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HomeMy WebLinkAbout01-4209 ., ff~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY f~ ..~ STATE OF PENNA. NANCY H. RISHEL, Plaintiff No, 01-4209 VERSUS ALAN F. RISHEL, Defendant IN DIVORCE DECREE IN AND DIVORCE NOW'~~ ~ A ~~/~ ~f , IT IS ORDERED AND DECREED THAT NANCY H. RISHEL , P LA I NT IFF, ALAN F. RISHEL AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRI MONY. 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 terms of the Property Settlement and Separation Agreement dated July 31, 2001 are incorporated, but not merged, in Divorce. H.~ ~ ~/?, /t?'-iel ~p~~~;P9 /t1{c/ ~ '. . .... ~,< ~. SAlOIS iHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle. PA 1 NANCY H, RISHEL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 - 4209 CIVIL TERM Plaintiff V5. ALAN F, RISHEL, Defendant : IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this ,.j i day of .J IA.. I L{ 2001, between ALAN F. RISHEL, of 241 Arch Street, First Floor Rear, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Husband, A N D NANCY H. RISHEL, of 111 Cold Spring Road, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on August 23, 1986 in Farmington, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland Commonwealth of Pennsylvania, to Number 01 - 4209 Civil Term; and R.3: The parties' hereto desire to settle not limited, of all matters between them relating to the ownership of real fully and finally their respective financial and property rights and obligations including, but and personal property, claims for spousal support, alimony, alimony pendente lite; and SAlOIS mUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle. P A ~ R4: The parties also desire to settle their issues of custody of their minor child, Emma Rishel, born September 29, 1990, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action, and will execute and file the necessary documents to finalize the divorce after the expiration of ninety (90) days of the service of the Complaint and the moving party shall move for the entry of the divorce decree at that time. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 111 Cold Spring Road, Carlisle, Pennsylvania. Husband agrees within thirty (30) days of the date of this Agreement that he shall convey the real estate with improvements thereon erected at 111 Cold Spring Road, Carlisle, Cumberland County, Pennsylvania to Wife by special SAIDIS iHUFF, FLOWER & LINDSAY AITORNEYSoAToLAW 26 W. High Street Carlisle, P A 7 warranty deed. Said deed shall be held in escrow by SAlOIS, SHUFF, FLOWER & LINDSAY until such time as the property has been refinanced as set out below. Wife shall pay for all household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, wife shall hold husband harmless and indemnify him from any loss thereon. Wife shall refinance said mortgage obligations within 45 days of the date of this agreement at which time the escrow deed shall be released to him or her. (4) DEBT: A. MARTIAL DEBT: Husband and Wife acknowledge and agree that th re are no other outstanding debts and obligations which are martial or for which the other ght be liable incurred prior to the signing of this Agreement, except as follows: i. MBNA Visa - 549099049901 ii. Visa Gold Card iii. Line of Credit 1: Husband shall pay the obligations to Visa on the gold card by making timely monthly payments in at least the minimum amount required by the creditors until paid in full. 2: Wife shall pay the obligations to MBNA Visa by making timely monthly payments in at least the minimum amount required by the creditors until paid in full. 3. The parties will retire the line of credit by making payments thereon as they have been doing the period of separation until paid in full. The parties anticipate the payment in full of that account by the time that wife refinances the marital home. SAlOIS ;HUFF, FLOWER & LINDSAY AlTORNEYSoAToLAW Z6 W. High Street Carlisle. P A Each party shall pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on August 17, 2000, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Specifically, Husband will retain the jointly titled 1993 Nissan and his 1982 pre-marital van and Wife will retain the 1987 Honda presently titled in Wife's name. Because a second mortgage on the marital home financed the 1993 Nissan, Husband will transfer to Wife, in addition to those amounts set out in Paragraph (7) hereinafter, $5,215.00 from his ING IRA into an IRA with ING for Wife. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, SAIDIS iHUFF, FLOWER & LINDSAY 4ITORNEYSoAToLAW 26 W. High Street Carlisle. P A r' appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. Nevertheless, within ten (10) days of the date of this Agreement, Husband will transfer from his lNG-IRA to Wife's lNG-IRA, $36,502.00 to effect equitable distribution of the parties' assets as set out on the attached exhibit, which sum is comprised of $31,287.00 to effect equitable distribution, and $5,215.00 in consideration of the second mortgage on the marital home used to purchase Husband's vehicle. The parties hereto warrant that those assets are all of the assets of which they have knowledge. Wife will retain the equity in the marital home, her Motor Truck 401 (k) plan, and her lNG-IRA. SAID IS HUFF, FLOWER & LINDSAY AITORNEYSoAToLi\W 26 W. High Street Carlisle. P A ~ . (8) CUSTODY OF CHILD: The parties agree that