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HomeMy WebLinkAbout06-0836 ". MICHAEL L. UNDERKOFFLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.2006-83(P CIVIL TERM CHRISTIE L. UNDERKOFFLER, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of marriage, you must request marriage counseling. A list of marriage counselors is avail- able in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, PENNSYLVANIA 17013 /', /~ JI7. . MAX J. SM H, JR", squire JARAD W. HANDELMAN, Esquire Attorney for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 - MICHAEL L. UNDERKOFFLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2006- Y 3 (., CIVIL TERM CHRISTIE L. UNDERKOFFLER, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, MICHAEL L. UNDERKOFFLER, by his attorney, MAX J. SMITH, JR., Esquire, and seeks to obtain a Decree in Divorce upon the grounds hereinafter more fully set forth: 1. The Plaintiff, MICHAEL L. UNDERKOFFLER, is an adult individual and citizen of the United States of America, whose address is 4043 Seneca Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, CHRISTIE L. UNDERKOFFLER, is an adult individual and citizen of the United States of America, whose address is 4043 Seneca Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on or about September 5, 1998 in Shiremanstown, Pennsylvania. S. Plaintiff avers that there is one child of the parties under the age of 18, namely: Taylor A. Underkoffler, born July 10, 1999. 6. Neither Plaintiff nor Defendant is a member of the United States Armed Services. - 7. Plaintiff and Defendant have both been advised of the availability of marital counseling and that each may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff avers that there has been no prior action for divorce or annulment of the marriage filed by either party in this or any other jurisdiction. 9. Plaintiff avers that the marriage is irretrievably broken. WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. Respectfully submitted, Date: February 10,2006 J)I i(Jlt~ MAX J. SMITH, JR., Esquire J.D. No. 32114 JARAD W. HANDELMAN, Esquire J.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 "- I verify that the statements made in this Complaint are true and correct. I under- stand that false statements herein are made subject to the penalties of] 8 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ,.:;-/ ~ G\- !0 '-- ~ l\- ~ , .... ~ '8 >J ~ ~ \J i"-.. <s'\ '" <t <::> ---- -+- ->- C7 C? C) C \....::J -,'1 l....... -'I ::;-J , i ~, i LJ C;. , , , , - , . , r , t'J r, --:.! U1 :0 '-' --< MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 2.b~ day of _~U.()-1AJT ,2006, by and between CHRISTIE L. UNDERKOFFLER (hereinafter called "Wife") and MICHAEL L. UNDERKOFFLER (hereinafter called "Husband"). WITNESSETH: WHEREAS, Husband and Wife were married on September 5,1998; and WHEREAS, There has been one (1) child born of this marriage, to wit: TAYLOR A. UNDERKOFFLER, bomJuly 10, 1999; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony, payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW, THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: I. SEP ARA TION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness ofthe causes leading to their living apart. 2. INTERFERENCE. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. 3. WIFE'S DEBTS. Wife represents and warrants to Husband that as of the date of separation she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts presently in Wife's name alone shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date of the separation he has not incurred, and in the future he will not contract or incur, any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, and/or debts and charge accounts, presently in Husband's name alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 5. EOUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for the equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of The Divorce Code or any other laws. 2 Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 6. REAL EST ATE. The parties acknowledge that the jointly owned real estate situate at 4043 Seneca Avenue, Camp Hill, Cumberland County, Pennsylvania has been listed for sale. At settlement, after deducting all normal settlement charges pertaining to the sale of said real estate, the parties agree to divide the net proceeds of sale equally. Pending sale and settlement, the parties shall continue joint occupancy of the marital home, and shall be jointly and equally responsible for payment of the monthly mortgage, taxes, utilities, and insurance, and all other household expenses. 7. DIVISION OF PERSONAL PROPERTY. ACCOUNTS AND VEHICLES. The parties have divided between them, to their mutual satisfaction, the personal effects, bank accounts, household furniture and furnishings and all other articles of personal property which have heretofore been used by them in common. The parties expressly agree that Wife shall be entitled to exclusive ownership of the 2005 Kia Sorrento currently in her possession, and that Husband shall relinquish any and all interest he may have in same. Wife agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting such vehicle. Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. Husband shall be entitled to exclusive ownership of the 2002 Jaguar currently in his possession, and that Wife shall relinquish any and all interest she may have in same. Husband agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting such vehicle. Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. The parties further agree to execute any vehicle titles, Powers of Attorney or other documents necessary to give this Paragraph full force and effect, upon request. 3 8. PENSIONS AND EMPLOYMENT BENEFITS. Wife is the owner of certain pension plans and/or retirement plans and/or employee stock or savings plans, which she has accumulated during the course of her past and/or present employment. It is specifically agreed that Husband shall forever relinquish to Wife, his right, title and interest in said pension plans and/or retirement plans and/or employee stock or savings plans, as well as all other employment benefits, of Wife. Specifically included herein are all benefits to which Wife is entitled through her employment with AAA. The parties agree to execute any and all documentation necessary to effectuate the terms herein contained. 9. TAP ACCOUNT. The parties shall continue to maintain the Tuition Assistance Program (TAP) account for Taylor, such that each party shall deposit a minimum sum of$30.00 per month in that account for as long as there is no child support paid by either party to the other. 10. HUSBAND'S BUSINESS. Wife hereby forever relinquishes any and all claims or interest she may have in Husband's advertising business, known as Creative Space Advertising. This specifically includes any and all real estate, equipment and inventory, accounts or miscellaneous property of whatsoever nature in connection with said business. Husband hereby assumes sole responsibility for any and all loans and obligations in connection with the aforesaid business, and shall indemnify, and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 11. CUSTODY. The parties shall have shared physical custody of the minor child, Taylor A. Underkoffler, on an alternating weekly schedule, from Sunday to Sunday, the exact times of exchange to be mutually arranged by the parents. The parties shall share time with the child on major holidays, the exact times to be arranged between them. The parties shall enjoy shared legal custody regarding all major decisions affecting the minor child, including but not limited to health, education and religious matters. Each party shall have full access to the child's medical, dental and school records as well. 4 12. CHILD AS A DEPENDENT FOR TAX PURPOSES. Wife shall be permitted to claim Taylor as a dependent for income tax purposes in 2006 and subsequent years. The parties agree to sign any forms required by the Internal Revenue Service to effectuate this provision. 13. ALIMONY, ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. Both parties agree to make no claim for alimony, alimony pendente lite or spousal support now or at any future time, or in connection with the pending divorce action between the parties. 14. COUNSEL FEES. Husband and Wife agree to be solely responsible for payment of his or her attorney fees in connection with this Agreement and the pending divorce action between the parties. IS. HEALTH INSURANCE. Wife shall maintain health insurance coverage on behalf of the minor child, as long as same is provided through her employment. Husband and Wife shall be equally responsible for all uninsured health care expenses for the child, including medical, dental, medical, optical and orthodontic costs. 16. FINANCIAL DISCLOSURE. The parties have disclosed to each other and they are aware ofthe extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or does not make a reasonable provision for one or the other of them. 17. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent and Waiver of Notice ofIntention to Request Entry of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section 3301(c) of the Divorce Code at the expiration of ninety (90) days from the date of service of the divorce Complaint instituted by Husband docketed to No. 2006-836, Court of Common Pleas of Cumberland County, Pennsylvania. 5 18. BREACH. If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 19. 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, including Deeds and other real estate-related documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 20. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect have been fully explained to Husband by Max J. Smith, Jr., Esquire, attorney for Husband, and each party acknowledges that the Agreement is fair and equitable, that full disclosure has been made by each respective party to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by them respectively. Wife has been advised of her right to retain independent legal counsel to advise her concerning this Agreement and the pending divorce action between the parties, and acknowledges that she has waived such right. 21. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, 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 claims. 6 22. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other order which may be entered in accordance with this Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree in Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provision hereof. In the event that any final order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provisions hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 23. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 24. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement, shall not be construed as a waiver or any subsequent default of the same or similar nature. 25. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 7 26. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by the herein Agreement is IRREVOCABLE and that such division-distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. (]j1h I CJCI'I lAtA rj(?UmdJ))K1if.PJu CHRISTIE L. UNDERKOFFLER' / ~~-> MICHAEL L. UNDE OFFLER .