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HomeMy WebLinkAbout05-1537 ELIZABETH M. WASHBURN, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW DIVORCE DAVID A. WASHBURN, Defendant NO. OS- - 1S'11 CJL?~L~~ NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for 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 Dauphin County, Front and Market Streets, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'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 ELIZABETH M. WASHBURN, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DIVORCE DAVID A. WASHBURN, Defendant NO. OS- - (}IUL~~ COMPLAINT IN DIVORCE 1. Plaintiff Elizabeth M. Washburn who currently resides at 6215 Stanford Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is David A. Washburn who currently resides 400 Miltonberger Road, Orrtanna, Adams County, Pennsylvania 17353. 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 April 25, 1998, in Camp Hill, Cumberland County, Pennsylvania. 5. No children were born of this marriage. 6. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and it amendments. 7. There have been no prior actions of divorce or for annulment between the parties. 8. The marriage is irretrievably broken. 9. The parties have been living separate and apart since June 13,2004, 10, 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. 11. Plaintiff requests the court to enter a Decree of Divorce divorcing Plaintiff and Defendant. WHEREFORE, Plaintiff requests that this Court enter a Decree in Divorce divorcing Plaintiff and Defendant and such other Orders as are just and appropriate. Respectfully submitted, Date: 5eX ~ ob !~ riJf1~ fri Melissa L. Van Eck, Esquire Attorney ID No. 85869 7810 Allentown Blvd. Suite B P.O. Box 6662 Harrisburg, P A 17112 (717)540- 5406 Attorney for Plaintiff VERIFICATION I, Elizabeth A. Washburn, verify that the statements made in the foregoing COMPLAINT in DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are mad subject to the penalties of 18 Pa. C.S, S4904, relating to unsworn falsification to authorities. Date: c2..OL'6.05 ~iiJ(tA /11~ liz ~~ashburn \) -lC.. ;:;J - ~ \ ...0 ~ \) - b V<. () ,.., ~ \J = -- c: c..~ \'" <.I' ~ ~::- :;I: ~ ~ -J '\'t~) ~ rn~ rorn ~.... ...-~ ... N =B~ F- t5;r. ',...,:- N S;~ _<lie. --- ~C: -Q :l~-rl ~ i;Q -;:$. qt') :J; (-,< r. (Srl1 _O-l L ~ J z 0 =< 0 -"- ------- IN THE COURT OF COMMON PLEAS OF CUMBE AND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ELIZABETH M. WASHBURN, Plaintiff NO. 05 1537 Civil Term vs. DAVID A. WASHBURN, Defendant Action n Divorce ACCEPTANCE OF SERVICE AND NOW, this ~ day of Mo.rL.h. ,2005 comes Bernard A. Yannetti, Jr., Esq., counsel for the Defendant, David A. Washburn, who he eby accepts service of a true and correct copy of a Complaint in Divorce, filed to the above acti n on March 22, 2005, which copy includes Notice to Defend and Claim Rights, ~:-~ '., \ '~-~ -". -"" -'.' {~.: ~, , -' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW ELIZABETH M. WASHBURN, Plaintiff NO. 05-1537 Civil Term vs. DAVID A. WASHBURN, Defendant Action in Divorce DEFENDANT'S AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 22, 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 of divorce, and have signed a Waiver of Notice of Intention to Request Entry of Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. D~~ Date: to I~? /05 ~ ~, "'t)\:P, ...,;'\(1(..",' 'Z' ~" th'};, '2;c .c.c ~ -', ~'c:. y~ :2 ~ ~ ~ ~:rJ ~ ..,~ ~ :g~"" -.,p -n .-0 ~~ ~ ':::0\ ~ ~ .- cJ\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW ELIZABETH M. WASHBURN, Plaintiff NO. 05-1537 Civil Term vs. DAVID A. WASHBURN, Defendant Action in Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 118 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Date 6!d7/ OS" . /~~~ David A. Washburn, Defenilant T ,... 2 ~ d)f.}\ ~-" zc" t;JlL %~,.~ r::C ""'. :ZC .-(., );> c: ~ ~ ~ ~ % ~ -0 -,; N .' Q, ~~ ~~ 'g-t1 z~ 9. - ~ tJ'I '- - " MARRIAGE SETTLEMENT AGREEMENT MADE THIS d 7~ day of May, 2005, by and between David A. Washburn of 400 Miltonberger Road, Orrtanna, Adams County, Pennsylvania, hereinafter referred to as "Husband," and Eliz,abeth M. Washburn of 6215 Stanford Court, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Wife." WITNESSETH WHEREAS, the parties hereto are Husband and Wife, having been married on April 25, 1998; WHEREAS, there were no children born of the parties' marriage; and WHEREAS, certain unhappy difference, disputes, misunderstandings and difficulties have arisen between the parties and the parties have decided that their marriage is irretrievably broken, that it is their intention to live separate and apart for the rest of their