legal custody of their minor child, Emma Rishel, shall be joint, with both parties having the right to make major parenting decisions affecting the children's health, education and welfare. Wife shall have primary physical custody of the children subject to Husband's partial physical custody at such times as the parties can agree. (9) PRIVATE SCHOOL TUITION: Husband will pay 60% of the private school tuition of the child for her elementary and secondary education, and shall pay for the child's post-secondary education, including tuition, room and board in a percentage equivalent to the percentage of his gross annual income, without deduction, to the gross annual income, without deductions, of both parties, and Wife shall pay for the child's post-secondary education, including tuition, room and board in proportion of her gross annual income, without deductions, to the parties' combined gross annual income. These determinations will be made on or about April 16th of every year commencing the year prior to the child's first year of post-secondary education and continuing until graduation. This commitment does not require the parties to pay for graduate study. (10) ALIMONY: HUSBAND agrees to pay to WIFE as alimony the sum of $100.00 per month commencing the 1st day of August, 2001, and continuing in equal amounts on the same day of each subsequent month until the occurrence of one of the following: 1. The death of WIFE 2. The death of HUSBAND 3. The remarriage or cohabitation of WIFE with a member of SAIDIS HUFF, FLOWER & LINDSAY ATIORNEYSeATeLAW 26 W. High Street Carlisle. P A the opposite sex not within the degrees of consanguinity 4. Modification by a Court of competent jurisdiction upon the showing of a substantial change in circumstances. The parties acknowledge that they know one another's Social Security Number. Alimony payments shall be deductible from Husband's gross in come for the purpose of filing federal income tax returns and includible in Wife's gross income for the same purpose. The alimony payment set out herein shall be payable to the Office of Domestic Relations of Cumberland County or the Office of Domestic Relations of a county having jurisdiction over HUSBAND. Enforcement shall be by attachment of Husband's wages. In the event that an overpayment in the amount of alimony is made, WIFE will refund said overpayment to HUSBAND within ten days of receipt and notice of its payment in error. (11) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by Carol J. Lindsay, Esquire, and Husband has been advised that he may be represented by counsel of choice. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. SAlOIS mUFF, FLOWER & LINDSAY "rroRNEYSoAToLAW 26 W. High Street Carlisle. P A ~ (12) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (13) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (14) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' martial assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (15) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, as set out on Exhibit "A" SAID IS mUFF, FLOWER & LINDSAY ATTORNEYS"AT"LAW 26 W. High Street Carlisle, PA )I attached hereto, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (16) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (17) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof, It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (18) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: SAlOIS :HUFF, FLOWER & LINDSAY AITORNEYSoI\Tol.AW 26 W. High Street Carlisle, P A ~ A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; c. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; . SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A ~ I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (19) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (20) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (21) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (22) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (23) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. .. SAIDIS .HUFF, FLOWER & LINDSAY tlTroRNEYS.,\ToLA W 26 W. High Street Carlisle. PA . I IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: !~(~~ Alan F. Rishel Ncvv~ Ii. ~~ NancYH? Rishel Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY H. RISHEL, V5. CIVIL ACTION - LAW NO. 01 - 4209 CIVIL TERM ALAN F. RISHEL, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: (b) Date Plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: November 28,2001 Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: November 28, 2001 Carol o ..- o ~ o "-0 \.'.>.~ r'C\I'. ~/ f:~t,- ~"'- , .., ,,-_~,J C..J ""2:. 2 ~:.~ (- ..- (..0 o ~~;. (-~~ .> r.._~ ::<- ::t -::::.' ....1 -;-:: o .-1 -'0 .~ -------------- .~-~.--- _____.e._ l- I I Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - LIJO? CIVIL TERM NANCY H. RISHEL, VS. ALAN F. RISHEL, Defendant IN DIVORCE 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 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. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff AITORNEYS.AT.LAW 26 W. High Street Carlisle, P A By: SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYSoAToLAW 26 W. High Street Carlisle, PA NANCY H. RISHEL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 - it ,;21)9 Plaintiff VS. CIVIL TERM ALAN F. RISHEL, Defendant : IN DIVORCE COMPLAINT NANCY H. RISHEL, Plaintiff, by her attorneys, SAlOIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is NANCY H. RISHEL, who currently resides at 111 Cold Spring Road, Carlisle, Cumberland County, Pennsylvania, where she has resided since 1988. 