HomeMy WebLinkAbout05-1743
FIFILESIDA T AFILEIGeneraIICurrent\7122.193.coml
Created: 9120104 006PM
Revised: 3/15/05 1:24PM
Thomas J. Williams, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
1.0. 17512
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05- r!43 C/~l-'L T'tR...~
CIVIL ACTION - LA W
KIMBERLY MENTZER,
Plaintiff
RICKEY JERONE MENTZER,
Defendant
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
following pages, you must take prompt action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be entered against you by the Court.
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 the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. Upon your request, the Court may require you and your
spouse to attend up to three sessions. A request for counseling must be made in writing and filed
with the Prothonotary within twenty (20) days of receipt of this Notice.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05- /'7'13 c; (.J~ L ~I
CIVIL ACTION - LA W
KIMBERLY MENTZER,
Plaintiff
RICKEY JERONE MENTZER,
Defendant
IN DIVORCE
DIVORCE COMPLAINT UNDER SECTION 330l(C) OF THE DIVORCE CODE
1. Plaintiffis Kimberly Mentzer, who currently resides at 132 North Pitt Street, Carlisle,
Cumberland County, Pennsylvania.
2. Defendant is Ricky Jerone Mentzer, who currently resides at 419 Potato Road,
Carlisle, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of
Pennsylvania for at least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on March 17,2003, Carlisle, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. The marriage is irretrievably broken.
7. Plaintiffhas been advised that counseling is available and that Plaintiff may have the
right to request that the court require the parties to participate in counseling.
8. Plaintiff requests the Court to enter a decree of divorce.
MARTSON DEARDORFF WILLIAMS & OTTO
By
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omas J. Will"ams, Esquire
10 East High Street
Carlisle, PA 17013
(717) 243-3341
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Date: V1 ~{j 1 15
Attorneys for Plaintiff
VERIFICATION
The foregoing Complaint is based upon information which has been gathered by my counsel
in the preparation ofthe lawsuit. The language ofthe document is that of counsel and not my own.
I have read the Complaint and to the extent that the document is based upon information which I
have given to my counsel, it is true and correct to the best of my knowledge, information and belief.
To the extent that the content of the document is that of counsel, I have relied upon counsel in
making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
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KIMBERLY MENTZER,
Plaintiff
V.
RICKEY JERONE MENTZER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION
: NO. 05-1743 CIVIL TERM
: IN DIVORCE
PRAECIPE TO ENTER APPEARANCE
To the Prothonotary:
Please enter my appearance in the above captioned matter on behalf of the
defendant, Rickey Jerone Mentzer.
cc: Thomas J. Williams, Esquire
("'Y>-'~~ ptt V A....yU(
<' tto for Defendant }-
Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
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C,.alOO; QIII9I95 12;OS,35 PM
Revisoo: Q6I2710503:08;18PM
7'I.Jo. OS'. 17'1-3
MARITAL SETTLEMENT AGREEMENT
This Agreement, made this J r:;.f- day of ~ uS r , 1aJ(, , by and between
RlCKEY JERONE MENTZER, 419 Potato Road, Carlisle, Pennsylvania, (hereinafter referred to
as "Husband") and KIMBERLY MENTZER, of 132 North Pitt Street, Carlisle Pennsylvania
(hereinafter referred to as "Wife").
WHEREAS, the parties hereto are Husband and Wife, having been married on
March 17,2003; and
WHEREAS, difficulties have arisen between the parties as a result of which they now desire
to live separate and apart and by this Agreement, to settle all financial and property rights between
them; and
WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain
independent legal advice of counsel of their selection, and that before signing this Agreement, each
has either been fully advised by counsel of their rights and obligations under the law and this
Agreement, or else have waived their right to legal advice. Each party hereby confirms that he or
she has read carefully and fully understands the terms, conditions and provisions of this Agreement
and believes same to be fair, just, adequate and reasonable under the existing facts and
circumstances. The parties further declare that each is executing the Agreement freely and
voluntarily, and not as a result of any fraud, coercion, duress, undue influence or collusion; and
WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement
they have been fully advised by their respective counsel of their rights and obligations, have read
carefully and understand the terms of this Agreement, and have freely consented to this Agreement,
believing it to be fair, just and equitable; and
WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all
property which would be considered "marital property" under the Pennsylvania Divorce Reform Act,
whether titled or owned separately or jointly as well as the value and extent of nonmarital property
held or expected to be held by each other.
NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth
herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows:
1. SEPARATION:
Husband and Wife shall be free from constraint or control by the other as fully as ifhe or she
were unmarried. Neither shall disturb, trouble and interfere in any way with the other or with any
person for associating with the other.
2. RELEASE:
Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes
her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents,
for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit
claim and forever discharge the other party hereto, his or her heirs, executors, administrators or
assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits
at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted
or suffered to be done by said other party prior to and including the date hereof; further, the parties
acknowledge that all rights under the Pennsylvania Divorce Code that are not specifically
incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this
paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations
and promises made and imposed by reason of this Agreement and shall in no way affect any causes
of action in abso lute divorce which either party may have against the other.
3. DIVORCE:
Both parties agree to conclude a no-fault divorce under Section 330 I (c) of the Pennsylvania
Divorce Code filed in the Court of Common Pleas of Cumberland County, No. 05-1743, in
connection therewith, to execute and acknowledge whatever consents or other documents that are
necessary to accomplish this forthwith or as soon hereafter as permitted by applicable law. The
terms ofthis Agreement shall be incorporated but not merged into any Divorce Decree which may
be entered with respect to the parties, and the court shall retain continuing jurisdiction over the
parties and the subject matter of this Agreement for the purpose of enforcement of any of the
provisions hereof.
4. DEBTS:
Both parties agree that, in the future, neither shall cause or permit to be charged to or against
the other any purchase or purchases which either of them may hereafter make and shall not hereafter
create any engagements, debts or obligations in the name of or against each other. Except as
specifically provided herein, each agrees to hold the other free and harmless from any and all debts
and other obligations which he or she may have incurred since the date ofthe separation and agrees
to indemnify and defend the other party from any claim regarding same.
5. PERSONAL PROPERTY:
A. AUTOMOBILES: Wife will receive the 2003 Chevrolet Malibu which is
titled in joint names, and will be transferred solely to Wife as soon as the title is available to do so.
Wife shall be solely responsible for any debts pertaining to said vehicle, and agrees to indemnify,
defend and hold Husband harmless from any claim with respect thereto. Husband will receive the
1984 Ford Truck which is titled in his name, and will hereafter his sole and separate property.
Husband will be solely responsible for any claim with respect to said vehicle and will indemnify,
defend and hold Wife harmless from any claim with respect thereto.
Each party shall be solely responsible for any debts pertaining to his or her said vehicle and
shall indemnify, defend and hold the other harmless from any claim with respect thereto.
B. OTHER PERSONAL PROPERTY:
The parties have heretofore divided the property, both real and personal, which they owned
either together or separately and such division and apportionment is hereby confirmed.
6. REAL PROPERTY: Husband and Wife are the owners two tracts of real estate
in Upper Frankford Township, Cumberland County, Pennsylvania. One tract is known as 429
Potato Road, and it is titled jointly in both parties. The other is an executory interest in an
approximately five acre tract of land across the road from the 429 Potato Road property. This real
estate is currently titled in the name of Robert Bear, and is subject to an Agreement of Sale. Upon
the execution of this Agreement, Wife agrees to sign a Special Warranty Deed prepared by
Husband's attorney with regard to the 429 Potato Road property. Wife hereby renounces her interest
in the said Agreement of Sale with Robert Bear in favor of Husband.
7. HOME EQUITY LINE OF CREDIT: Husband shall be solely responsible
for the M&T Bank home equity line of credit that is in joint names as a lien against the property at
132 North Pitt Street, Carlisle. Wife acknowledges receipt of documentation that Husband has paid
this in full as of the date hereof.
