HomeMy WebLinkAbout05-4189Thomas D. Gould, Esquire
I.D. # 36508
2 East Blain Street
Shiremanstown, PA 17011
(717) 731-1461
MARGARET M. SHENK,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHRISTOPHER W. SHENK,
DEFENDANT
NO. 2005 - YM CIVIL TERM
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 is indignities or irretrievable breakdown
of the marriage, you may request marriage counseling. A list of
marriage counselors is available in the Court Administrator's
Office, Fourth floor, Cumberland County Courthouse, Hanover and
High Streets, 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.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
NOTICE WE AVAILABILITY OF
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a
divorce proceeding filed in the Court of Common Pleas of Cumberland
County. This notice is to advise you that in accordance with
Section 3302(c) of the Divorce Code, you may request that the court
require you and your spouse to attend marriage counseling prior to
a divorce being handed down by the court. A list of professional
marriage counselors is available at the Domestic Relations Office,
13 North Hanover Street, Carlisle, Pennsylvania. You are advised
that this list is kept as a convenience to you and you are not
bound to choose a counselor from this list. All necessary
arrangements and the cost of counseling sessions are to be borne by
you and your spouse.
If you desire to pursue counseling, you must make your request
for counseling within twenty days of the date on which you receive
this notice. Failure to do so will constitute a waiver of your
right to request counseling.
MARGARET M. SHENK,
PLAINTIFF
V.
CHRISTOPHER W. SHENK,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005 - wfg,( CIVIL TERM
IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) OR
3301(d) OF THE DIVORCE CODE IN DIVORCE
1. The Plaintiff is Margaret M. Shenk who resides at P.O.
Box 392, Boiling Springs, Cumberland, Pennsylvania 17007.
2. The Defendant is Christopher W. Shenk who resides at 801
Walnut Street, Apartment 13, Lemoyne, Cumberland County,
Pennsylvania 17043.
3. The Plaintiff and Defendant have been bonafide residents
of 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 June 26, 1976
in Norristown, Montgomery County, Pennsylvania.
5. There have been no prior actions of divorce or annulment
between the parties in this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. The Defendant is not a member of the Armed Services of
the United States or any of its Allies.
B. There were three children born of this marriage: Julia
Christine Shenk, born 12/21/83; Caitlin Marie Shenk, born 09/13/85
and Joseph Albert Shenk, born 04/08/88.
9. The Plaintiff has been advised of the availability of
counseling and that Plaintiff may have the right to request that
the Court require the parties to participate in counseling.
10. Plaintiff requests the court to enter a decree of
divorce.
Thomas D. Gould
Attorney for Plaintiff
I.D. # 36508
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
VERIFICATION
I verify that the statements made in this Complaint are true
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: t?"?? OJr /?r-
M garet M. Shenk
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MARGARET M. SHENK,
PLAINTIFF
V.
CHRISTOPHER W. SHENK,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005 - 4189 CIVIL
IN DIVORCE
AFFIDAVIT OF SERVICE
I, Thomas D. Gould, attorney for Plaintiff, in the above
captioned action for divorce, hereby certify that a conformed and
certified copy of the Complaint in Divorce was served upon the
Defendant by depositing the same in the United States mail,
certified, restricted delivery, on August 16, 2005 pursuant to Rule
1920.4 of the Amendments to the Pennsylvania Rules of Civil
Procedure relating to the Divorce Code. As indicated by the postal
return receipt attached hereto, the Complaint was received by the
Defendant on August 18, 2005.
A L.?
Thomas D. Gould
ID # 36508
Attorney At Law
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
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MARRIAGE SETTLEMENT AGREEMENT
By and between
CHRISTOPHER W. SHENK
- AND -
MARGARET M. SHENK
Dated: OG+o fit- 120 92007
1X1/
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INDEX
PAGE
1. Divorce and Separation ................................................................ 4
2. Division of Property ..................................................................... 4
3. Child Custody .............................................................................. 7
4. College Education ........................................................................ 7
5. Income Tax Prior Returns ............................................................ 7
6. Execution of Additional Documents ........................................... 7
7. Transfers Subject to Liens ........................................................... 8
8. Complete Listing of Property ...................................................... 8
9. Equitable Distribution of Property .............................................. 8
10. Relinquishment of Ownership ..................................................... 9
11. After-Acquired Property .............................................................. 9
12. Debts ............................................................................................. 9
13. Bankruptcy ................................................................................... 10
14. Health Insurance ........................................................................... 10
15. Alimony ........................................................................................ 10
16. Full Disclosure ............................................................................. 10
17. Releases ........................................................................................ 11
18. Indemnification ............................................................................ 11
19. General Provisions ....................................................................... 12
20. Fair and Equitable Contents ......................................................... 12
21. Breach ........................................................................................... 13
22. Independent Separate Covenants ................................................. 13
23. Void Clauses ................................................................................ 13
24. Execution of Documents .............................................................. 13
25. Applicable Law ............................................................................ 14
26. Non-Merger .................................................................................. 14
27. Disclosure and Waiver of Procedural Rights .............................. 14
28. Tax Advice ................................................................................... 15
29. Representation of Parties ............................................................. 16
Signature Page .............................................................................. 16
Acknowledgement Page ............................................................... 17
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MARRIAGE SETTLEMENT AGREEMENT
AGREEMENT MADE this day of , 2007, by
and between Christopher W. Shenk -AND- Margaret M. Shenk, at Harrisburg,
Pennsylvania.