natural lives, that they are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: 1, The settling of all matters between thl3m relating to the ownership of real and personal property including property heretofore or subsequently acquired by either party; 2, The settling of all disputes, rights and/or interests between them arising out of or by reason of their marriage including but not limited to the past, present and future support, alimony pendente lite, alimony, counsel fees, costs or maintenance by the other party; and I II 3. In general, the settling of any and all actual and possible claims by each party against the other or against their respective estates, NOW, THEREFORE, in exchange for the mutual promises made herein and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows intending to be legally bound hereby: SECTION OINE LIVING SEPARATE 1.01. The parties may hereafter live separate and apart, each free from all dominion, restraint and control by the other, whether direct or indirect, as fully as if unmarried. Each party may hereafter reside at such place as he or she may select SECTION TWO NO MOLESTATION OR INTERFERENCE 2.01. Neither party shall molest or interferE! with the other nor compel or attempt to compel the other to cohabit or dwell with him or her, by any means whatsoever, by legal action or otherwise. SECTION THRE.E AGREEMENT NOT TO BAR DIVOFtCE PROCEEDINGS 3.01. This Agreement shall not be considered to affect or bar the right of Husband or Wife to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condemnation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof, The partit~s intend to secure a mutual 2 II consent, no-fault divorce pursuant to the provis.ions of Section 3301 (c) of the Divorce Code of 1980, as amended. SECTION FOUR EFFECT OF DIVORCE DECREE 4.01. 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 partit3s. 4.02. The parties agree to execute an Affidavit of Consent to the entry of a divorce decree contemporaneously with this document. SECTION FIVE AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE 5.01. The parties agree that the terms of this Agreement shall be incorporated into, but not merged with any divorce decree which may be entered with respect to them. The Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the purpose of enforcement of any of the provisions thereof. SECTION SIX ADVICE OF COUNSEL 6.01. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Bernard A. Yannetli, Jr" Esquire, for Husband and Melissa L. Van Eck, Esquire, for Wife. The parties acknowledge that each has received independent legal advice from counsel of his or her selection and each has been fully informed as to his or her legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully 3 II understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances, The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of duress, undue influence, collusion or improper or illegal agreement or agreements, SECTION SEVEN DISVISION OF PROPERTY 7.01. Tangible Personal Property. The tangible personal property in the possession of each party at the time and date of signing this Agreement shall be their respective separate property. Neither party will make further claim against tangible personal property in the possession of the other spouse, hereafter. The parties shall retain items of personal property they brought into the marriage. 7.02. Intangible Personal Property. The intangible personal property in the possession, control or title of each party at the time and date of signing this Agreement shall be their respective separate property. Neithm party will make further claim against intangible personal property in the possession of the other spouse, hereafter. The parties shall retain items of intangible personal property they brought into the marriage. 7.03. Motor Vehicles. With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The vehicles in Husband's possession shall be the sole and exclusive property of Husband, with the sole responsibility of any debt attached thereto. 