--..., WITNESS n. ' Jff11 WITNESS 8 .--" (~:; .:-.r> ," ('",) ~ ~ .-1 L:-n 1; '~; , :~~-) --;:.~ :::-j -,,;."\ '.-; ~iO :< ,,) r _J f -... MICHAEL L. UNDERKOFFLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2006-836 CIVIL TERM CHRISTIE L. UNDERKOFFLER, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 13th day of February, 2006, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Complaint in Divorce by depositing a certified copy ofthe same in the United States mail, postage prepaid, certified mail #7004 2890 0001 40689756 at Hummelstown, Pennsylvania, addressed to: Christie L. Underkoffler 4043 Seneca Avenue CampHill,PA 17011-6748 Mailing and return receipt cards attached hereto. J)Jt MAX J. SMITH, JR. J.D. No. 32114 JARAD W. HANDELMAN, Esquire J.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 0( ...." U.S. Postal Service", CERTIFIED MAIL." RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) )'--10 \ 'is .70 Total Postage &Fees $ <;?; 5'il: ::T ~ ~~::~G~'l~.~~:!:.':..~~_~_.h'hh'hh'h. C;,y,'SiAi6:ZiP+t;.;:;.'...iA\ii.:"V(ihi'::ic;Yi'::[/i<:&"." ....... ..ll U') I"- IT' '" ..ll CI ::r Postage r'l CI CI Rel,m Recelpl Fee o (Endorsement Required) Certified Fee o Rastricled Delivery Fee IT" (Endorsement Required) '" ru (Postmark ~;y .' .... He,. t,,( ,; . Complete items 1, 2. and 3. Also complete ~em 4 If 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 mail piece, or on the front if space permits. 1. Article Addressed to: QJ",,'>~~ ,~.. iAr-h"-\<..otbLLY '-\O'-\?> ~ rv.C' 0.. a.ue"uJ. 4'0.."'-,"' )-\,\ I ""PC^-- nOIH.p 1'4-2 2. Article Number (T>onsferfrom _ Isbell PS Form 3811, February 2004 3.~rvic6 _ L2J Certified Mall CI Express Mail o Registered 0 Return Receipt for Merchandise o Insured MaU 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ~ Yes Domestic Return Receipt 102595-02-M-154O 7004 2890 0001 4068 9756 .- c. ' (" ) ~ -;::;i5 L '%<6. '7~ 3. {-I "" .-\ '1"..-,". -r~~s .. \ '-:~ --0 _...i ~.~ I;~; -.~' MICHAEL L. UNDERKOFFLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2006-836 CIVIL TERM CHRISTIE L. UNDERKOFFLER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VII OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 10, 2006. 2. The marriage of 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 of Divorce after service of notice of intention to request entry ofthe decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: August Z. ~/~ 2006 ~~... MICHAEL L. OFFLER -- ~-' c:_~ ~ !',> 0..0 14t ----' ~-r:-r j.1r~ -0\~ -,.~c> l';-? ~)~;y~ -, :}j --< - -' - MICHAEL L. UNDERKOFFLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2006-836 CIVIL TERM CHRISTIE L. UNDERKOFFLER, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330l(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of I 8 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. -fA Date: August ;Z'if, 2006 ~~~ MICHAEL L. UND OFFLER (') "" c> C'~ c-: C"::-;J ., ~~r.~ ::;l _c, rT1 N t..0 -0 r,) :,-;- _1 MICHAEL L. UNDERKOFFLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2006-836 CIVIL TERM CHRISTIE L. UNDERKOFFLER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VII OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 10, 2006. 2. The marriage of 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 ofa Final Decree of Divorce after service of notice of intention to request entry ofthe decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: August~, 2006 ell !l AJJi -t'&1-trxilf}~~j( CHRISTIE L. UNDERKOFFLER o '--- ....., c"-" (.:;~ c.:.... ::"'" '_0._ (3) ,...., ill C) -n .-1 :2:" n-:r-~ n~\ ,-'; -'0 r::> 0\ :J;::; ::< , -. MICHAEL 1. UNDERKOFFLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2006-836 CIVIL TERM CHRISTIE 1. UNDERKOFFLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVQRCE DECREE UNDER 1S330!(c) OF THE DIVORCE CODE I. I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: August~, 2006 OJl!lAutL6(Li1UIJj~j)U CHRISTIE 1. UNDERKOFFL ---- '~') '(~: ~-- ",-, C~C1 ~ ,'-) '::::'h --' '"]:1] l.nf:~: ~,~.~ " --;-) -,\~" _; ,'~ I , ';::1 .~~ :% f'o.> \.0 r:-;1 c-- ::..J MICHAEL 1. UNDERKOFFLER, Plaintiff IN THE COURT QF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2006-836 CIVIL TERM CHRISTIE 1. UNDERKOFFLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (X) 3301 (c) ( ) 3301 (d) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: By certified mail on February 15. 2006. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff August 28. 2006 ; by Defendant August 28. 2006 (b)(l) Date of execution of the Plaintiff s affidavit required by Section 3301 (d) of the Divorce Code: ; (2) date of service of the Plaintiff s affidavit upon the Defendant: 4. Related claims pending: None (})n~ , J Attorney for (X) Plaintif ( ) Defendant n "" <..:J ~ C'- = -n .J' --< ~'"... :::::., c.:: n1 ::= G-'; c.., l~~ N i...,./ \.1.) C.1 u '"".) r~ ~.:)'Tl --I "'-" -. ~- :i) ~:2 -, --< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MICHAEL L. UNDERKOFFLER, Plaintiff No. 2006-836 VERSUS CHRISTIE L. UNDERKOFFLER, Defendant DECREE IN DIVORCE AND NOW, St..~rc..~\)U" 'e 2006 , IT IS ORDERED AND DECREED THAT MICHAEL L. UNDERKOFFLER , PLAI NTI FF, AND CHRISTIE L. UNDERKOFFLER , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Marital Settlement Agreement dated 28 August 2006, is hereby incorporated into the Final Divorce Decree. . . .. By THE COURT: -L J_ PROTHONOTARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _;# 2 ~ ~ ')9- ~-. ~ fr :2 rtr'" ~ - P'iJ 1<1- b /) " , - .. ',..~~ ., ,f." . ~',-,..1 : l' . "~ ..'