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HomeMy WebLinkAbout02-1589DAVID p. CLIBER, Plaintiff VS. IILL A. CLIBER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002- /ff'~ Civil Temt : 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 available in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE CARLISLF., PENNSYLVANIA 17013 IF YOU DO NOT FII.~ 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 AVENUE CARLISLE, PENN~~ MAX J. SMITH, JR., Esquire JARAD W. HANDELMAN, Esquire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 DAVID P. CLIBER, Plaintiff VS. JILL A. CLIBER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 002- civil ; : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, DAVID P. CLIBER, 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, DAVID P. CLIBER, is an adult individual and citizen of the United States of America, whose address is 205 Bailey Street, Harrisburg, Cumberland County, Pennsyl- vania 17070. 2. The Defendant, JILL A. CLIBER, is an adult individual and citizen of the United States of America, whose address is 242 Haldeman Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 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 March 18, 1989 in New Cumberland, Pennsylvania. 5. Plaintiff avers that there are two (2) children of the parties under the age of 18, namely: David W. Cliber, bom September 16, 1992 and Troy W. Cliber, bom September 26, 1995. 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, pursuant to Section 3301(c) of The Pennsylvania Divorce Code Act 206 of 1990. 10. Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render his condition intolerable and life burdensome, pursuant to Section 3301(a)(6) of The Pennsylvania Divorce Code Act 206 of 1990. 11. This action is not collusive. WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. Dated: ~q;~ 2~ ,2002 MAX J. SMITH, JR., Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Durkin & Connelly tJ~ P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Complaint aro true and correct. I under- stand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 9 day of ~j~.,~0.~ ,2003, by and between DAVID P. CLIBER, hereinafter referred to as "HUSBAND", and JILL A. CLIBER, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on March 18, 1989 in New Cumberland, Cumberland County, Pennsylvania; WHEREAS, two (2) children were born of this marriage being David W. Cliber, born September 16, 1992 and Troy W. Cliber, born September 29, 1995; WHEREAS, it is the intention o£the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out &the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor children, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by 05/30/2003 reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND has been independently represented by Max J. Smith, Jr., Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, 05/30/2003 2 for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. F/NANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have properly fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents 05/30/2003 3 necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. HUSBAND shall immediately praecipe to finalize the divorce. WIFE agrees to cooperate fully in concluding this matter. 5. SUBSEOUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will 05/30/2003 4 forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement. A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereo£ Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights ora surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 05/30/2003 5 C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, fights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full rome and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 05B0~003 6 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 15. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 05/30/2003 7 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party who is found to have made an intentional error on nondisclosure of income resulting in the additional tax, penalty and interest. Said party shall then be solely liable for said tax and shall indemnil~ and hold the other harmless for such liability, penalty and interest. If said party did not act intentionally or fraudulently in nondisclosure of the income, the liability, penalty and interest shall be shared equally between the parties. The parties filed a joint tax return for 2002. The refund received shall be shared equally between the parties SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and IIOUSEIIOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- 05/30/2003 8 marital and marital personal and household property, including but without limitation, jewels, clothes, furniture, and other assets. HUSBAND agrees that all assets in possession of WIFE shall be the sole and separate property of WIFE and, WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE The parties jointly own property at 242 Haideman Avenue, New Cumberland, Cumberland County, Pennsylvania. Said house is encumbered by a mortgage held by PI-IH Mortgage Services, Account No. 0003425105 in the approximate amount of