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HomeMy WebLinkAbout06-1044 LAGUNA REYES MALONEY. LLP I I 1 9 NORTH FRONT STREET, HARRIS6URG. PA 17 (02 TEL.: {71 7) 233-5292 I FAX: (7 I 7) 233-5394 ATTORNEYS FOR PLAINTIFF MOODY H. KENDlL, Plaintiff v. {l ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2006 - JDq9 (!i lJ~l YEL~ ELLEN C. MOHAMED, Defendant CIVIL ACTION - 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 in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE IS GRANTED OR ANNULMENT, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERATONCE. IFYOU 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 LAWYER REFERRAL SERVICE Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 .~ 13. Plaintiff requests the Court to enter a decree equitably dividing the parties' propeliy and equitably apportioning the debts incurred by the parties. WHEREFORE, Plaintiff prays that a judgment as follows: a. That a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant; b. As to Count 1, that this Honorable Court enter a decree equitably dividing the parties' property and eqnitably apportioning the debts incurred by the parties; and c. Such other additional relief as the Court deems necessary and just. ura C. Reyes Malon ,Esquire upreme Court J.D. .: 78075 Attorney for Plaintiff LAGUNA REYES MALONEY, LLP 1119 North Front Street Harrisburg, PA 17102 (717) 233-5292 ~ VERIFICATION I verify that the statements made in the foregoing divorce complaint are true and correct. I understand that false statements made herein may subject me to penalties of Pa.C.S. 94904 relating to unsworn falsification to authorities. ~~~.~/.~/ Moody H. Kendil, Plaintiff p .~ ~ ~ t:J D - ~ ~ ~ t- - c \) \) \ V1 e- ll) r... ~ - \)I r'-, :e - c C> 0 _"_4 , \ \ - ~~ ~ 1'."'; -- fr- .' "' \2 ----- - MOODY H. KENDIL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2006-1044 CIVIL TERM ELLEN C. MOHAMED, Defendant CIVIL ACTION- IN DIVORCE DEFENDANT'S PETITION FOR COUNSELING PURSUANT TO Pa.R.C.P. 1920.45 AND DIVORCE CODE & 3302 AND NOW, this \ O~y of April, 2006, comes defendant, Ellen C. Mohamed, by and through her counsel ofrecord, Wendy J. F. Grella, Esquire, and respectfully requests Your Honorable Court order Marriage Counseling for the parties and in support thereof avers the following: 1. On or about February 21, 2006, plaintiff, Moody H. Kendil, filed a Complaint in Divorce with the Cumberland County Prothonotary's Office. 2. Contained on the cover of the Complaint was a notice to the defendant of the right to request counseling pursuant to Pa.R.C.P. 1920.71. 3. Undersigned counsel subsequently was retained to represent defendant with regard to this matter. 4. According to averment number nine (9) in Plaintiff's Divorce Complaint, "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. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling." 5. Defendant is desirous of reconciling and saving the parties' marriage. 6. The Divorce Code at ~3302 and Pa.R.C.P. 1920.45 provide that the court shall require no more than three (3) counseling session if one party requests it and the grounds for divorce are no-fault or indignities. 7. A list of qualified counselors is available in the Cumberland County Prothonotary's Office. WHEREFORE, Defendant respectfully requests Your Honorable Court order the parties to attend the three (3) mandated counseling sessions. Respectfully Submitted, Wendy 1. F. Grel , s Counsel for Dero nd t. 3618 North 6th St. P.O. Box 5292 Harrisburg, P A 1711 0 (717) 234-6001 Fax: (717) 234-6050 ~ J...~~Q~ VERIFICATION I verifY that the statements made in the foregoing document 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 falsifications to authorities. DATE: U-p^ J I p{ " f~ t 1tV);-A~tK-L",{ ELLEN C. MOHAMED, Defendant CERTIFICATE OF SERVICE AND NOW, this \o~~ of April, 2006, I, Wendy J. F. Grella, Esquire, hereby certifY that I have or will serve the within document upon the persons and in the manner indicated below: Service bv First Class Mail: Laura C. Reyes Maloney, Esquire LAGUNA REYES MALONEY, LLP 1119 North Front Street Harrisburg, P A 17102 Respectfully submitted, Wendy J. F. Grella, Attorney for Defenda ID#85164 3618 North Sixth Street P.O. Box 5292 Harrisburg, P A 17110 (717) 234-6001 ~UlYQa . Mohamed ',~" '} "::,) .-' ;'~."\ -;.'