Loading...
HomeMy WebLinkAbout06-0324 , . PATRICK WOODS, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. ()0- 3)f : ACTION IN DIVORCE Civil Term LOUISE K. WOODS. 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, including custody or visitation of your children. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY. DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3 166 " . PATRICK WOODS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N CJ(,- 3;2 ,( o. Plaintiff vs. Civil Term LOUISE K. WOODS, Defendant ACTION IN DIVORCE COMPLAINT IN DIVORCE L Plaintiff is Patrick WoodsWoods, a competent adult individual, who has resided at 336 3rd St., New Cumberland, Cumberland County, Pennsylvania, 17070 since 2004. 2. Defendant is Louise K. Woods, a competent adult individual, who resides at 10012 Femdale Street, Philadelphia, Pa., 19116. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on December 20, 1971 in Millboume, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have two children together, however, both are adults. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces ofthe United States of any of its allies. , 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. 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. 94904 relating to unsworn falsification to authorities. (iJfhr~ Pa rick Woods, Plaintiff Date: 1.- I ~ - !J Jan Adams, Esquire J. . No. 79465 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ("----" ,'" f":-- \ c) "" "-...1 "-- r> ~~-~ ,_I ~ (~ ,,< ~ p -- : -...;.' '-" '-N '-N ~ , ~ v1 ('.::.' ~. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0(,.32 'I Civil Term PATRICK WOODS, vs. LOUISE K. WOODS, Defendant ACTION IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter- affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT OF SEPARATION 1. The parties to this action separated in June 10, 1977, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses if{ do not claim them before a divorce is granted. 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 falsification to authorities. """~d" paffl!:1l!~ G0. Qc::---.\J . ~- r- ~. ~ ~ ~ ~ c.:, '$ "., f"-.) <:.-.-, C) Ii c_ :-:-1 ;-:;1 ii, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PATRICK WOODS, vs. No. Civil Term 06 - 324 LOUISE K. WOODS, Defendant ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this February 1,2006, I, Jane Adams, Esquire, hereby certify that on January 21,2006, a certified true copy of the NOTICE TO DEFEND, COMPLAINT IN DIVORCE, AND AFFIDA VII OF SEPARATION were served, via certified mail, return receipt requested, addressed to: Louise Woods 10012 Ferndale St. Philadelphia, DEFENDANT SENDER: COMPLETE THIS SECTION . Complete items 1, 2. and 3. Also complete item 4 jf Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or onthe front if space permits. 1. ArtICle. Addressed to: J.JOUIS:C I>JOOD8 10012 FERNn~~E ~T Yr1IT,AD-EI..lPHTA. 1.:"\ 19110 2. Article Number (Transfer from service label) , PS Form 3811, February 2004 , . . . . 1/ U~" L/t...- 0 Agent o Addressee C. Date of Delivery 3. Service Type ~ Certified Mail ~ Registered o Insured Mail o Express Mail o Return Receipt for MerchandIse DC.Q,Q. 4. Restricted Delivery? (Extra Fee) Yes 7004 1350 0003 7288 4264 102595-02-M-1540 Domestic Return Receipt Respectfully Submitted: e Adams, Esquire . No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ~ ~ -n G t - -0 .0;::. o -" -' :J:;-r1 f1'"\r:= -eel --~ \...; (-s.{~) -::c:)," :'::>0 ,."--" r-n ,.-~ ';2 ,,*"'. :Z - .' (J'1 r<> Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PATRICK WOODS, vs. No. 06 - 324 Civil Term LOUISE K. WOODS, Defendant ACTION IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 330Hd) of the DIVORCE CODE 1. Check either (a) or (b): _(a) I do not oppose the entry of a divorce decree. _(b) I oppose the entry of a divorce decree because: (Check (i),(ii), or both:) _(i) The parties to this action have not lived separate and apart for a period of at least two years. _(ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _(a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, and expenses if! do not claim them before a divorce is granted. 0b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees, or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If! fail to do so before the date set forth on the Notice of!ntention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verifY that the statements made in this counter-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:Y ~3 k 6 I {Lh~{7 ~ . Louise K. Woods, Defendant -" NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make a claim for economic relief, you need not file the counter-affidavit. ,"-' ,~ Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PATRICK WOODS, vs. No. 06 - 324 Civil Term LOUISE K. WOODS, Defendant ACTION 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: I. Ground for divorce: irretrievable breakdown under &330Hd) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered bv certified mail. restricted- deliverv. Delivered on: Januarv 21. 