WHEREAS, the parties hereto are husband and wife, having been married
on June 26, 1976, at Montgomery County, Pennsylvania.
WHEREAS, diverse and unhappy differences, disputes and difficulties
have arisen between the parties and it is the intention of Husband and Wife to live
separate and apart for the rest of their natural lives, and the parties desire to settle fully
and finally their respective financial and property rights and obligations as between each
other including, without limitation by specification: settling of all matters between them
relating to the ownership and equitable distribution of real and personal property; settling
of all matters between them relating to the past, present and future support, alimony
and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling
of any and all claims and possible claims by one against the other or against their
respective estates. The parties separated on May 20, 2005.
NOW, THEREFORE, in consideration of the aforegoing premises and of
the mutual promises, covenants and undertakings hereinafter set forth and for other good
and valuable consideration, receipt of which is hereby acknowledged by each of the
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parties, Wife and Husband, each intending to be legally bound hereby, covenant and
agree as follows:
1. Divorce and Separation. The parties agree to the entry of a
decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and
Wife shall at all times hereafter have the right to live separate and apart from each other
and to reside from time to time at such place or places as they shall respectively deem fit,
free from any control, restraint, or interference whatsoever by the other. Neither party
shall molest the other or endeavor to compel the other to cohabit or dwell with him or her
by any legal or other proceedings. The foregoing provision shall not be taken to be an
admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the
cause leading to their living apart. A reconciliation will not void the provisions of this
Agreement.
2. Division of Property. Husband and Wife agree that the following
constitutes an equitable distribution of the marital property:
A. Real Estate. The real estate owned by the parties as tenants by
the entireties situated at 33 Walnut Street, Boiling Springs, Cumberland County,
Pennsylvania, shall be conveyed in fee simple to Wife. Wife shall assume full
responsibility for all maintenance, taxes and the payment of any expenses related to the
home. Wife shall indemnify and save Husband harmless from any liability on the taxes
or other expenses related to the former marital home. The marital home has been
appraised for $152,000.00. Each of the parties accepts this as the fair market value of the
home. There are no current mortgages or other liens against the home. It is therefore
agreed between the parties that Wife shall pay unto Husband the sum of $64,590.00 .
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This payment shall occur through her mortgaging the home, and this agreement is based
upon said payment occurring no more than 90 days from the date of this agreement. This
$64,590.00 payment was calculated by subtracting Wife's interest in Husband's life
insurance policies with Prudential and Nationwide, as well as Husband's responsibility
for the children's student loans, from Husband's 50% share of equity in the home.
B. Pension/retirement accounts. Husband and Wife shall each
maintain their separate pension and/or retirement accounts. Husband relinquishes any
and all rights he may have in Wife's pension/retirement accounts, and Wife relinquishes
any and all rights she may have in Husband's pension/retirement accounts. Each of the
parties specifically waives any right they may have had to request a formal appraisal and
or valuation of the pension and/or retirement accounts of the other. Instead, each of the
parties accepts this provision as fair and equitable, and knowingly waives their right to
formal discovery regarding the actual value of these assets.
C. Life insurance. Husband and Wife shall maintain their
separate life insurance policies. Husband relinquishes any and all rights he may have
unto Wife's life insurance and Wife relinquishes any and all rights she may have unto
Husband's Life insurance policies. Furthermore, each of the parties acknowledges that
the other shall have the right to designate any future beneficiary that they desire.
D. Financial Accounts. Husband and Wife shall maintain their
separate financial accounts. Husband relinquishes any and all rights he may have in
Wife's financial accounts and Wife relinquishes any and all rights she may have in
Husband's financial accounts. Likewise, this shall include any rights that Husband or
Wife may have unto formal discovery regarding the exact amounts of the financial
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accounts of the other. Each accepts this as fair and equitable, and specifically waives the,
right to further discovery regarding the actual values of the accounts.
