HomeMy WebLinkAbout01-5463NENA M. GROSS,
Plaintiff
ROBERT D. GROSS,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 0~- ._q"q&3
:
: 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 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 divorce is indignities or irretrievable breakdown of
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary, Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO 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, PA 17013
Telephone: (717) 249-3166
NENA M. GROSS,
Plaintiff
ROBERT D. GROSS,
Defendant
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. OI
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
1. The Plaintiff is Nena M. Gross, an adult individual currently residing
at 1880 Lambs Gap Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050.
2. The Defendant is Robert D. Gross, an adult individual residing at 1880
Lambs Gap Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050.
3. Plaintiff and Defendant have been bona fide residents in the
Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately
previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on July 11, 1998, in Cumberland
County.
5. There have been no prior actions of divorce or annulment between the
parties in this or any other jurisdiction.
6. This action is not collusive.
7. Plaintiff and Defendant separated on or about May 15, 2001.
8. The causes of action and sections of the Divorce Code under which
Plaintiff is proceeding are:
A. Section 3301(c) - The marriage of the parties is irretrievably
broken.
B. Section 3301(d) - The marriage of the parties is irretrievably
broken. The parties separated on or about May 15, 2001.
9. Plaintiff and Defendant have no children.
10. Plaintiff has been advised of the availability of marriage counseling
and understands that she may request that her spouse and she participate in counseling.
11. Plaintiff does not request that the Court require that her spouse and
she participate in counseling prior to a divorce decree being handed down by this Court.
WHEREFORE, Plaintiffrespectfully requests this Honorable Court enter
a final decree in divorce.
Date:
Respectfully submitted,
THE LAW OFFICES OF
5922 Linglestown Road
Harrisburg, PA 17112
(717) 671-1500
I.D. No. 33671
Attorney for Plaintiff
AFFIDAVIT
I, ~e~CL ~rc3%% , hereby certify that the aforegoing is tree
and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to
unswom falsifications to authorities.
Dated:
MATRIMONIAL SETTLEMENT AGREEMENT
THIS AGREEMENT is made this ~/-//~ dayof 0C/gO~[~ ,2001,
by and between Nena M. Gross of 2904 Warren Way, Mechanicsburg, Cumberland County,
Pennsylvania, 17050 (herein "Wife") and Robert 1). Gross of 1880 Lambs Gap Road,
Mechanicsburg, Cumberland County, Pennsylvania, 17050 (herein "Busband").
RECITALS
A. The parties hereto, being Husband and Wife, were lawfully married on July 11,
1998, in Cumberland County, pennsylvania.
B. Differences have arisen between Husband and Wife in consequence of which they
have begun to live separate and apart from each other.
C. Husband and Wife acknowledge that they both have consulted their attorneys and
have been advised by their attorneys of all of their rights and duties or have had the opportumty to
consult independent legal counsel and have wilfully, knowingly and voluntarily waived the right to
consult an attorney.
WITNESSETH
NOW, THEREFORE, in consideration of the mutual promises, covenants and
undertakings herein contained, the parties, each INTENDING TO BE LEGALLY BOUND, agree
as follows:
1. Recitals. The Recitals set forth above are incorporated herein by reference and
specifically made a part of this Agreement.
2. Divorce. It is specifically understood and agreed by and between the parties, and
each party does hereby warrant and represent to the other that, as defined in the pennsylvania Divorce
Code, their marriage is irretrievably broken. Wife filed an action in the Court of Common Pleas of
Cumberland County, Pennsylvania, to Docket No. 01-5463 on September 7, 2001. Such Complaint
was validly served upon Husband on September 27, 2001, via certified mail, return receipt requested
and Husband hereby acknowledges such service. The parties agree to take all legal steps (including
the timely and prompt submission of all documents and the taking of all actions) necessary to assure
that a Divorce pursuant to 23 Pa. C.S.A. § 3301(c) of the Divorce Code is entered as soon as
possible. This Agreement and any ancillary or supplemental agreements shall be incorporated by
reference and merged into the proposed Divorce Decree presented to the Court.
Husband and Wife shall at all times hereafter have the right to live separate and apart
from each other and to reside from time to time at such place or places as they shall respectively deem
fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest
the other in any way whatsoever nor endeavor to compel the other to cohabit or dwell with him or
her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission
on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their
living apart.
2. Marital Property.
(a) Personal Property Division. Husband and Wife acknowledge that they have
divided all personal property acquired during the marriage to their mutual satisfaction. A separate list
of the personal property which Husband shall acquire is attached hereto as Exhibit "A." Husband
hereby relinquishes all right, title and interest in Wife's personal property currently in her possession
and as set forth on Exhibit "A," and Wife hereby relinquishes all right, title and interest in Husband's
personal property currently in his possession, except as provided herein to the contrary.
(b) Real Property Division. The parties have agreed to a division of the real
property known and numbered as 1880 Lambs Gap Road, Mechanicsburg, Cumberland County,
Pennsylvania, 17050 (herein the "Property"). Husband shall, upon execution hereof, make formal
application with a lender to refinance the joint mortgages and assume such debt in his own name.
