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Home My WebLink About01-4125 ":.:.~( ".:-.~~:' ::.:.~~:: :::.::.~( :::.::.:{ :::~:.~.~:: ):.::~~:: :::.:.~~~:: :':.:.~.~: :.:~::.~~:: }:.~.::: :~~::.~.::: :::.::.~( :::.:.~.:, ::~:.~.:: "::~::.~.:'~::~~:;:::~:+~.~:::::~~~~1C~~::.~~r:~~~~~~;:~;~:.~~~;::::~::.::~~: )::.~(:::.::.~~~::::~~:+~~r::~~;~. - ~~ ~ ~.~ ~.S ~ ~ ~.~ ~ ;.s ~ .::+::..,: :'..:.:.:', >::.~.::: ')~:. ~ ~.41 j ~.41 ~ ~ ~.~ ~~ ~ ~..41 ~ ~.~ ~ ~.41 ~ ~.41 ~ '.' f.., ~ ~ ~.41 ~\ ~~ '.' ~ '.' ~ '.' l/: ~ ~.# ~ '.' ~ v j ~.~ ~~~ ~ i. ~ ~.~ ~.~ ~ ~.~ ~ ~.~ ~ ~ tt.~ ~ ~.41 ~ ~.41 ~ ~.41 ~ ~.41 ~ '.' f..~ ~ ;.~ ~ f..~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ STATE OF PENNA. DYANN M. MITCHELL N 01-4125 (). """"",'....,....... Versus JAMES L. MITCHELL AND NOW, DECREE IN DIVORCE . . . ,tY.~ . .\~. . . .. " ?~ .QI, it is ordered and decreed that... ~Y~?-?-. ~:. ~.i.t~~.e.l~.... . ........ .,..,. "., .. ...., plaintiff, and. . .J:~lI!~~ .~.. .t1~~c;~~P. . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of ryqord in this action for which a final order has not yet been entered; tJ{)\Q The terms of the parties' Marital Settlement Agreement, dated October 26, 2001, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I .qIJ.4 .q1;1;qc;lJ~4 .h~1;'etQ .,an. .inc.Qr.PQr.ated .her.ein .but .no~,ro g d .herewith. . . . . . / . #... " /~ '"' '" By T l~ ~ ~ ~l ~ ~.~ Prothonotary Attest: ~.~ ~ ~.~ ~ ,.~ ~ ,.~ ~ ~~~ ~ j tt.~ ~ ~.~ ,., ~ "".. ~ ~.41 ~ ~.~ ~ ~.41 ~~. ~ ~.~ f..~ ~ ~ ~.~ ,.~ ,~ .;.. ~ ~,.;; ',..,' ~ ~.~ ~ '!il ~ ~.~ ~ ~.~ ~ ... ~ ~.41 ~ '.' ~ ',' ~ $ ~ '.' ~ ~ ... J. $ ~ ~ '.' ~ .:.::...:.::.::......:.:.::.:....::.~. '.::.~... .::.:- .::+::. .::.:. .::.:.. ..:.;. .:.;. .::.;.. ..::.:.....::.;..:..::.;.. .~~;..:..::.;. :.::.;. ..::.;....::.::... .::+::. .::.;.' ~ . ~ % ~0J"f ~/t, Ii? filii ~ ~ -;: r' M>;/'V /(l;I', , . .. MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ;,~ ~ day of ()CitJb~ ,2001, by and between DY ANN M. MITCHELL (hereinafter "WIFE") and JAMES L. MITCHELL, (hereinafter "HUSBAND"); WIT N E SSE T H: WHEREAS, the parties hereto were married on August 28, 1998, in Spring Township, Centre County, Pennsylvania; and WHEREAS, the parties have no children of this marriage; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Joanne Harrison Clough, Esquire of Reager & Adler, Pc. HUSBAND is has been advised of his right to be represented by counsel in the negotiation and execution of this Agreement but has elected to represent himself. ... The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to S 3301(c) of the Divorce Code. A divorce action was filed by WIFE with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 01- 4125 on July 3, 2001. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms ofthis Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" ofthis Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Page 2 of 9 Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or 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 arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release form all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. Page 3 of 9 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are not joint owners of any real property. 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9. RETIREMENT BENEFITS. HUSBAND hereby waives any right, title claim or interest he may have whatsoever in any pension, retirement, IRA, 401 K or other retirement benefit of WIFE, and WIFE hereby waives any right, title, claim or interest she may have in any pension, retirement, IRA, 401 K or other retirement benefit of HUSBAND. Page 4 of 9 The parties specifically waive any and all other retirement benefits obtained by the parties pre- marriage, during marriage, and post-separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 10. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 11. LIFE INSURANCE. HUSBAND and WIFE each waive any right, title, claim or interest he or she may have in the life insurance of the other party. 12. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 13, VEHICLES. HUSBAND and WIFE each waive any right, title, claim or interest he or she may have in the motor vehicle of the other party. 14. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. 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 Page 5 of 9 as set forth herein, including all attorney 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, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 15. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification ofthe terms of this Agreement in a court oflaw or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 16. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 17. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. Page 6 of 9 18. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non- marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non- marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 19. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 20. VOID CLAUSES. 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. 21. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 22. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Page 7 of 9 23. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. ~~'-t11.~~ . W itn ss ~~ Dya . Mi hell ~ Ja4t ames L. Ml chell ~<4lk;, WI ness Page 8 of 9 COMMONWEAL TH OF PENNSYL VANIA : SS. COUNTY OF CUMBERLAND On the J ~ "~"- day of D ~ ~ , 200 l, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared, Dyann M. Mitchell, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. /10~ ~.--- Notary Public My Commission Expires: Notarial Seal Deborah L. Brenneman, Notary Public Camp Hill Boro, Cumberland County My Commission Expires June 18,2002 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND On the .~ ~ 'fir- day of C~.A"cW , 2001, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared, James L. Mitchell, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. !JJJ)~ 7f~~ (Notary Public My Commission Expires: Notarial Seal Deborah L. Brenneman, Notary Public Camp Hill Bore, cumberland County My Commission Expires June 18, 2002 ~1'An'hnr rh~,nr,~"t',t" 1\;-1 A<'$OrIAt!Or) at Notanes - Page 9 of 9 0 C) 0 C ., - -] \ J \ \ n'" C:. ~ ~ .- ,- 0 u" < ~< ~''t.1 .;- :-" ) N ,0 ...D -0 5 - DY ANN M. MITCHELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. Ol-4l25 CIVIL TERM JAMES L. MITCHELL, Defendant CIVIL ACTION - LAW 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 9 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on the 18th day of July, 2001, by Acceptance of Service. 3. Date of execution of the Affidavit of Consent required by 9 3301(c) of the Divorce Code: by Dyann Mitchell, Plaintiff, on October 26,2001; by James L. Mitchell, Defendant, on October 26, 2001. 4. Related claims pending: Settled by Agreement dated October 26,2001. , ~ 5. Date Plaintiffs Waiver of Notice in 9 3301(c) Divorce was filed with the Prothonotary: November 1,2001 Date Defendant's Waiver of Notice in 9 3301(c) Divorce was filed with the Prothonotary: November 1,2001 DATED: 11-1- 0 f By: Respectfully submitted, JO~ N J.D. o.3646l 2331 Market Street Camp Hill, P A 17011-4642 (717) 763-1383 Attorneys for Plaintiff a o ifjr; C::. Q < (~~t _/ ~~~' L N ...0 3 c:.' :s- ::J , ' -, .. tD -, DY ANN M. MITCHELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - ,).J/U Ciu~ ~~ CIVIL ACTION - LAW IN DIVORCE v. JAMES L. MITCHELL, Defendant 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. 