2006. 3. Date of execution of the affidavit required by S3301(d) of the Divorce Code: By Plaintiff: January 13,2006, Date of filing and service ofthe plaintiff's affidavit of separation required by S3301(d) of the Divorce Code on respondent: Filed: January 17. 2006. Served on Defendant: January 21. 2006. Affidavit of Service filed: February I. 2006 4. Related claims pending: No claims raised. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which was filed of record with the Prothonotary: Served via certified mail. restricted deliverv. return receipt reouested on February 2 L 2006. Date: ?/3/ ~ --~-~- r-, - -- Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PATRICK WOODS, vs. : No. 06 - 324 Civil Term LOUISE K. WOODS, Defendant : ACTION IN DIVORCE NOTICE OF INTENT TO REOUEST ENTRY OF DIVORCE DECREE TO: Louise K. Woods 10012 Femdale St. PhiladelDhia. Pa. 19116 Date: February 16.2006 You have been sued in an action for divorce. You have failed to answer the Complaint or file a Counter-Affidavit to the 3301(d) affidavit. Therefore, in twenty days, after March 8, 2006, the Plaintiff can request the Court to enter a final decree in divorce. If you do not file with the Prothonotary ofthe Court an answer with your signature notarized or verified or a Counter-Affidavit by the date above, the Court can enter a final decree in Divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of your counter-affidavit alone does not protect your economic claims. 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 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYL VANIA PATRICK WOODS, vs. No. 06 - 324 Civil Term LOUISE K. WOODS, Defendant ACTION IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 330Hd) ofthe DIVORCE CODE 1. Check either (a) or (b): _(a) I do not oppose the entry of a divorce decree. _(b) I oppose the entry of a divorce decree because: (Check (i),(ii), or both:) _(i) The parties to this action have not lived separate and apart for a period of at least two years. _(ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _(a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, and expenses if] do not claim them before a divorce is granted. _(b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees, or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If] fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verifY that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Date: Louise K. Woods, Defendant NOTICE: rfyou do not wish to oppose the entry of a divorce decree and you do not wish to make a claim for economic relief, you need not file the counter-affidavit. "-,) ---------"- PATRICK WOODS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 324 Civil Term LOUISE K. WOODS, Defendant ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this March 13, 2006, I, Jane Adams, Esquire, hereby certify that on February 21, 2006, a certified true copy ofthe NOTICE OF INTENT TO REQUEST FINAL DECREE IN DIVORCE AND COUNTER-AFFIDA VrT were served, via certified mail, return receipt requested, addressed to: Louise Woods 10012 Femdale 8t. Philadelphia, Pa. 1911 6 DEFENDANT . Complet~' . . s 1, 2, and 3. Also complete item 4 if Re tricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, Of on the front if space permits. A. Signature , . , /1' X ( ---_-~ '-./" -' II B. Received by ( Printed Name) 1. ArtiVdreSsed to: LO.SS 1HOODS 1 ')~ 'J, FE"','m',T~!;; 'n ?~lI~~ryELPqIA P\ '9115 D. Is delivery address different from Item If YES. enter ~li1ery address below: , ! \ ~'~\, \ <'j.', 3. Service Type J.ilQertified Mail 0 Express Mall Vo Registered o Retum Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted DeUvery? (Extra Fee) ~s 2. Article Number (Transfer from servfce fat PS Form 3811 , February 2004 7004 1350 OOO~ 7288 4bbO Domestic Return Receipt 102595-02-M-1540 e Adams, Esquire . No. 79465 6 South Pitt Street arlisle, Pa. 170 I3 (717) 245-8508 ATTORNEY FOR PLAINTIFF ~ . Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PATRICK WOODS, vs. : No. 06 - 324 Civil Term LOUISE K. WOODS, Defendant : ACTION IN DIVORCE NOTICE OF INTENT TO REOUEST ENTRY OF DIVORCE DECREE TO: Louise K. Woods 10012 FerndaIe St. Philadelnhia. Pa. 19116 Date: Februal"V 16.2006 You have been sued in an action for divorce. You have failed to answer the Complaint or file a Counter-Affidavit to the 3301(d) affidavit. Therefore, in twenty days, after March 8, 2006, the Plaintiff can request the Court to enter a final decree in divorce. rfyou do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a Counter-Affidavit by the date above, the Court can enter a final decree in Divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of your counter-affidavit alone does not protect your economic claims. 