. ~ c:: ,,', ..J; ,'--' MOODY H. KENDIL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2006-1044 CIVIL TERM ELLEN C. MOHAMED, Defendant : CIVIL ACTION- IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO: PROTHONOTARY: Please enter my appearance as counsel on behalf ofthe above-named Defendant. DATE: ~\z-~ \~.l9 \ \ Wendy J. F. Grel , 3618 N. 6th Stre t P.O. Box 5292 Harrisburg, P A 1711 0 Phone: (717) 234-6001 Fax: (717) 234-6050 \ , _n(\ _~J-.J'JJY ~ -,~ c ::' r.,., C.' . . . I RJ-:'T:-".',.-:-'- ;<. ....4 "_._j 1, ,.,! ~" I APR L:1 2001i, I !!IT. i '=",,,-, -._-- - .. ----I o ~ ./ : IN TIIE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-1044 CIVIL TERM MOODY H. KENDIL, Plaintiff VI. ELLEN C. MOHAMED, Defendant : CIVIL ACTION- IN DIVORCE ORDER OF COURT '\\., AND NOW, this -11- day of April, 2006, upon consideration of Defendant's Petition for Counseling Pursuant to Pa.R.C.P. 1920.45 and Divorce Code 93302, it is hereby Ordered and Decreed that the Motion is GRANTED and the parties are Ordered to submit to the three (3) counseling sessions. BY THE COURT: \l Judge Distribution: Prothonotary's Office ~ vt'aura C. Reyes Maloney, Esquire, Attorney for Plaintiff _ ~ndy J. F. Grella, Esquire, Attorneyfor Defendant '\ ,()LP 0.,{J o :;2 81 At, MARITAL PROPERTY SETTLEMENT AGREEMENT This Agreement, made and entered into this Ie;? fhday of JV r-J t , 2006, between Moody H. Kendil, of 19 S. 4th St., Room 106, Harrisburg, Dauphin County, Pennsylvania 17101, hereinafter referred to as "Husband," and Ellen C. Mohamed, of 527 Quail Court, Mechanicsburg, Cumberland County, Pennsylvania 17050, hereinafter referred to as "Wife." WHEREAS, the parties hereto are now Husband and Wife, having been lawfully married to each other on November 15, 2000 in Harrisburg, Pennsylvania; WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights, regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and Page 1 of 10 WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or othelWise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, counsel fees, or other expenses, except as set forth herein; and Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or othelWise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby acknowledge that they have lived separate and apart since November 1,2005, and continue to live separate and apart as of the date of this Agreement, and further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. Page 2 of 10 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any Page 3 of 10 person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that, except as provided herein, neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other; to that end, each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Medical Coverage for Wife. Wife agrees to immediately obtain and pay for her own medicallhealth insurance. Husband agrees to pay half of Wife's prescription costs that are not covered by Wife's insurance, for a period of no more than two (2) years from the date of this Agreement. Page 4 of 10 5. Waiver of Alimony. In consideration ofthe mutual agreements of the parties, and their decision to voluntarily live separate and apart and the provisions contained herein, and for the respective benefit of the parties and other good and valuable consideration, the parties each expressly agree to mutually waive any and all claims for any alimony, spousal support/alimony pendente lite, maintenance, etc. 6. Spousal Support! Alimony Pendente Lite. Any spousal support/alimony pendente lite provided to Wife and/or any subsequent court order entered prior to this Agreement, shall terminate as of the date of this Agreement. 7. Real Property. The parties agree that the marital residence, located at 527 Quail Court, Mechanicsburg, Cumberland County, Pennsylvania, shall be the sole and separate property of Wife. More specifically, a 1984 Tower Howser motor home, shall be the sole and separate property of Wife. Husband agrees to execute any necessary documents reasonably related to the transfer of title of the marital home to Wife. Wife acknowledges that said title transfer may not be possible until any and all mortgage are paid in full. a. Mortgage Payments. Husband shall continue to pay the mortgage payments for the above-mentioned motor home. The parties agree that the mortgage payments to be made by Husband shall only be toward the outstanding debt of approximately $11,900.00 that was incurred by the parties in December 2004. Husband shall continue to make these mortgage payments until said debt is Page 5 of 10 paid offin or about the year 2014. If Wife incurs a debt using the motor home