
,2005
\1 by and between Jane K Knott of 1400 Bent Creek Boulevard, Apartment 130,
II Mechanicsburg, Cumberland County, Pennsylvania 17050 (hereinafter referred to as
II "WIFE") and Michael E Knott, of2455 Hunterstown-Hampton Road, New Oxford, Straban
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\! Township, Adams County, Pennsylvania 17350 (hereinafter referred to as "HUSBAND".)
II WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on
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I February 16, J 990 at Cherry Mills Lodge, Dushore, Sullivan County, Pennsylvania. WIFE-
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I' instituted an action in divorce to No,2005-0l44I in the Court of Common Pleas of
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II Cumberland County, Pennsylvania on March 17,2005. The pleadings in the case requested
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II dissolution of the marriage between the two parties and for such further relief that the COUlt
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I may deem equitable and just; and
I WHEREAS, the parties have reached an agreement as to the settling of all matters
ill relating to the divorce including distribution of the marital assets,
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\ NOW, THEREFORE, in consideration of the promises and the mutual promises,
covenants and undertakings hereinatler set forth and tor other good and valuable
Page 1 of7
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 intent and purpose of this Agreement to set forth the respective
rights and duties of the parties while they continue to Jive apart from each other.
2. The terms of this Agreement and their effect have been fully explained to the WIFE
by her counsel, Jane M. Alexander, Esquire. HUSBAND has been fully advised of the terms
of this Agreement by his counsel, Thomas E. Miller, Esquire. The parties acknowledge that
they have received independent legal advice from counsel of their choice and have been fully
informed as to their legal rights and obligations or have chosen not to do so. The parties
understand the facts and acknowledge and accept this Agreement as fair and equitable.
3. The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the
intent of the parties that such division shall be final and shall forever determine their
respective rights. The division of existing marital property is intended by the parties to
constitute in any way a sale or exchange of assets, and the division is being affected without
the introduction of outside funds or other property not constituting a part of the marital estate.
4. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other
party in any matter 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
Page 2 of7
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II belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to
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II dispose of same as fully and effectually, in all respects and for all purposes as if he or she
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were not married. Specific disposition of major items or personal property is as follows:
7.1) Bank Accounts:
Each party has opened and maintained their own separate bank accounts since
the time of separation. Neither party will make a claim against those funds.
7.2) Vehicles:
Each party shall retain possession, title and sole ownership of their respective
vehicles and shall be responsible for any debt thereon, if any.
7.3) Pensions, Stock options, Retirement funds, IRAs:
Neither party shall make a claim against the other's interest in any of these
types of savings.
8. REAL ESTATE:
a) The marital residence of the parties located at 2455 Hunterstown-Hampton
Road, New Oxford, Pennsylvania 17350 is presently occupied by the HUSBAND and has
been occupied by him since the date of separation. HUSBAND has, and shall continue to be,
responsible for the payment of all utilities during his occupancy. HUSBAND and WIFE shall
equally assume and pay all taxes, insurance and maintenance expenses in excess of $250.00
.
incurred during his occupancy until the residence is sold. Said property has been listed for !
sale. /~4"^""'t!.~~f~~~"J'J /t.8/.-~. <~
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b) The net proceeds of the sale after payment of all fee~, costs, and commis~i6~? :~tJ
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shall be disbursed in the following manner: /;1 .'" Y '::1.;_1
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WIFE shall receive $40,000.00;
HUSBAND shall received $10,000.00
The balance remaining shall be divided equally between the parties with the
understanding that the line of credit loan with a balance due of approximately Ten
Thousand ($10,000.00) Dollars must be paid from Husband's share or other funds he
has received.
9. SPOUSAL SUPPORT/ALIMONY
Neither party has or will make claim lor spousal support and/or alimony.
10. STATUS OF SETTLEMENT:
The property settlement as provided herein between the parties shall be considered
an equitable distribution of marital property and both parties waive any and all rights or
claims which they may have been entitled to raise with respect to the issue of equitable
distribution under the Provisions of the Pennsylvania Divorce Act.