4 II il (b) The vehicles in Wife's possession shall hereafter be the sole and exclusive property of Wife, with the sole responsibility of any debt attached thereto. (c) The parties agree to execute any documents necessary to effectuate the provisions of this Pmagraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on distribution date. (d) In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the documents of title are in the hands of such bank and/or lienholder, 7.04. Real Estate. Husband and Wife have previously disposed of and distributed any sums from real estate that they may have owned as marital property. This asset has been sellled in its entirety, 5 " SECTION EIGHT EXISTING AND FUTURE PERSONAL OBLIGATIONS 8.01. The parties hereby agree that all oxisting personal liabilities, debts and obligations of every description which have been incurred by either of them shall be paid in a timely fashion by the party who is assi9ned responsibility for the said liability. Husband and Wife each hereby indemnify the other and guarantee to hold each other harmless for any and all payments, charges or penalties due on account of any liability which is made the sole responsibility of Husband or Wife. 8.02. Husband and Wife each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. 8.03. Except as may be otherwise expressly provided herein, the parties agree that all joint credit and/or charge accounts shall be terminated immediately, and that no charges shall be incurred by either party against any joint account from the date of execution hereof. 6 " 8.04. Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligatlions which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right of obligation, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital re,lationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not l,xpressly set forth herein. (b) Each party hereby absolutely :and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether nor existing or hereafter arising. The above release shall be eIfective regardless of whether such claims arise out of any former or futuro acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether 7 II arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior to subsequent to this Agreement. (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. SECTION NINE WAIVER OF RETIREMENT BENEFITS 9.01. Husband and Wife hereby specifically release and waive any and all interest, claim or right that he or she may have to any and all retirement benefits (including pension, 401 (k), or profit sharing benefits) or other similar benefits of the other party. The parties further acknowledge and a9ree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this Paragraph, 8 II SECTION TEN RELEASE OF ESTATE RIGHTS 10.01. Each party expressly releases all right to share in the estate of the other party, or to serve as executor or administrator of the estate of the other party, except only as provided by Will or Codicil executed after the date of this Agreement. SECTION ELEVEN ALIMONY -SUPPORT 11.01. Husband and Wife do hereby waive, release and give up any rights which either may have against the other to receive alimony or other post-divorce maintenance or support. It shall be, from the ex(~cution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any support from the other party. SECTION TWELVE TAX PROVISIONS 12.01. For the purposes of this divorce, and for each and every year hereafter, the parties may file taxes separately. SECTION THIRTEEN ATTORNEYS' FEES AND OTHER COSTS 13.01. Each party hereby agrees to be solely responsible for her or his own counsel fees, costs and expenses and that neither shall seek any contribution thereto from the other party except as otherwise expressly provided herein. However, Husband does agree to pay attorney's fees in the amount of $993.50 as fees incurred by Wife. This is in consideration of other covenants and promises contained in the marital settlement agreement. 9 II 13.02. Except as otherwise provided in this Agreement, if either party shall bring an action or other proceeding to enforce this A!~reement, or to enforce or modify any judgment or order made by a court of competent jurisdiction in connection with this Agreement, or the divorce of the parties, or to obtain any judgment relating to or arising from the subject matter of this Agreement, the court in that action or proceeding shall have the power to take against either party whatever order it deems proper under the then circumstances for attorney's fees and other reasonably necessary costs, SECTION FOURTEEN EXECUTION OF NECESSA,RY INSTRUMENTS 14.01. The parties, and each of them, shall hereafter execute all instruments necessary to carry out the terms of this Agreement. SECTION FIFTEEN ENFORCEMENT 15.01. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under the Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal mmedies as may be available, and the defaulting party shall pay the reasonable legal fees for such services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. SECTION SIXTE,EN INTERPRETATION 16.01. This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 10 \I SECTION SEVENTEEN HEADINGS 17.01. Section and subsection headings contained in this Agreement are for convenience only, and are not substantive content of the Agreement. SECTION EIGHTEEN WAIVER OR MODIFICATION TO BE IN WRITING 18.01. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. SECTION NINETEEN BINDING EFFECT 19.01. This Agreement shall be binding on the parties hereto, their heirs, personal representatives, and assigns. SECTION TWENTY FULL DISCLOSURE 20.01. Each party represents to the other that he or she has made full, complete, and accurate disclosure of all of his, her and their assets and liabilities, and that each is relying upon the disclosure of the other in the making of this Agreement. 11 II SECTION TWENTY-ONE INTEGRATION 21.01. 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. SECTION TWENTY.TWO BANKRUPTCY OR REORGANIZATION PROCEDDINGS 22.01. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth hemin, including all attorneys' fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable. SECTION TWENTY-THREE OTHER DOCUMENT'ATION 23.01. Wife and Husband covenant and agree that they will forthwith (and within at most ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 12 1\ SECTION TWENTY-FOUR NO WAIVER OF DEFAULT 24.01. 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 the waiver of any breach of any provision hereof be construed as a waiver 01f strict performance of any other obligations herein, SECTION TWENTY.FIVE SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS 25.01. 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 or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 13 II SECTION TWENTY-SIX EFFECT OF RECONCILIATION OR RECONCiliATION ATTEMPT 26.01. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION TWENTY-SEVEN CONFIDENTIALITY 27.01. This Agreement and the documents produced in the process of negotiating the provisions hereof ("documents") shall not be filed with any public official or otherwise placed on public record, except as may be necessary and required in connection with a divorce proceeding or in ordm to enforce any of the terms hereof. The parties shall cooperate in an effort to seal the record in any divorce proceeding as it may relate to this Agreement or the documents. The parties further agree that, subject to required disclosure by subpoena, deposition or other order of a court or governmental agency, neither party shall disclose the terms of this Agreement or the documents as aforesaid or the contents of the attached Schedules (if any) and each shall instruct his or her counsel and other experts to maintain this confidentiality, In the event of any subpoena, deposition or other order requiring disclosure of this Agreement or the documents as aforesaid, the party receiving such subpoena, deposition notice, or other order as aforesaid will notify the other and allow the other to defend against such disclosure at the defending party's own costs. The foregoing prohibition of disclosure shall not apply to discussions with the parties' children or disclosure to any proposed spouse of either party in connection with representation being made in a pre-marital agreement between a party hereto and such proposed new spouse. 14 II IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. ~~ David A. Washburn ~h M. WashbU'; 15 II COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF ADAMS On this /l7f1} day of , 2005, before me, a notary public, the undersigned officer, personallyap ared David A. Washburn, known to me, or satisfactorily proven, to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. ~mm f) /Z)~i1JMJ Notary Public 12Ji~sl COMMONWEALTH OF PENNSYLVANIA COUNTY OF l)1~k() . ss. On this J71!z. day of A-kr ,2005, before me, a notary public, the undersigned officer, personally appeared Elizabeth M. Washburn, known to me, or satisfactorily proven, to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. AM N01ARIAL SEAL city of ~ S', MASON, Notary Public My Com~~~~bonUl'gE' PA Dauphin County __~~une 10, 2006 16 _-'1 ----- ~ - . '" .t,_...~~,'IZ \ ~---~.. ~~i'~.~j.S'!)~~.~/,~ ;"~" -;~ f'~_l ~l,tk.___ no\,: \\!1l\1'1 ." .",>: ,- - ... \" ,'\: ;-\I?',: ~~"_ ~~('~ .....- n G~ ....' ~~J ,-,::I ~J"\ " fJ; Q, .-I -';:-.-r'\ fn~ :0~::~: :.~} ~',-f\ :")\ .., ;~ ::<:. ::;:'. .r:::" ~:~ ELIZABETH M. WASHBURN, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DIVORCE DAVID A. WASHBURN, Defendant NO. 05-1537 Civil Term AFFIDAVIT OF CONSEN1[ I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 22, 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 of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are trul~ 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: 1f/a.q! 05 ~lJ1~ Plaint' () c: -~ q, ~-;rJ :g~ C)C> .:-<1..."