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 32 South Bedford 81. Carlisle, Pa. 17013 (717) 249-3166 . . Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PATRICK WOODS, vs. No. 06 - 324 Civil Term LOUISE K. WOODS, Defendant ACTION IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 330Hd) of the DIVORCE CODE L Check either (a) or (b): _(a) I do not oppose the entry of a divorce decree. _(b) I oppose the entry of a divorce decree because: (Check (i),(ii), or both:) _(i) The parties to this action have not lived separate and apart for a period of at least two years. _(ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _(a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, and expenses if] do not claim them before a divorce is granted. _(b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees, or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If] fail to do so before the date set forth on the Notice of]ntention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. Date: Louise K. Woods, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make a claim for economic relief, you need not file the counter-affidavit. <:) r--> "'" 0 ~ t.-:::? -n C" -r.J,-r. :z ...... rnr: ".. :L" rn-~ .-,' ?~ ,-- -(:prT1 C;, :\lCi - ~ {',. ~ ',?". -0 i~-'" Zl' :x -- c: ,:; ~j W OP' e" Z "-' ::< N 5:; U-i -< PATRICK WOODS v, LOUISE K. WOODS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 324 CIVIL TERM ORDER OF COURT AND NOW, this 10TH day of APRIL, 2006, upon consideration of the praecipe to transmit record filed by the Plaintiff in the above captioned case, and it appearing from Defendant's counter-affidavit that economic issues remain outstanding in the case, and it appearing further that the case has not been bifurcated, a divorce decree will not be issued at this time, without prejudice to the parties' rights to correct the deficiency and file a new praecipe to transmit record, /ra;:;~Adams, Esquire 64 South Pitt Street Carlisle, Pa, 17013 " -\ A~ise Woods 10012 Femdale Street Phila., Pa. 19116 :sld Edward E. Guido, J, ",\0 0.:\) ,,\ , \ C5 ""\ {~ \ ".' c PATRICK WOODS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 324 Civil Term LOUISE K. WOODS, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on January 17,2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. ! 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 also understand that false statements herein are made subject to the penalties of 18 Pa,C.S, 4904, relating to unsworn falsification to authorities, ~ Date:5.J?:> 0 to '., ./' , Louise K. Woods, Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(") AND &330Hd) OF THE DIVORCE CODE I. I consent to 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 1 do not claim them before a divorce is granted. 3. 1 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. ~uJ~. Louise K. Woods, Defendant ' Date: 5. d~ . 0& :;;g ~ ~ .:b.... --< '" '-'1 :;:,. .:~'" o ..,., ::::I m::o r--- JJ8 ()(L ~;~(r;~i ,..'\ftT :':::1 ?t1 .-<: ',? "-' -l:- Plaintiff IN THE COURT OF COMM N PLEAS CUMBERLAND COUNTY, ENNSYL VANIA PATRICK WOODS, vs. No. 06 - 324 Civil Term LOUISE K. WOODS. Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was Iled on January 17,2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and nin ty 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 als understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to u sworn falsification to authorities. Date: 7J!73d; L"'tp Patrick Woods, Piai tiff E ODE 1. I consent to entry of a fmal decree of divorce without notice, 2. I understand that I may lose rights concerning alimony, division of pro erty, 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 entere by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prvthonolary, I verifY that the statements made in this affidavit are true and correct. I un erstand that false statements herein are made subject to the penalties of 18 Pa.C.S, ~4904 relating to unsworn fa sification to authorities. Date: 171 ~ 3d, 2-(jO~ o t:'- ~y ~'~;'t' fT'\' " '7," ":1 ~ C;O O~ ~ ~ \ -- ('-' (";: "- ~"- - /( C-~ ~;:'~ ::? ~ ?;:!) " ,r:::; O(-r". ",'0 :,-") t '::',\l..:.~/, -\,.~4'" <?r~) ".'