Loan approval is agreed to be a contingency for this agreement. The loan terms shall be acceptable
to Husband in his sole discretion. There are currently two (2) mortgages on the property as follows:
(1) Waypoint Bank Loan Number 50092024; and (2) Waypoint Bank Loan Number 3251000101.
Upon execution of the refinance documentation, Wife shall execute a special warranty Deed
conveying all of her right, title and interest in and to the Property to Husband. Husband, shall then,
upon disbursement of funds, pay off Wife's automobile loan for the 1997 Chevrolet Blazer, VIN
1GNDT13W1VK171616, to Member's First Credit Union, Loan Number 177525-01. Such loan
balance is approximately $9,000.00. Husband shall also tender to Wife the difference between the
vehicle loan payoff and the agreed upon cash settlement sum of $23,031.00.
(c) Retirement, Pension, 401-K Plan. Each party hereby relinquishes all right, title
and interest in the other party's retirement, pension and/or 401-K plan based upon the consideration
and representations set forth herein.
3. Debts and Obligations.
(a) Individual debts/obligations. Each of the parties shall assume all debts and
obligations presently in their individual names and shall indemnify, defend and hold the other harmless
from said debts and obligations, whether incurred prior to, during, or subsequent to the marriage.
This shall include all personal, individual credit cards and personal individual loans by either party.
Each party hereby agrees to pay and hereby agrees to hold the other harmless from any and all
personal debts and obligations incurred by him or her on or after the date of this Agreement. If any
claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of
any such debts and obligations, such party will at his or her sole expense defend the other party
against any such claim, action or proceeding, whether or not well-founded, and indemnify the other
party against any loss resulting therefrom.
(b) Joint debts/obligations. Husband and Wife represent that there no other joint
debts or obligations currently outstanding with respect to which either party may incur any liability
now or in the future except as set forth herein.
4. Legal Fees. Each party agrees that they shall be responsible for their own legal and
other fees incurred by them in connection with this domestic relations matter unless otherwise
specified herein or otherwise agreed to by them.
5. Automobiles. Upon execution hereof the parties agree that the 1988 Pontiac 6000,
currently titled to Husband and currently in Husband' s possession shall become the sole free and clear
property of Husband, and that Husband shall insure and assume all liability therefor. Wife waives any
fight, title or interest she may have in and to said automobile and shall promptly, at any time
necessary, execute any title or transfer documents necessary to fulfill this provision.
Upon execution hereof and satisfaction of the terms set forth in section 2(b) above,
the parties agree that the 1997 Chevrolet Blazer currently titled to Wife and currently in Wife's
possession shall become the sole free and clear property of Wife and that Wife shall insure and
assume all liability therefor. Husband waives any fight, title or interest he may have in and to said
automobile and shall promptly, at any time necessary, execute any title or transfer documents
necessary to fulfill this provision.
6~ Other Writings. Each of the parties hereto agrees to promptly execute any and all
documents, consents, waivers, bills of sale, tax returns or other writings reasonably necessary to carry
out the intent of this Agreement.
7. Further Debt.
(a) Wife shall not contract or incur any debt or liability for which Husband or his
property or estate might be responsible and shall indemnify and save harmless Husband from any and
all claims or demands, including attorneys' fees and costs, made against him by reason of debts or
obligations incurred by her.
(b) Husband shall not contract or incur any debt or liability for which Wife or her
property or estate might be responsible and shall indemnify and save hara-dess Wife from any and
all claims or demands, including attorneys' fees and costs, made against her by reason of debts or
obligations incurred by him.
8. Mutual Release. Except as otherwise provided herein and so long as this
Agreement is not canceled by subsequent agreement, the parties hereby release and discharge,
absolutely and forever, each other from any and all rights, claims and demands, past, present and
future, resulting from the marriage relationship, specifically from the following: alimony pendente lite;
alimony; spousal support; division of property; claims or rights of dower and right to live in the
House; right to act as executor or administrator in the other's estate; rights as devisee or legatee in
the Last Will and Testament of the other; any claim or right as beneficiary in any life insurance policy
of the other unless specifically named otherwise or as required herein; and any claim or right in the
distributive share or intestate share of the other party's estate, all unless specified to the contrary
herein or in a subsequent writing signed by the parties hereto.
9. Tax Return. The parties have elected to continue to file a joint tax return for tax
year 2001 and to equally split any tax refund which may be given by any particular taxing authority.
In the event there are sums due, each party shall contribute according to their pro-rata income.
Thereafter, the parties shall file separate individual income tax returns. Each party shall be solely
liable for any and all of their own tax liability and shall indemnify, defend and hold the other harmless
from and against any such liability.
10. Medical/Health Insurance. Upon execution hereof, each party shall be responsible
for their own medical/health insurance and the maintenance thereof, if any.
11. Entire Agreement. This Agreement constitutes the entire understanding between
the parties, and there are no covenants, conditions, representations or agreements, oral or written,
of any nature whatsoever, other than those herein contained.