-i :c. .In -,> 0-" ~ ~-~~ ~. ~~ ~ r- .c< f.J) ~ 'h <f' T>" c: C;" r...:> "" ~:'i v ELIZABETH M. WASHBURN, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DIVORCE DAVID A. WASHBURN, Defendant NO. 05-1537 Civil Term WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 (C) OF THE DIVORCE CODE I. I consent to the entry ofa 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 Dt~cree 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.!j 4904 relating to unsworn falsification to authorities. Date: J;jag! 05 ~ ~ -p;. ci/" >:-' ..P Q-. ~-:g {\'\\s:' "0(") ...-\:1 \~"\ .C:.,lA. .-"'''''-;''1. --::~~\ t) "'1,...('\' t_~, ~ '."'- .".. ~ ~:;:. .' r;' <..P ELIZABETH M. WASHBURN, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DIVORCE DAVID A. WASHBURN, Defendant NO. 05-1537 Civil Term PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following infonnation, to the court for entry of an appropriate decree: Code. I. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and manner of service ofthe complaint: Served via certified mail on March 29, 2005. Affidavit of Service filed on April 4, 2005. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff on July 29,2005; by defendant June: 27, 2005. (b)(l) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: N/A; (2) Date of service of the plaintiff's affidavit upon the ddendant: N/ A. 4. Related claims pending: None. The parties resolved their property issues through a Marital Settlement Agreement executed on May 27,2005. A true and correct copy of the Marital Settlement Agreement is attached to the Divorce Decree. 5. Complete either (a) or (b). a. Date and manner of service of the notice of intention to file praecipe a copy of which is attached: b. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: Executed on July 29,2005; filed simultaneously with this Praecipe. Date Defendant's Waiver of Notice was filed with the Prothonotary: Executed on June 27, 2005; filed June 29, 2005. R,espectfully submitted, L .....j Melis a . Van Eck, Esquire Attorney ID No.: 85869 7810 Allentown Blvd., Suite B Harrisburg,PA 17112 (717) 540-5406 Date:_<1> /' ~5 /[0 CERTIFICATE OF SERVICE I, Melissa L. Van Eck, Esquire, counsel for Elizabeth Washburn, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Praecipe to Transmit was served upon David A. Washburn, by depositing same in the United States mail, first class, on , addressed as follows: Bernard A. Yannetti, Jr., Esquirt~ 126 Baltimore Street Gettysburg, P A 17325 Date: ~ /{)J{[j ~Ii)jufdt 7810 Allentown Blvd., Suite B Harrisburg, P A 17112 Telephone: 717-540-5406 Attorney for Plaintiff C2 (, "" = c:..'J ..." ~ ...., "':C-r) rnr n~ -=By ---'() -~-'i:, ----r1 ,~-) - ") :~--:(n "J' ~:-\ Jfj '< ~~ -::.- C<; 1',) cO ~-: " ...- "" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;f. Of. :+: :+: :t::f. :f. :f.~:+:~:f.:+::f.:+::+:~:f.:+::+::+::f.:+::f. :f.~:+:~~~:f.~:f.:+:~:f.:+: ~~ . . . . . . . . . . . . . . . . . . . ~i"ilrrp.r~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . , , 1!iiHIiif.;!;;ldi . . ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ELIZABETH M- WASHBURN PENNA. STATE OF No. 00;-1537 PLAINTIFF VERSUS DAVID A. WASHBURN DEFENDAN'l' DECREE IN DIVORCE ay_v J/" , 24Cr-, IT IS ORDERED AND AND NOW, F.LIZABETH M, WASHBURN DECREED THAT , PLAINTIFF, DAVID A. WASHBURN AND DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None: the oarties executed the Marital Settlement Aareement ., 2005. which is incoroorated but not meraed herein- . . . . . . . . . . . . . . J. PROTHONOTARY . . . . . . . . . ;t''t;:t';f.'t; ;t' ;t' ;t' :t':+::+: :+:;t':+:~:+:;t':+: ,..~~:+:~~ ;t' ~:+:~:+:~:+:~:+:;t':+:;t':+:~:+:;t' c~' ~ i- "'-~. ry"J/., 50' e !; 'Yf/!'-"" ~ f1Ir" IJdJ .(YJ 50eb ?f7:J 14Z1(! 1 - ...... .. .....';.. AJ. ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 8i(jlodVl M,'v\h~n~ffrV) ~ Vs File No. !)aVld- A. Wa;n~Uft1 Defendant 05 -/537 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] _ prior to the entry of a Final Decree in Divorce, or .:t- after the entry of a Final Decree in Divorce dated . 8 \,) I-()E; hereby elects to resume the prior surname of -., ,DeqJid gives this written notice avowing his / her intention pursu Date: q - rq -0.5 , ~~~~ COMMONWEALTH OF PENN~YLVANIA ) COUNTY OF 0.vm~>Hlfiu On the LJ....- day of OJ f)t InJ..uJ , 2005, before me, the Prothonotary or the I notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. N at. c PROTHONOTARY. NOTARY PUBLIC CARUSlE CUMBERLAND COUNTY COURT HOUSE MY COMMISSION EXPIRES JANUARY 2, 2006 (') ..... -:-J <= ~ ~ c: <= '=..""" "" ~ -oCC: </> ...... tS1p ", f.f,~ " -0 \ --:7 ( ~~ -. ~"2~;~' \.D ~ .:;::C :e:f1 ~1.;: (- -0 01-. 50 ::; 90 0<;'1. ~ L. - Gm "- ~ ., ~ Z, c..n ~ -J l