2. The Defendant is ALAN F. RISHEL, who currently resides at 241 Arch Street, First Floor Rear, Carlisle, Cumberland County, Pennsylvania, where he has resided since August 17, 2000. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 23, 1986, at Farmington, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYSoAToLA W 26 W. High Street Carlisle. P A 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. Date: '?J4 SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: c...- 'I J ) 1. b'C ( SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYSoAToLA W 26 W. High Street Carlisle, P A . , I I I I I I ! VERIFICA rlON I, the undersigned, hereby verify that the statements made herein 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. AJ~ t ~i!:e~Lut Date: Ju Iy J, ,)00 I J U l 0 3 2001 SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYSoAToLA W 26 W. High Street Carlisle, PA ~ ' NANCY H. RISHEL, ALAN F. RISHEL, Plaintiff V5. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 - 4209 CIVIL TERM : IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce in the above captioned matter l(2-'1(o( Date 0, ." / ",i\ l \ {'-1 Alan F. Rishel, Defendant n <J c;: <' "!-:'P' -rJ f) .. ~ rn .. ) '" ~7 C 1 en \ ,. -< -0 r;:::. ~i?: C --~- C., r',...., > c N "7 a :=j ~...yl ..J -<. "_I ~ ~ SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYSoAToLA W 26 W. High Street Carlisle, PA 1-- i I I I ! NANCY H. RISHEL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 4209 CIVIL TERM Plaintiff V5. ALAN F. RISHEL, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~ 3301 (c) of the Divorce Code was filed on July 10, 2001. 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 entry of a final Decree in 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 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. 4904 relating to unsworn falsification to authorities. /() llVl ~ /J iw tuj Nancy . Rishel, Plaintiff Date: II / Jf / IJ I . () c.:. Z ""0 ('(~ Fill ~t s::: :;; :~., .--,'" -,,- -' 5~~: ~ C', -- (.:5 ~-.- ,"..:> c> -'j""'; - SAIDIS SHUFF, FLOWER & LINDSAY A TTORNEYSoAToLA W 26 W. High Street Carlisle, P A NANCY H. RISHEL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 01 - 4209 CIVIL TERM Plaintiff V5. ALAN F. RISHEL, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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 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. 4904 relating to unsworn falsification to authorities. N{1/J? eLf Ii e;slu I Nancy H. Rishel, Plaintiff Date: 11/ /9/01 o (") ~ ~- """0 i_-~:': rnr 2~ ,~ / 0,. CL~ ~fs ~~ ~~; '<-.. =2 ~ <, ~ --C:.. \:) '1 ('- -,-.. .~ :") r'..) (:::1 II SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS'AT'LAW 26 W. High Street Carlisle, P A II II il " i ji II NANCY H. RISHEL, Ii ,I Ii il II Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 4209 CIVIL TERM V5. ALAN F. RISHEL, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~ 3301 (c) of the Divorce Code was filed on July 10, 2001. 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 entry of a final Decree in 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 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. 4904 relating to unsworn falsification to authorities. / (qlA-\ ~ k!~y Alan F. Rishel, Defendant Date: 1(/(~(i)1 ( o c: <~' ...,.) r':.; n":-: l~:' ._~.... c:' Ii -, ~~. , c/) . 1-.2 c' -~ c... ~:-- ).: 1',,) c.:> -< SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS'AT'LAW 26 W. High Street Carlisle, P A " Ii !i / " ji Ii II Ii NANCY H. RISHEL, II II Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 4209 CIVIL TERM V5. ALAN F. RISHEL, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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 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. 4904 relating to unsworn falsification to authorities. ^{ J 'l l'lt~ 1- if, {~ >\ Alan F. Rishel, Defendant Date: 1 \ (( (0 ( () ( (") .-~..; ~; Sde e"l ["J f:-_: C::I..-_.i ~:l'- . r:~{-'_.\ ~./= .r.:.. --J -<.., SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS'AT'LAW 26 W. High Street Carlisle, P A ,- I NANCY H. RISHEL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 4209 CIVIL TERM Plaintiff V5. ALAN F. RISHEL, Defendant IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME NOTICE IS HEREBY GIVEN that NANCY H. RISHEL, the Plaintiff in the above matter, having been granted a Final Decree in Divorce on December 4, 2001, hereby intends to resume and hereafter use the previous name of Nancy Hyde, and gives this written notice avowing her intention in accordance with the provisions of the Act of April 2, 1980, P.L., 23 P.S. 702, effective July 1, 1980. !\j~ '1Ct~ 4. iZ'StU) Nancy H. Ishel, Petitioner TO BE KNOWN AS: 7VJ-J~ ;j'dciL Nancy Hy COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND ON this, the 5~ day of ~L , 2002, before me, a Notary Public, personally appeared NANCY H. RISHEL, known to me or satisfactory 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 have hereunto set my hand and official seal. NOTARIAL SEAL MERLENE J. MARHEVI<A. NOTARY PUBUC CARLISLE. CUMBERlAND COUNlY, PA MY COMMISSION EXPIRES JUNE 8. 2002 i) -.J-. 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