.,,~ ff\ o :::-I q) ',4 --0 -.... ",v -- .' <.f\ -- . ' do Y. WtJo~ "YlDi ()~ - 3~i MARRIAGE SETTLEMENT AGREEME T BETWEEN PATRICK WOODS AND LOUISE WOODS . ~ THIS AGREEMENT, made this ~ day of "---f)') , 2006, by and between, LOUISE K. WOODS, of Philadelphia, Pennsylvania, herei ft r referred to as "WIFE", and PATRICK WOODS, of New Cumberland, Pennsylvani, ereinafter referred to as "HUSBAND" . l WITNESSETH: WHEREAS, Husband and Wife were lawfully married on Dec mber 20, 1971, and; WHEREAS, there were two children born of this marriage, an both are now adults; WHEREAS, differences, disputes, and difficulties have arisen etween the parties and it is the intention of Husband and Wife to live separate and apart for the est of their natural lives, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them elating to ownership and equitable distribution of real and personal property; the settling of all atters between them relating to the past, present, and future support, alimony, and/or maint nance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants hat he or she has made a full and fair disclosure of income, assets, and their valuation prior to e execution of this Agreement as well as any other fact relating in any way to the subject atter of this agreement. These disclosures are part of the consideration made by each party for ntering into this agreement. 2. ADVICE OF COUNSEL. The Husband has employed an had the benefit or counsel of Jane Adams, as his attorney. The Wife is Pro Se. Each party has c fully and completely read this agreement and has been advised and is completely aware not only f its contents but of its legal effect. Wife has been advised of her right to counsel, voluntaril elected to forego representation, and understands that Jane Adams, Esquire is only repre enting Husband. 3. SEPARATION. The parties intend to maintain separate d permanent domiciles and to live apart from each other. It is the intention and purpose of thi agreement to set forth their respective rights and duties while they continue to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in y manner whatsoever. Neither party shall interfere with the uses, ownership, enjoyment, or di position of any property now owned and not specified herein or property hereafter acquired by t e other. . , 4. SUBSEQUENT DIVORCE. The parties hereby acknowl ge that Husband has filed a Complaint in Cumberland County, Pennsylvania, claiming that the arriage is irretrievably broken under the no-fault mutual consent provision of Section 3301 (c of the Pennsylvania Divorce Code. Wife hereby expresses her agreement that the marriag is irretrievably broken and expresses her intent to execute any and all affidavits or other docu ents necessary for the parties to obtain an absolute divorce pursuant to Section 330 I (c) of th Divorce Code. The parties hereby waive all rights to request Court Ordered counseling un er the Divorce Code. The provisions of this Agreement relating to equitable distribution of prop rty of the parties are accepted by each party as a final settlement for all purposes whatsoev ,as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of separation or divorce b obtained by either of the parties in this or any other state, country or jurisdiction, each ofthe pies hereby consents and agrees that this Agreement and all of its covenants shall not be affecte in any way by any such separation or divorce; and that nothing in any such decree, judgment, rder, or further modification or revision thereof shall alter, amend, or vary any term 0 this Agreement, whether or not either or both of the parties shall remarry. It is specifically agre d that a copy of this Agreement or the substance of the provisions thereof, may be incorpor ted by reference into any divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any j gment and to be forever binding and conclusive upon the parties. 5. DATE OF EXECUTION. The "date of execution" or "e ecution date" of this agreement shall be defined as the date upon which it is executed by th parties if they have each executed the Agreement on the same date. Otherwise, the "date of exe ution" or "execution date" ofthis Agreement shall be defined as the date of execution by th party last executing this Agreement. All provisions ofthis agreement shall be effectuated by e parties within thirty (30) days of the execution date of this agreement unless otherwise spe ified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. Other than as rovided in this agreement, each party may dispose his or her property in any way and ach party hereby waives and relinquishes any and all rights he or she may now have or hereafte acquire under the present or future laws of any jurisdiction to share in the property or the estate fthe other as a result of the marital relationship, including without limitation, statutory allow ce, widow's allowance, right of intestacy, right to take against the will of the other, and right t act as administrator or executor in the other's estate. Each will at the request of the other, exe ute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and clai s. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIO S. Each party warrants that they have not contracted any debt or liability for the other or whic the estate of the other party may be responsible or liable, and except only for the rights arisin out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate . , ofthe other party, will be liable. Each party agrees to indemnify or ho d harmless from the other and against all future obligations of every kind incurred by them, incl ing those for necessities. The parties have no outstanding joint debts. 8. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a marmer which confo s to the criteria set forth in 23 Pa.C.S.A. s3501 et. seq. and taking into account the following c nsiderations: the length of the marriage, the age, health, station, amount, and sources of income, ocational skills, employability, estate, liabilities, and needs of each of the parties, the c ntribution of each party to the education, training, or increased earning power of the other party; e opportunity for each party for future acquisitions of capital assets and income; the sources f income of both parties, including but not limited to medical, retirement, insurance or other be efits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of the marital property, including the contribution of each spouse as a homen aker; the value of the property set apart to each party; the standard of living the parties estab ished during the marriage; and the economic circumstances of each party at the time the division f property is to become effective. 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 effected wi out the introduction of outside funds or other property not constituting marital property. The ivision of property under this Agreement shall be in full satisfaction of all the marital rights of t e parties. 9. OTHER PERSONAL PROPERTY. Husband and Wife hereby acknowledge that they have previously divided all their tangible personal property. Ex ept as may otherwise be provided in this Agreement, Wife agrees that all of the property ofHu band or in his possession shall be the sole and separate property of Husband; and Husband agre s that all of the property of Wife or in her possession shall be the sole and separate property of ife. The parties do hereby specifically waive, release, renounce, and forever abandon wha ever claim, if any, he or she may have with respect to the above items which shall become the ole and separate property ofthe other. 10. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment b nefits, including but not limited to both parties pensions and retirement plans and Incentive Sa . ngs Plans. The parties agree never to assume any claim to such benefits of the other at any ti e in the future. 11. ALIMONY, ALIMONY PENDENTE LITE and LEG FEES. Other than as provided in this agreement, each party hereby waives any right to spou al support, alimony, or alimony pendente lite, and each party agrees to be responsible for his 0 her own legal fees and expenses. The parties herein acknowledge that by this Agreement, th y have respectively secured and maintained a substantial and adequate fund with which to rovide for themselves sufficient financial resources to provide for their comfort, maintenance and support in the station of life to which they are accustomed. Wife and Husband do hereby wa ve, release, and give up any rights they may respectively have against the other for alimony, su port, or maintenance. It shall be from the execution of this Agreement the sole responsibility 0 each of the respective parties to sustain themselves without seeking any support from the oth r party, All alimony to be paid under this agreement shall terminate upon the recipient's remarri e or cohabitation with a person of the opposite sex. There is currently an Order for Spousal Support, filed in t e Court of Common Pleas of Philadelphia County, Pennsylvania, under Docket No. 00 500814 and P ACSES Case Number 683004912. Husband shall pay Wife the amount 0 $2000.00, which she will accept in full satisfaction of all support payments owed, up to and through the final Divorce Decree. To effectuate payment, within twenty (20) days of the signi Husband shall provide his counsel with a check in the amount of hold in her escrow account. g of this agreement, 000.00, which she shall Within ten (10) days of the entry of the final Divorce Decre ,and after confirmation that all arrearages or any amounts owed by Husband under the s pport case have been satisifed, counsel for Husband shall forward the amount of $2000. 0 to Wife via certified mail. The parties shall cooperate in signing any other documents stipulations, or court orders required to effectuate the intent of this agreement. 13. WAIVER OR MODIFICATION TO BE IN WRlTIN . No modification or waiver of any of the terms hereof shall be valid unless in writing and s gned by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature, 14. MUTUAL COOPERATION. Each party shall, at any f e and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reas ably require for the purpose of giving full force and effect to the provisions of this Agree nt. 15. APPLICABLE LAW. The Agreement shall be construe laws of the Commonwealth of Pennsylvania which are in effect as of Agreement. 