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 the Cumberland County Courthouse, Carlisle, Pennsylvania. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 DY ANN M. MITCHELL, Plaintiff IN THE COURT OF COMMON PLEAS Cillv1BERLAND COUNTY, PENNSYLVANIA NO. OJ- ~/.2:/ Cu~ Iu.-- v. JAMES L. MITCHELL, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DNORCE CODE 1. Plaintiff is Dyann M. Mitchell who has resides at 927 Walnut Street, Lemoyne, Cumberland County, Pennsylvania. 2. Defendant is James L. Mitchell, who resides at 927 Walnut Street, Lemoyne, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 28, 1998 in Spring Township, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there are no children of the parties under the age of eighteen. COUNT I - DIVORCE 10. The Plaintiff avers that the grounds on which the action is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court enter a decree in divorce. Respectfully submitted, GER & ADLER, PC! Date: ~~ 2-,7/'0, By: Joanne Harrison Clou h, Esquire ID #36461 2331 Market Street Camp Hill, P A 17011 717-763-1383 Attorneys for Plaintiff VERIFICATION I, Dyann M. Mitchell, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. 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: 0 - d- ~- o( ~ ~'l -....... ::::- ;t ..t- tV () ~ < --t ~ ~ ~ ~ . v.. CI) ~ :-\ . () 8 6 I I ~~ ~q. J:- C) H :;'.. ~ C.> C:;.( ~. , ' (;oJ; ~,., I, - ..., ) _. _/~ ( ; l -..... N U\ );::. '5 G DY ANN M. MITCHELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4125 JAMES L. MITCHELL, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the 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.C.S. Section 4904 relating to unsworn falsification to authorities. Date: /O-dfo - O{ 9h 1;uM.pQ Y ANN MITCHELL , . . - Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DY ANN M. MITCHELL, v. NO. 01-4125 Defendant CIVIL ACTION - LAW IN DIVORCE JAMES L. MITCHELL, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the 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.C.S. Section 4904 relating to unsworn falsification to authorities. r1-)11:tL~~ JAMES L. MITCHELL Date: /tJ-dfe,-Oj -_...~~..._."-- Q ~ ~ ~ ......1 '"l::;;. '5 L<:- :2. c", ~:<~ ...-:.:J - t<; ..-..1 - 9 o c .~.c;,i.- :_~_=_i C- o <- Cr"\ N .' <S" "'<::> ) " Plaintiff IN THE COURT OF COMMON PLEAS Cillv1BERLAND COUNTY, PENNSYLVANIA DY ANN M. MITCHELL, v. NO. 01-4125 JAMES L. MITCHELL, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. r'/~ JAMES L. MITCHELL DATE: /DcJto - 01 c-:) "0 (;0 - .' 1 . DY ANN M. MITCHELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V AN1A NO. 01-4125 v. JAMES L. MITCHELL, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATE: /O'd0~ 0 ( o 't: o < r=-~ J".:'). .;~~) ;J . , ,.j u I ,~ :,"':"7 - : -".~' .. .....J . .. . Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- 4/~S Cic.;c.l '-r~ CIVIL ACTION - LAW IN DIVORCE DY ANN M. MITCHELL, Plaintiff v. JAMES L. MITCHELL, ~ ACCEPTAN( ~FSERVICE I, James L. Mitchell, hereby accept service of the Complaint in Divorce in the above captioned matter. Date: J ;/ f<T t:';J ( ~ BY~'1-- ~ . / James L. Mitchell a ~ -- ~ N V\ rv . , - ~ "t:) 3 DY ANN M. MITCHELL, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4125 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE JAMES L. MITCHELL, Defendant PRAECIPE TO THE PROTHONOTARY: The Social Security number of the Plaintiff, Dyann M. Mitchell, is 197-40-5622. The Social Security number of the Defendant, James L. Mitchell, is l81-42-94l8. Respectfully submitted, UIRE DATED: LD"'- -SC"'- I) ( By: JOAN H J.D. No. 36461 2331 Market Street Camp Hill, PA l70l1-4642 (717) 763-l383 Attorneys for Plaintiff