8. ENFORCEMENT:
If either party defaults in the due performance of any of the terms, conditions and covenants
ofthis Agreement on his or her part to be performed, the non-defaulting party shall have the right
to sue for specific performance or damages for the breach ofthis Agreement, and the defaulting party
shall pay the reasonable legal fees for any services rendered by pension the non-defaulting party's
attorney in any action or proceeding to compel the defaulting party's due performance hereunder
as well as costs for bringing the action or proceeding. If either party challenges the validity of this
Agreement and the challenge is not successful, the challenging party shall similarly reimburse the
defending party for all expenses and losses incurred in the defense.
9. ALIMONY AND SUPPORT:
Except as otherwise provided herein, both parties hereby waive, release and give up any
rights which either may have against the other to receive spousal support, alimony, alimony pendente
lite, or expenses. From the execution date of this Agreement, it shall be the sole responsibility of
each party to sustain himself or herself without seeking any economic support from the other.
10. EXECUTION OF DOCUMENTS:
The parties agree to execute all documents that are reasonably necessary to effectuate the
purpose of this Agreement. In the event that either party shall refuse or fail to execute andlor
acknowledge any such document, then the other party shall have, and is hereby granted, the right and
power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact
for the other party to so execute and acknowledge such documents.
11. CONTRACT INTERPRETATION:
For purposes of contract interpretation and for the purpose of resolving any ambiguity
herein, Husband and Wife agree that this Agreement was prepared jointly by their respective
attorneys.
12. AFTER-ACQUIRED PROPERTY:
Each ofthe parties shall hereafter own and enjoy, independently of any claim or right ofthe
other, all items of property, be they real, personal or mixed, tangible or intangible, which is or has
been acquired by him or her after the date of separation, with full power in him or her to dispose of
the same as fully and effectively, in all respects and for all purposes, as though he or she were
unmarried.
13. ADDRESS AND TELEPHONE NUMBER OF PARTIES:
As long as any obligations remain to be performed pursuant to the provisions of this
Agreement, each party shall have the affirmative obligation to keep the other informed of his or her
residence address and telephone number, and shall promptlynotity the other in writing of any change
of address by giving the new residence address and telephone number.
14. MISCELLANEOUS:
A. This Agreement constitutes the entire agreement between the parties, being the final
and complete settlement of all matters between them and supersedes any prior written or oral
agreements between them respecting the within subject matter. There are no representations,
agreements, arrangements or understandings, oral or written, between and among the parties hereto
relating to the subject matter of this Agreement which are not fully expressed herein.
B. This Agreement may not be amended, modified, altered or revoked except in writing
executed by both the parties hereto.
C. This Agreement may not be assigned by either party without the prior written consent
of the other party.
D. This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original for all purposes, and all of which together shall constitute one and the same
instrument.
E. This Agreement shall be binding upon the parties hereto, their heirs, executors,
administrators and assigns.
F. This Agreement shall be interpreted under the laws of the Commonwealth of
Pennsylvania in effect as ofthe execution date of this Agreement.
G. Jurisdiction over the parties with regard to any matter covered by this Agreement shall
be in Cumberland County, Pennsylvania. Any reference herein to a court shall be deemed a
reference to the Court of Common Pleas of Cumberland County, Pennsylvania.
H. The failure to strictly enforce any part ofthis Agreement shall not be deemed a waiver
thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other part
of this Agreement.
1. All payments or communications pertaining to matters provided for in this Agreement
may be made or given if delivered or mailed to a party, at such address as either party shall designate
to the other in writing from time to time, or, ifno such designation is made, then to the address as
set forth above.
J. Titles are for convenience and ease of reference only and are not to be considered part
of the Agreement for purposes of interpretation.
K. The term of this Agreement shall continue indefinitely from the effective date hereof
and shall, to the extent possible, survive any future reconciliation of the parties unless they
specifically provide otherwise in writing.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written, intending to be legally bound hereby.
WITNESS:
COMMONWEALTH OF PENNSYLVANIA )
(1 I. d :SS
COUNTY OF~~ )
On this, the J() day Of~ ' 2005, before me, the undersigned officer, personally
appeared Rickey Jerone Mentzer, 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 WI:::EREOF, I hereunto se~ mrand an~~ffiCial seal.