16. INTEGRATION. This Agreement constitutes the entire parties and supersedes any and all prior agreements or negotiations be representations or warranties other than those expressly set forth herei in accordance with the e date of execution of this derstanding of the een them. There are no 17. NO WAIVER OF DEFAULT. This Agreement shall re ain in full force and effect unless and until terminated under and pursuant to the terms of this Agr ement. The failure of either party to insist upon strict performance of any of the provisions 0 this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor hall the waiver of any default or breach of any provision hereof by construed as a waiver of y subsequent default or breach of the same or similar nature, not shall it be construed as a waiv r or strict performance of . any other obligations herein. 18. SEVERABILITY. If any term, condition, clause, or prov sion of this Agreement shall be determined or declared to be void or invalid in law or otherwi e, then only that term, condition, clause, or provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and op ration. Likewise, the failure of any party to meet his or her obligations under anyone or mo e of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shal in no way avoid or alter the remaining obligations of the parties. 19. BREACH. If either party breaches any provisions of this greement, the other party shall have the right, at his or her election, to sue for damages for such reach, or seek other remedies or relief as may be available to him or her, and the party bre hing this contract should be responsible for payment of legal fecs and costs incurred by the othe in enforcing their rights under this agreement. 20. INFORMED AND VOLUNTARY EXECUTION. Eac party to this agreement acknowledges that he or she is fully informed as to the facts relating t the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this eement, has carefully read each provision ofthis agreement, and fully and completely under tands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their ands and seals the day and year first above written: ;;fj=i~~' Witness ~ Date: .5/7/& G COMMONWEALTH OF PENNSYLVANIA ) ) Joss COUNTY OF CUMBERLAND f'~ On this, the day of , 2006, before me, the unders ned officer, personally appeared LOUISE K. WOODS known to me, (or satisfactorily proven) to be the pe son whose name is subscribed to the within instrument, and acknowledged that helshe executed the same for the poses therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: SEAL . . . . :'71~ 3'" U()~ / COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) :b- On this, th2:0 day of --f'h~ ' 2006, before me, the unders goed officer, personally appeared PATRICK WOODS known to me, <t/satisfactorily proven) to be the pers n whose name is subscribed to the within instrument, and acknowledged that helshe executed the same for the purp ses therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. WBALTH OF PENNSYL Notarial Seal Jane Adams, Notary Public Carlisle Bom, Cumberland Cuun My Commission Bxpires Sept, 6, 2 0 '" 0 = c C~ 'TI ",,,, CJ'> < ~'T1 <- s:; r1'j= ...>.- l:J ~:D -u'-..... i::~ ~~~~~ "Tl ;'~=:J ::J: :.:..,.C) ( t')lO ~; ='t ':::.-- -". ---I <J1 'n --(. '-< Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PATRICK WOODS, vs. No. 06 - 324 Civil Term LOUISE K. WOODS, Defendant ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 9330l(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Via certified mail, restricted- delivery, return-receipt requested, on: January 21, 2006. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: May 30, 2006 By Defendant: May 23, 2006 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: May 25, 2006. Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: June 1, 2006. Date:0 f~1 b e Adams, Esquire I. . No. 79465 4 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff :.z "'" ~ <;::::< 0-' Cl -n --l :I:-n rnp -o!JJ 2~~ ~ 5J '-< <...- ~-=; -"'" -0 =:;; en c;n IN THE COURT OF COMMON PLEAS . . OF CUMBERLAND COUNTY PEN NA. ( STATE OF . . YET BEEN ENTERED; None; the marriage settlement agreement which was executed May 30, 2006, and . . . . . No. 2006 - 324 Civil Term No. . Louise K. Woods, Defendant Patrick Woods, Plaintiff . . . . . VERSUS DECREE IN DIVORCE ~ ~: Jot-A . )CHI , IT IS ORDERED AND . . . . . . . . AND NOW, :r~ " Patrick Woods, Plaintiff PLAI NTI FF, Louise K. Woods, Defendant DEFENDANT, . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . . . . . . . . . DECREED THAT AND . . . . . . . . . . . . . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE . BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT filed June 1, 2006, shall be incorporated and n.Qt . . . . . . . . . . J. Am'~.tL__. ~ ~4 < ~ PROTHONOTARY . . . . . . . . . . . ~;::;c~ ~ ;~~~ " "- .. .. ~ .... -- .-. ,:-' .~:,. ...f.