as collateral, Wife shall hold Husband harmless from any and all liabilities/responsibility for such debt. b. Lot Rent. Wife agrees to make all payments towards the lot rent for the above-mentioned motor home. c. Real Estate Taxes. Husband shall contribute fifty percent (50%) of the annual real estate taxes assessed against the motor home until the last payment is made on the mortgage of the motor home as specified in Paragraph 7(a). d. Maintenance of Marital Residence. Husband shall repair the hinge of the motor home's storm/screen door and the 2' x 2' center area of the kitchen floor that is in need of repair. Husband agrees to purchase a new furnace by Winter 2006. 8. Division of Personal Property. Wife shall retain any and all personal property that may be present at the martial residence. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as ifhe or she were unmarried. Page 6 of 10 9. Automobile for Wife. Upon execution hereof, Husband agrees that Wife shall retain possession of and receive as her own property the JqCj 5 Grand Am for her own use and disposition. Wife has been and shall continue to be solely responsible for all expenses associated with the automobile including maintenance. Wife shall be solely liable and shall keep Husband indemnified and held harmless from any liability, cost or expense, including attorney's fees, dues to any of the expenses set forth in the preceding sentence and shall indemnify and hold Husband harmless from any liability, cost or expense, including but not limited to claims, damages and judgments, solely due to any accidents involving Wife. a. Automobile Insurance. Husband shall pay the car insurance payments for Wife's /995 Grand Am for a period of two (2) years. b. Purchase of Second Automobile for Wife. Before December I, 2006, Husband agrees to buy a used car valued no greater than $3,000.00 for Wife. 10. Automobile for Husband. Upon execution hereof, Wife agrees that Husband shall retain possession of and receive as his own property the ;;JO()O Mercury Sable along with any other vehicles, for his own use and disposition. Husband has been and shall continue to be solely responsible for all expenses associated with the automobile including, but not limited to insurance and maintenance. Husband shall be solely liable and shall keep Wife indemnified and held harmless from any liability, cost or expense, including attorney's fees, dues to any of the expenses set forth in the Page 7 of 10 preceding sentence and shall indemnify and hold Wife harmless from any liability, cost or expense, including but not limited to claims, damages and judgments, solely due to any accidents involving Husband and Husband shall reimburse Wife for any increased premiums during the year following the day of execution of this Agreement solely resulting from such accidents. II. Future Debts. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 12. Pension. Both parties agree to waive any claims they may have to any pension or employment benefits of any kind, earned during the marriage, by the other party. 13. Divorce. The parties acknowledge that an action for divorce between them has been filed by Husband and is presently pending divorce between them in the Court of Common Pleas of Cumberland County, No. 2006-1044. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action. Page 8 of 10 14. Incorporation and Judgmentfor Divorce. This Agreement and all of its provisions shall be incorporated into the decree of divorce in the aforementioned divorce action, either directly or by reference. 15. Breach. In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 16. Enforcement. The parties agree that this Agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 17. Applicable Law and Execution. The parties hereto agree that this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. 18. The Entire Agreement. The parties acknowledge and agree that this Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. Page 9 of 10 . . 19. Modification of this Agreement. The 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. 20. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 21. Voluntary Execution. Each of the parties has read and understands the above and is signing this Agreement as a free and voluntary act and having had the opportunity to obtain advice of separate legal counsel. IN WITNESS WHEREOF, and intending to be legally bound, the parties have set their hands and seals the day and year first written above. ~t?