E. Personal property. Husband and Wife have mutually agreed
to the distribution of their personal property. Each parry has a list of their respective
personal property. Husband has 20 days to remove his items of personal property from
the former marital home. Upon expiration of the 20-day removal period, all personal
property remaining in the former marital home will be deemed abandoned by Husband
and shall become the exclusive property of Wife.
3. Income Tax Prior Returns. 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 any 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.
4. Execution of Additional Documents. The parties agree to each
sign Affidavits of Consent. Likewise, the parties agree to promptly execute any deeds,
assignments, titles or other instruments necessary and appropriate to accomplish the
aforesaid division of property, as well as wife's financing of the payment to husband.
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5. Transfers Subject to Liens. Notwithstanding any other
provisions in this document all property transferred hereunder is subject to the existing
lien or liens set forth above. The respective transferee of such property agrees to
indemnify and save harmless the other party from any claim or liability that such other
party may suffer or may be required to pay on account of such lien or encumbrance.
6. Complete Listing of Property. The parties represent and warrant
to each other that the property described in this Agreement represents all of the property
in which they have any right, title and interest, and that such property is subject to no
mortgage, pledge, lien, security interest, encumbrance or charge except those which are
disclosed herein.
7. Equitable Distribution of Property. By this Agreement, the
parties have intended to effect an equitable distribution of their jointly owned property.
The parties have determined that an equitable division of such property conforms to a just
and right standard, with due regard to the rights of each party. The division of existing
marital property is not intended by the parties to constitute in any way a sale or exchange
of assets, and the division is being effectuated without the introduction of outside funds
or other property not constituting a part of the marital estate. It is the intention of the
parties to treat all transfers of property herein as non-taxable.
8. Relinquishment of Ownership. Except as provided herein,
Husband forever relinquishes any right or interest he may now or hereafter have in any
assets now belonging to Wife, and Wife forever relinquishes any right or interest she may
now or hereafter have in any assets now belonging to Husband.
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9. After-Acquired Property. Each of the parties shall hereafter own
and enjoy independently of any claim or right of the other, all items of property, be they
real, personal or mixed, tangible or intangible, which are hereafter acquired by him or
her, 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.
10. Debts.
A. It is specifically stated by each of the parties that there are no
joint marital debts. The parties have no mortgage, no joint car loans, no joint credit
cards, or any other debt that is in the name of both parties.
B. All debts, contracts, obligations or liabilities incurred at any
time in the past or future by either party will be paid promptly by said party, unless and
except as otherwise specifically set forth in this Agreement; and each of the parties hereto
further promises, covenants and agrees that each will now and at all times hereafter save
harmless and keep the other or his or her estate indemnified and save harmless from all
debts or liabilities incurred by him or her, as the case may be, and from all actions, claims
and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever pertaining to such actions, claims and demands. Neither party
shall, as of the date of this Agreement, contract nor incur any debt or liability for which
the other or his or her property may be responsible, and shall indemnify and save
harmless the other from any and all claims or demands made against him or her by reason
of debts or obligations incurred by him or her and from all expenses, legal costs, and
counsel fees unless provided to the contrary herein.
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11. Bankruptcy or Reorganization Proceedings. 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 parry
files such bankruptcy and pursuant thereto obtains a discharge of any obligations
assumed hereunder, the other party shall have the right to terminate this Agreement in
which event the division of the parties' marital assets and all other rights determined by
this Agreement shall be subject to court determination the same as if this Agreement had
never been entered into.
12. Health Insurance. The parties mutually agree that they shall
maintain their own health insurance through their employment.
13. Alimony. The parties mutually agree to forego or waive any right
to alimony, alimony pendente lite, and spousal support.
14. Full Disclosure. Each party hereto confirms that he or she has
relied on the completeness and substantial accuracy of financial disclosures of the other
as an inducement to enter into this Agreement. The parties acknowledge that there has
been no formal discovery conducted in their pending divorce action and that neither has
filed an Inventory and Appraisement as required by §3505(b) of the Pennsylvania
Divorce Code. The rights of either party to pursue a claim for equitable distribution of
any interest owned by the other party in an asset prior to the date of execution hereof
which interest was not disclosed or known by the other parry or his or her counsel prior to
the execution of this Agreement is expressly reserved.
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15. Releases. Each party does hereby remise, release, quitclaim and
forever discharge the other and the estate of the other from any and every claim that each
other may now have, or hereafter have or can have at any time, against the other, or in
and to or against the other's estate, or any part thereof, whether arising out of any former
contracts, engagements or liabilities of the other, or by way of dower or claim in the
nature of dower, widow's rights, or under the intestate laws, or the right to take against
each other's will, or for support or maintenance, or of any other nature whatsoever,
except any rights accruing under this Agreement or as otherwise stated in this Agreement.