II. The parties agree that simultaneously with the signing of this Agreement they will
sign the necessary atlidavits of consent and waiver of notice in order to conclude the divorce
action tiled by WIFE under the no-limit provisions of the Pennsylvania Divorce Act.
12. The waiver or unenforceability of any term, condition, clause or provision of this
Agreement shall in no way be deemed or considered to be a waiver of or forfeiture of right to
enforce any other term, condition, clause or provision of this Agreement.
Page 5 of7
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13. This Agreement shall be construed and interpreted according to the laws of the
Commonwealth of Pennsylvania.
14. It is understood and agreed that the heirs, administrators, executors and assigns of
the parties hereto shall be bound by all the terms, conditions, clauses and provisions of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written, intending to be legally bound.
WITNESS BY:
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Th6ffias E. Miller, Attorney for Defendant
Page 6 of7
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COMMONWEALTH OF PENNSYLVANIA :
: S.S.
COUNTY OF YORK
On this, the 1;1'" day of
.
undersigned officer, a Notary public, in and for said Commonwealth and County, personally
appeared Jane R. Knott known to me (or satisfactorily proven) to be the person whose name
is subscribed to the foregoing Marriage Settlement Agreement and in due form acknowledged
that she executed the same for the purpose therein contained and desired the same to be
j)w~
, 2005, before me the
recorded as such.
WITNESS my hand and notarial seal the day and ye
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COMMONWEALTH OF PENNSYLVANIA:
S.S.
COUNTY OF YORK
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On this, the 1/ day of
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, 2005, before me the
undersigned officer, a Notary public, in and for said Commonwealth and County, personally
appeared Michael E. Knott known to me (or satisfactorily proven) to be the person whose
name is subscribed to the foregoing Marriage Settlement Agreement and in due form
acknowledged that he executed the same for the purpose therein contained and desired the
sarne to be recorded as such.
WITNESS my hand and notarial seal the day and year aforesaid.
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My Commission Expire:
NOTARIAL SEAL
THOMAS E, MlLl.ER, NoIary PuWt
Ham"er Boro" York County
My Commission Expires August 3, 2006
Page 7 00
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
JANE R. KNOTT,
VS.
: NO. 2005-01441
Defendant
: CIVIL - ACTION LAW
: IN DIVORCE
MICHAEL E. KNOTT,
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the Court for entry of a divorce decree:
I. Ground for divorce: irretrievable breakdown under !j3301(c) (3301(d)(I)) ofthe Divorce Code.
(Strike out inapplicable section).
2. Date and manner of service ofthe complaint: was sent certified mail. restricted delivery and was
served to the Defendant on March 19.2005.
3. (Complete either paragraph (a) or (b))
a) Date of execution of the affidavit of consent required by !j330l(c) of the Divorce Code: by
plaintiff December 12. 2005; by defendant December 12.2005.
b) (J) Date of execution of the affidavit required by !j3301(d) of the Divorce Code:
(2) Date of filing of the 3301(d) affidavit:
(3) Date of service of the 3301(d) affidavit upon respondent:
4. Related claims pending: All claims are settled and satistied bv Marriage Settlement Agreement
dated October 31. 2005 si~ned by both parties.
5. (Complete either (a) or (b).)
(a) Date and manner of service of the notice of intention to request entry of the divorce decree, a
copy of which is attached:
(b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: December 28.2005.
Date defendant's Waiver of Notice was tiled with the Prothonotary: December 28. 2005.
Date:
/
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ne M. Alexan r, Esquire
ttorney for PI 111tiff
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IN THE COURT OF COMMON
PLEAS
OFCUMBERLANDCOUNTY
STATE OF
JANE R. KNOTT
VERSUS
MICHAEL E. KNOTT
.
PEN NA.
No.
2005-01441
DECREE IN
DIVORCE
AND NOW,
l' -0'"
2-r
ZA-o'
, IT IS ORDERED AND
DECREED THAT
JANE R. KNOTT
, PLAI NTI FF,
AND
MICHAEL E. KNOTT
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
YET BEEN ENTERED;
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
A.r8 tJ €.
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