~I/' ~ Moody H. K~ndil ,~C-~ ( Ellen C. Mohamed At *- A ___ . - Signature of Witness [fh;tzg C ,fey(7S Mf}u;~ Printed Name of Witness t{QY1s.i A, j\....""'~ Printed Name of Witness Page 10 of 10 n c.:. C..' -n , -J -=C.,." ;-Ill" ~":;< -,',' \-' ~ C(;, '!-~'~ - . " ,,, \"'i-:,i > '-'1 -,) :< v. s s s s s s s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MOODY H. KENDIL, Plaintiff NO. 2006-1044 ELLEN C. MOHAMED, Defendant CIVIL 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. Groundfor Divorce: irretrievable breakdown under~3301(c) or ~3301(d) of the Divorce Code. 2. Date and Manner of Service of the Complaint: via regular first-class U.S. mail on March I, 2006 (see Acceptance of Service, Exhibit A). 3. Date of Execution of the Affidavit of Consent Required by Section 3301 (c) of the Divorce Code: by Plaintiff on June 12,2006; by Defendant on June 12, 2006 (Exhibit B). 4. Related Claims Pending: no other marital claims pending. S. Notice of Intention to Request Entry of Divorce Decree: waived by Plaintiff on June 12,2006; by Defendant on June 12,2006 (Exhibit B). a ra C. Reyes Malone , Esquire preme Court I.D. . 78075 Attorney for Plaintiff LAGUNA REYES MALONEY, LLP 1119 North Front Street Harrisburg, P A 17102 (717) 233-5292 LAGUNA REYES MALONEY, LLP I I 19 NORTH FRONT STREET, HARRISBURG, PA 1 7 I 02 TEL.: (7 t 7> 233-5292 I FAX: <7 I 7) 233-5394 ATTORNEY FOR PLAINTIFF v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOODY H. KENDIL, Plaintiff NO. 2006-1044 ELLEN C. MOHAMED, Defendant CIVIL ACTION - IN DIVORCE ACCEPTANCE OF SERVICE I accepted service of the Divorce Complaint under Sections 330 I (c) or 3301 (d) of the Divorce Code filed in the above-captioned matter on March 1,2006. J...w-.I 'z3.. .2ndf ate .q~ r!- 7Yl,)zt1onr.; ~ Ms. Ellen C. Mohamed . 527 Quail Court Mechanicsburg, P A 17050 () (--' ~,~ f"..:o. c~.,., \~ 0' (-- ~"o<. () -n :::J rh ;"', OJ -, .. en ::0 \.,0 -....:( MOODY H. KENDlL, Plaintiff v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1044 ELLEN C. MOHAMED, Defendant CIVIL ACTION - IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER ~ 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) or 330l(d) of the Divorce Code was filed on February 21,2006. 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. 4. 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. g4904 relating to unsworn falsification to authorities. ~ Date ~.I!,~ Moody . Kendll lo1''f ~.. () -n :? ::::-ti - "'" .....,.) (.~D .~'; r,;""( .....1:'\ .~: \'T. '-~ ~TI :< v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOODY H. KENDIL, Plaintiff NO. 2006-1044 ELLEN C. MOHAMED, Defendant CIVIL ACTION - IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OR 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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. 4. I verify that the statements made in this waiver 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 ~fJ'~ Moody . Kendll Q)of'{ .-.> {"";.:) ..--" ';':;}, :Y. ~::1 "', 0:) c~, I.!) v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOODY H. KENDIL, Plaintiff NO. 2006-1044 ELLEN C. MOHAMED, Defendant CIVIL ACTION - IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER ~ 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed on February 21, 2006. 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. 4. 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. ~ Date ~ (!1t(~ Ellen C. Mohamed 3o-f'lt '::::." ~~:; I~ c:r. -on :~ .,- j-;l r-,) 0.) (.f" v> v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOODY H. KENDIL, Plaintiff NO. 2006-1044 ELLEN C. MOHAMED, Defendant CIVIL ACTION - IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER !l3301(c) OR 3301(d) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this waiver 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 y ~ ~7t14Jl Ellen C. Mohamed L\ oPt ~., ,; ;':;;;; ~:1 d' :"''',) CD - .. L\~' \}> if. if. if. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Moody H. Kendil, Plaintiff No. 2006-1044 VERSUS Ellen C. Mohamed, Defendant DECREE IN DIVORCE AND NOW, l' u\, , tCO<', IT IS ORDERED AND 7 DECREED THAT Moody H. Kendil , PLAI NTI FF, AND Ellen C. Mohamed , 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; None. The Agreement herein entered between the parties on June 12,2006 IDS hereby incorportated. BY THE COURT: ATTE~~~ ~ ~ /~-~~ 9{ PROTHONOTARY if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. J. --h 2. ~r~ ~ ?(?r//-L ~ p~ ~.J~ -rw ?C?'Q/-L