16. Indemnification. Each party represents and warrants to the other
that he or she has not incurred any debt, obligation, or other liability, other than described
in this Agreement, on which the other party is or may be liable. Each parry covenants
and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold
the other party liable for any other debts, obligations, liability, act or omission of such
party, such party will at his or her sole expense, defend the other against any such claim
or demand, whether or not well-founded, and that he or she will indemnify and hold
harmless the other party in respect of all damages as resulting therefrom. Damages as
used herein shall include any claim, action, demand, loss, cost, expense, penalty, and
other damage, including without limitation, counsel fees and other costs and expenses
reasonably incurred in investigating or attempting to avoid same or in opposing the
imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any
inaccurate representation made by or on behalf of either Husband or Wife to the other in
this Agreement, any breach of the warranties made by Husband or Wife to the other in
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this Agreement, or breach or default in performance by Husband or Wife of any of the
obligations to be performed by such party hereunder. The Husband or Wife agrees to
give the other prompt written notice of any litigation threatened or instituted against
either party which might constitute the basis for a claim for indemnity pursuant to the
terms of this Agreement.
17. General Provisions. 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.
18. Fair and Equitable Contents. The provisions of this Agreement
and their legal effect have been fully explained to the parties by their respective counsel.
Each party acknowledges that he or she has received independent legal advice from
counsel of his or her selection and that each fully understands the facts and has been fully
informed as to his or her legal rights and obligations. 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, and that execution of this Agreement is not the result of any duress or undue
influence and that it is not the result of any collusion or improper or illegal agreement or
agreements.
19. Breach. It is expressly stipulated that if either party fails in the
due performance of any of his or her material obligations under this Agreement, the other
party shall have the right, at his or her election, to sue for damages for breach thereof, to
II
sue for specific performance, or to seek any other legal remedies as may be available, and
the defaulting party shall pay the reasonable legal fees for any services rendered by the
non-defaulting party's attorney in any action or proceeding to compel performance
hereunder.
20. Independent Separate Covenants. It is specifically understood
and agreed by and between the parties hereto that each paragraph hereof shall be deemed
to be a separate and independent Agreement.
21. 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.
22. Execution of Documents. Each party shall on demand execute
any other documents that may be necessary or advisable to carry out the provisions of
this Agreement.
23. Applicable Law. This Agreement shall be construed under the
laws of the Commonwealth of Pennsylvania.
24. Non-Merger. This Agreement shall not merge with any
subsequent decree in divorce between the parties but shall survive such decree and be
entirely independent thereof. This Agreement shall be incorporated for the purposes of
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enforcement only into any Decree in, Divorce which may be entered with respect to the
parties, but shall not be deemed to have been merged with such Decree.
25. Disclosure and Waiver of Procedural Rights. Each party
understands that he or she has the right to obtain from the other party a complete
Inventory or list of all property that either or both parties own at this time or owned as of
the date of separation, and that each party has the right to have all such property valued
by means of appraisals or otherwise. Both parties understand that they have the right to
have court held hearings and make decisions on the matters covered by this Agreement.
Both parties understand that a court decision concerning the parties' respective rights and
obligations might be different from the provisions of this Agreement.
Each party acknowledges that this Agreement is fair and equitable, that it
adequately provides for his or her needs and is in his or her best interests, and that the
Agreement is not the result of any fraud, duress, or undue influence exercised by either
party upon the other or by any other person or persons upon either party. Both parties
hereby waive the following procedural rights:
a. The right to obtain an Inventory and Appraisement of all marital
and non-marital property as defined by the Pennsylvania Divorce Code.
b. The right to obtain an Income and Expense Statement of the other
party as provided by the Pennsylvania Divorce Code.
C. The right to have property identified and appraised.
d. The right to discovery as provided by the Pennsylvania Rules of
Civil Procedure.
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e. The right to have the Court determine which property is marital
and which is non-marital, and equitably distribute between the parties that
property which the Court determines to be marital, and to set aside to a
party that property which the Court determines to be that party's non-
marital property.
f. The right to have the Court decide any other rights, remedies,
privileges, or obligations covered by this Agreement and/or arising out of
the marital relationship, including but not limited to possible claims for
divorce, child or spousal support, alimony, alimony pendente lite,
equitable distribution, custody, visitation, and counsel fees, costs and
expenses.