~~i~NIID 1)iJ.J.JN.L ! ( (SEAL)
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COMMONWEALTH OF PENNSYLVANIA )
:SS
COUNTY OF n,,~~ )
On this, the lst day of fk,j 1,(5+ ~O:~efore me, the undersigned officer, personally
appeared Kimberly Mentzer, 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.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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(SEAL)
COMMONWEALTH OF PFNNSYLVANlA
Notarial Seal
Mary M. Price, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Aug. 18. 2007
Member, Pennsylvania ASSOCiatIOn of Nolanes
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F \FILES\DATAFILE\GeneraIICurrentll 1538. I.pral
Created 9/20/04006PM
Revised: 8/26/05 0:01PM
Thomas J. Williams, Esquire
MARTS ON DEARDORFF WILLIAMS & OTTO
LD.17512
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
KlMBERL Y MENTZER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05-1743
CIVIL ACTION - LAW
RICKEY JERONE MENTZER,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce
Code.
2. Date and manner of service of the complaint: Via first class mail on May 11, 2005,
Acceptance of Service signed by Defendant's attorney.
3. Date of execution ofthe Plaintiffs affidavit of consent required by Section 3301 (c)
of the Divorce Code; August 25, 2005; by the Defendant; August 22, 2005.
4. Related claims pending: All related claims have been resolved by a Marital Settlement
Agreement dated August 1, 2005, as filed.
5. Date Plaintiffs Waiver of Notice III g3301(c) Divorce was filed with the
Prothonotary: August 25, 2005.
Date Defendant's Waiver of Notice III g3301(c) Divorce was filed with the
Prothonotary: August 23,2005.
MARTS ON DEARDORFF WILLIAMS & OTTO
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Date: August 26, 2005
By
Thomas J. Willi s, Esquire
Ten East High treet
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
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KIMBERLY MENTZER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYL VANIA
v.
CIVIL ACTION - LAW
RICKEY JERONE MENTZER,
Defendant
NO. 2005-1743 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was
filed on April I, 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 true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.e.S.
section 4904, relating to unsworn falsification to authorities.
Date: ']- 27 Or
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KIMBERLY MENTZER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYL VANIA
V.
CIVIL ACTION - LAW
NO. 2005-1743 CIVIL TERM
RICKEY JERONE MENTZER,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904
relating to unsworn falsification to authorities.
Date: 9;-.;)) 0)"
iZi, fi/Li-
Rickey Jerone'Mentzer, Defendant
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F IFILES\DA T AFILE\GenerallCurrentl 11538_ I _ consenl
Created 9120/04 0:06PM
Revised 7t}.7/055:00PM
Thomas 1. Williams, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
LD.17512
10 East High Street
Carlisle, P A 17013
(717) 243,3341
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
KIMBERLY MENTZER,
Plaintiff
v.
NO. 05-1743
CIVIL ACTION - LAW
RICKEY JERONE MENTZER,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~ 3301(c) of the Divorce Code was filed on
April I, 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entryofa final decree of divorce after service of notice of intention
to request entry ofthe 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 J 18 Pa. C.S. ~ 4904 relating to unsworn
falsification to authorities.
Date: Ct~ d:5, dO~ J
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Thomas J. Williams, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
LD. 17512
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY MENTZER,
Plaintiff
v.
NO. 05-1743
CNIL ACTION - LAW
RICKEY JERONE MENTZER,
Defendant
IN DNORCE
AFFIDAVIT OF CONSENT
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(c) AND & 3301 (d) 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 in 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 waiver are true and correct. I understand that false
statements herein are made subject to the penalties f 18 Pa. C.S. 9 4904 relating to unsworn
falsification to authorities. ..1
Date: ~ .)6,:ND5 l:
Ki be y Mentzer ~intiff
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PEN NA.
KIMBERLY MENTZER
No. 05-1743
VERSUS
RICKEY JERONE MENTZER
DECREE IN
DIVORCE
AND NOW,
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OECREED THAT
KIMBERLY MENTZER
, PLAINTIFF,
AND
RICKEY JERONE MENTZER
, DEFENDANT.
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The Marital Settlement Agreement dated as of August 1, 2005, is
by reference but is not merged into this Decree.
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