SIXTY-FIVE THOUSAND DOLLARS ($65,000.00) and a home equity loan held by PSECU, Account No. 175486588 in the approximate amount of NINETEEN THOUSAND SIX HLrNDRED SEVENTY-FIVE DOLLARS ($19,675.00). WIFE desires to maintain said home and reside therein. HUSBAND agrees to convey his interest in this real estate to WIFE upon the condition that WIFE refinances the existing mortgage and home equity debt. WIFE shall be fully responsible for any past, present and future principal, interest, penalties and costs as well as any taxes, insurance and/or any debts associated with the real estate. WIFE hereby agrees to indemnify and hold HUSBAND harmless 05/30/2003 9 from any and all liability as a result of non-payment of the mortgages or any other obligations as enumerated above associated with the real estate. HUSBAND agrees to execute a deed simultaneously with the execution of this Agreement wherein he assigns, conveys and transfers to WIFE all of his interest, rights and title in the marital residence. This deed shall be held in escrow by HUSBAND's counsel and recorded only upon the event of WIFE's successful completion of the refinancing of the mortgage debts. WIFE shall finalize her refinance by ~m6-30,~2003. event WIFE does not secure refinance of the mortgage or release of the mortgage obligations of HUSBAND during that time period, the house shall be listed for sale. Proceeds from the sale shall be the sole property of WIFE and WIFE shall be responsible for all costs associated with the home during that period. C. MOTOR VEHICLES The parties own two (2) vehicles being a 1993 Toyota Camry and a 1998 Ford Windstar Minivan. The vehicles were purchased by the home equity loan assumed by WIFE pursuant to paragraph B. above. HUSBAND shall be the sole owner of the 1993 Toyota Camry. WIFE shall be the sole owner of the 1998 Ford Windstar Minivan. Each party agrees to execute all documents necessary to transfer ownership of the respective vehicle to the other. D. FINANCIAL ASSETS The parties had various bank accounts during the marriage. These accounts are as follows: 05/30/2003 10 PSECU, Account No. 1175486588 Titled: Husband/Wife The above referenced account shall be the sole property of WIFE. All efforts shall be taken to eliminate HUSBAND's name from said account so said account shall be WIFE's sole asset. Any individually titled accounts secured by either party after separation shall also be the sole and separate property of the respective party. The parties also had a jointly titled Certificate of Deposit with PSECU. Said Certificate shall be cashed and divided equally between the parties. Any interest earned on the Certificate during tax year 2003 shall also be divided between them equally for tax reporting purposes. E. PENSION AND RETIREMENT BENEFITS Each party has acquired certain pension and retirement benefits through their employment. This includes WIFE's State Employes' Retirement Pension and deferred compensation of TWO THOUSAND TWO HUNDRED DOLLARS ($2,200.00). HUSBAND has acquired a 401(K) with an approximate balance of TWENTY-NINE THOUSAND DOLLARS ($29,000.00). The parties agree that each party shall maintain as his or her sole and separate property ownership of the pension, retirement or other benefits in their respective names. Each party does hereby agree to release, waive and quitclaim any interest in the benefits of the other. 05/30/2003 11 F. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. However, each party further agrees to carry life insurance in a sum of not less that FIFTY THOUSAND DOLLARS ($50,000.00) on his or her life. The other party shall be named as irrevocable beneficiary in trust for the benefit of the parties' children until the youngest reaches the age of twenty-one (21) years old. This claim shall be enforceable against the other's estate if said insurance shall lapse. Each party shall provide to the other proof of the existence of said insurance annually on the anniversary of this Agreement. G. CASH PAYMENT TO ltUSBAND 2. DEBTS WIFE agrees to pay to HUSBAND the sum of FIFTEEN THOySAND DOLLARS ~) ($15,000 00) upon success.ful refinance of the housej Or Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. 05/30/2003 12 Except as set forth in paragraph B. of the Agreement, no other joint debts exist. WIFE has a marital PSECU Credit Card debt with an approximate balance of TWO THOUSAND DOLLARS ($2,000.00). WIFE shall be responsible for payment of that card. Each party shall be solely responsible for any credit card in his or her name. All joint credit cards are terminated and have been paid. SECTION III1 CltII,D SUPPORT/ALIMONY 1. CHILD SUPPORT Child support shall be held in accordance with the existing Order to the action Jill A. Cliber v. David P. Cliber, Docket No. 347 S 2002, PACSES Case No. 491104450. 2. CUSTODY Custody shall be in accordance with the existing Order set forth to the action Jill A. Cliber v. David P. Cliber, Docket No. 02-3505. 3. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT AND MAINTENANCE Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction &any claims or demands that either O5/3O/2O03 13 may now or hereafter have against the other for support, maintenance, alimony or alimony pendente lite. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite and maintenance. SECTION IV CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. WITNESS DXVID P. CLIBER 05/30/2003 14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ¢Daoe~ ~r~ ) )ss. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared David P. Cliber, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this cYx day of -~5~ a ,2003. My commission expires: Sim M. ~ ~ ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) ss. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Jill A. Cliber, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are tree and correct to the best of her knowledge, information and belie£ ~A~~ efo re me this~- day offS./'' ~'' }Cpires: (SE ) 05/30/2003 15 DAVID P. CLIBER, Plaintiff VS. JILL A. CLIBER, Defendant IN THE COURT OF COMMON CUMBE~ COUNTY, PENNSYIdVANIA : NO. 2002-1589 Civil Term CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 3rd day of April, 2002, 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 of the same in the United States mail, postage prepaid, certified mail W/001 0360 0002 6074 3140 at Hershey, Pennsylvania, addressed to: Jill A. Cliber 242 Haldeman Avenue New Cumberland, PA 17070 Mailing and return receipt cards attached hereto. I.D. No. 32114 JAMES, SMITH, DURKIN & CONNELLY nuv P.O. Box 650 Hershey, PA 17033 (717) 533-3280 items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. pdnt your name and address on the reverse so that we can return the card to you. Attach this card tO the back of the mailpisoe, or on the front if space permits. Article Addressed to: If ¥ enter delivery address below: 3. Service Type ~ Registered 4. Reetdcted O~ ~ery? (E~m Fee) I'1 Return Receipt fo~ Merchandise [3 c.o.o, ~.Arti~leNumber(Copy~om~e~i~elebel) 7001 0360 0002 6074 Form 3811, July 1999 Domestic Return Receipt 3140 102595-00-M-0952 DAVID P. CLIBER, Plaintiff VS. JILL A. CLIBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1589 Civil Term CIVIL ACTION- LAW IN DIVORCE April 2, 2002. 2. AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 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 of the 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 unswom falsification to authorities. Date: .3o.~t q, :1oo5 DAVID P. CI~IBER DAVID P. CLIBER, Plaintiff VS. JILL A. CLIBER, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1589 Civil Term CIVIL ACTION- LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divomed until a divorce decree is entered by the Court and that a copy o£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. DAVID P. CLIBER DAVID P. CLIBER, Plaintiff JILL A. CLIBER, Defendant April2,2002. : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002- 1589 : CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce at~er service of notice of intention to request entry of the decree. 4. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: {,12 '~/o~ - ~ 3 DAVID P. CLIBER, Plaintiff JILL A. CL1BER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1589 CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry ora final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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 statement herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DAVID P. CLIBER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE JILL A. CLIBER, Defendant : NO. 2002-1589 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 §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: United States Mail, Certified Mail, Restricted Delivery on April 4, 2002. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by Plaintiff: June 9, 2003; by Defendant: June 12, 2003. 4. Related claims pending: None. All matters have been resolved between the parties pursuant to the Marital Settlement Agreement dated June 9, 2003 and incorporated, but not merged, into the Decree. See Paragraph 5, page 4 of the Agreement. 5. Date Plaintiffs Waiver of Notice in §3301 (c) Divorce was~d with Prothonotary: June 26, 2003. Date Defendant's Waiver of Notice in §3301(c)J)i~orf16 was filed with Protho not ary: June 26, 2003. ~/ ~ ~/~~~ Dated: June 25, 2003 ~-~.~ t/ ~ ~B~bara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Defendant Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DAVID P. CLIBER, Plaintiff JILL A. CLIBER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE NO. 2002-1589 CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above- captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: June 25, 2003 Max J. Smith, Jr., Esquire James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey, PA 17033 L Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF DAVID P. CLIBS~ Plaintiff PENNA. NO. 2002 - 1589 VERSUS JILL A. CLIBER, AND NOW, DECREED THAT AND DECREE IN DIVORCE DAVID P. CLIBER JILL A. CLIRk~ 2003 , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO~D~]{~IS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved between the parties pursuant to the Marital Settlement Agreement dated June 9, 2003 and incorporated/but not merged, into the Decree. See Paragraph 5, page 4 of the Agreement. ATTEST:' /~' ('~/ J. ~~ PROTHONOTARY