26. Tax Advice. Both parties hereto hereby acknowledge and agree
that they have had the opportunity to retain their own accountants, certified public
accountants, tax advisor, or tax attorney with reference to the tax implications of this
Agreement. Further, neither parry has been given any tax advice by their respective
attorneys. Further, both parties hereby acknowledge that they have been advised, by their
respective attorneys, to seek their own independent tax advice by retaining an accountant,
certified public accountant, tax attorney, or tax advisor, with reference to the tax
implications involved in this Agreement. Further, the parties acknowledge and agree that
their signatures to this Agreement serve as their acknowledgement that they have read
this particular paragraph and have had the opportunity to seek independent tax advice.
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27. Representation of Parties. The parties have mutually worked out
the terms of this Marriage Settlement Agreement. Husband has been represented by
Mark T. Silliker, Esquire. Wife has been represented by Thomas D. Gould, Esquire.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
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CTUistopp r W. Shenk
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF BA ?PHiii C(Amberlatrld
On this 14day of nr±&?k4j , 2007, before me Subscriber, a
Notary Public, for the Commonwealth of Pennsylvania, came Margaret M. Shenk, known
to me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement
Agreement.
M gaz M. Shenk
Witness my hand and Notarial seal, the day and year aforesaid.
V'L Xdj/
Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Leola M. Gould, Notary Public
Shiremanstom eoro, Curnbert M Courtly
My Commisslon Expires Arpr. 29, 2008
Member, Pennsylvir izs Aisodation Of Notaries
COMMONWEALTH OF PENNSYLVANIA
15
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COUNTY OF DAUPHIN
On this/lay o , 2007, before me Subscriber, a
Notary Public, for the Commonweal of Pennsylvania, came Christopher W. Shenk,
known to me or satisfactorily proven to be the Husband in the aforegoing Marriage
Settlement Agreement.
P k'dk? 0i ell,
istophe W. Shenk
Witness my hand and Notarial seal, the day and year aforesaid.
r
Notary Public
My Commission Expires:
CNMOMWA
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NOTARIAL E
Recce Dfabbach, pNoOWY Public
Lftw Coma tbn .?tN Nov 30, 201®
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MARGARET M. SHENK,
Plaintiff
V.
CHRISTOPHER W. SHENK,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2005-4189 CIVIL TERM
CIVIL ACTION -LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on August 16, 2005.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since 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. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unsworn falsifications to authorities.
Date: le, 7
Christoph W. Shenk
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MARGARET M. SHENK,
PLAINTIFF
V.
CHRISTOPHER W. SHENK,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-4189 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on August 16, 2005.
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
acknowledge that pursuant to Rule 1920.42(e) I have waived the
requirement that I receive 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 subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED: /
T M. SHENK
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MARGARET M. SHENK,
Plaintiff
V.
CHRISTOPHER W. SHENK,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2005-4189 CIVIL TERM
CIVIL ACTION -LAW
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 in 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.
Section 4904 relating to unworn falsification to authorities.
Date: /L
lak&_
Christophe W. Shbnk
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MARGARET M. SHENK,
PLAINTIFF
V.
CHRISTOPHER W. SHENK,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-4189 CIVIL TERM
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 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 subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED: lO-O 7 &',e "'-t
RG ET M. SHENK
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MARGARET M. SHENK,
PLAINTIFF
V. .
CHRISTOPHER W. SHENK,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005 - 4189 CIVIL
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information,
to the Court for the 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: August 18,
2005, U.S. Mail, Restricted delivery.
3. Date of execution of the affidavit of consent required by
Section 3301(c) of the Divorce Code: By Plaintiff, October 12
2007; By Defendant, September 17, 2007.
4. Related claims pending: None
5. Date Plaintiff's Waiver of Notice in § 3301(c) divorce
was filed with the Prothonotary on October 15, 2007.
Date Defendant's Waiver of Notice in § 3301(c) divorce
was filed with the Prothonotary on October 15, 2007.
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Thomas D. Gould, Esquire
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CFI '
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
MARGARET M. SHENK, ii
Plaintiff
VERSUS
CHRISTOPHER W. SHENK,
Defendant
NO. 2005 - 4189
DECREE IN
DIVORCE
,DEFENDANT,
AND NOW, 04VO?-V [? 2047 , IT IS ORDERED AND
DECREED THAT MARGARET M. SHENK , PLAINTIFF,
AND CHRISTOPHER W. SHENK
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 MARRIAGE SETTLEMENT AGREEMENT DATED OCT-OBER 12, 2007 IS
HEREBY INCORPORATED INTO THIS DECREE IN DIVORCE.
BY THE COURT:
ATT 9BT:
CIVIL
J.
PROTHON111ARY
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