12. ~. It is the intent of the parties hereto to be legally bound hereby,
and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators
and assigns.
13. Full Disclosure. Each party asserts that she or he has fully and completely
disclosed all the real and personal property of whatsoever nature and wheresoever located belonging
in any way to each of them; of all debts and encumbrances incurred in any manner whatsoever by each
of them; of all sources and amounts of income received or receivable by each party; and of every
other fact relating in any way to the subject matter of this Agreement. These disclosures are part of
the consideration made by each party for entering into this Agreement.
14. Costs to Enforce. In the event that either party defaults in the perfo~xance of any
duties or obligations required by the terms of this Agreement, and legal proceedings are commenced
to enforce such duty or obligations, the party found to be in default shall be liable for all expenses,
including reasonable attorneys' fees, incurred as a result of such proceedings.
15. Agreement Volunta~_ and Clearly Understood. Each party to this Agreement
acknowledges and declares that he or she respectively:
(a) Is fully and completely informed as to the facts relating to the subject matter of
this Agreement and as to the rights and liabilities of both parties; and
(b) Enters into this Agreement voluntarily after receiving the advice of independent
counsel or, having been advised to consult independent counsel, has knowingly and voluntarily chosen
to forego such consultation; and
(c) Has given careful and mature thought to the making of this Agreement; and
(d) Has carefully read each provision of this Agreement; and
(e) Fully and completely understands each provision of this Agreement, both as to the
subject matter and legal affect.
16. Amendment or Modification. This Agreement may be amended or modified only
by a written instrument signed by both parties.
17. Applicable Law. This Agreement shall be governed, construed and enforced
under the statute and case law of the Commonwealth of Pennsylvania.
18. SeverabiliW. If any part of this Agreement is determined to be invalid by a court
of competent jurisdiction, such determination shall not invalidate the entire document but shall apply
only to that phrase, sentence, paragraph or section. The remainder of the sentence, paragraph,
section and Agreement shall continue in full force and effect.
19. Counterparts. This Agreement may be executed in separate counterparts, each
counterpart deemed an original and when combined represents the legal binding intent of the parties
hereto. Signature pages follow this page.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year first written above:
WITNESS:
HUSBAND:
Robert D. Gross
WITNESS:
WIFE:
BEIN~UR, Notary Put~c ~
JOHN R. Da... in coun
COMMONWEALTH OF PENNSYLVANIA :
: SS.:
CmJN OF PN4 :
On this, the~ day of OCTT) ~> ~ ,200 l, before me, a Not~ ~blic,
the undersigned officer, personally appe~ed Robe~ ~. Gross, ~own to me (or satisfactorily
proven) to be the person whose name is subscribed to the wit~n instrument and acknowledged that
he executed the same for the pu~oses herein cont~ned.
~ WITNESS WBE~OF, I hereunto set my hand ~d offici~ seal.
Not~
My Co~ission Expires:
(S~)
COMMONWEALTH OF PENNSYLVANIA :
: SS.:
On this, the'~ay of/~f?~7~ ~~''- ,2001, before me, a Notary Public,
the undersigned officer, personally appeared Nena M. Gross, known to me (or satisfactorily proven)
to be the person whose name is subscribed to the within instrument and acknowledged that she
executed the same for the purposes herein contained.
WHEREOF, I hereunto set my hand and offici~al seal.
Notary Public
My Commission Expires:
(SEAL)
EXHIBIT "A"
Proposed Divorce Settlement Calculations from
Robert D. Gross to Nena M. Gross
27 House Payments ~ $783.00
Kitchen Table and 4 Chairs
Living Room Table (small green)
Kitchen Carpet (green)
Air Hockey Table
3 6 ft. slider blinds ~ $20.00
2 bedroom mini-blinds ~ $80.00
Frigidaire Washer and Dryer set
Dehumidifier
Push Lawn Mower
Gas Grille
3 - plastic garage shelves ~ $20.00
2 payments orS100.00 for tanning bed
Hose reel
Shovels and rakes
Total Cash payout
$21,141.00
$200.00
$20.00
$40.00
$50.00
$60.00
$160.00
$80O.00
$50.00
$100.00
$120.00
$60.00
$200.00
$10.00
$20.0O
$23,031.00
Computer and accessories Value to Nena (does not
include current AOL connection)
$800.00
Total Cash and Computer Value
$23,831.00
Total Estimated Cash Payout
Full Payoff of 1997 Chev. Blazer loan (Member's
First receives payment and Bob will sign off of
loan)
$23,031.00
$9,000.00-
Estimated total cash payment to Nena $14,031.00
ADDENDUM TO
MATRIMONIAL SETTLEMENT AGREEMENT
THIS ADDENDUM is made this ,,~!$~- dayof L~ov'~~L ,2001,
by and between Nena M. Gross of 2904 Warren Way, Mechanicsburg, Cumberland County,
Pennsylvania, 17050 (herein "Wife") and Robert D. Gross of 1880 Lambs Gap Road,
Mechanicsburg, Cumberland County, Pennsylvania, 17050 (herein "Husband").
RECITALS
WHEREAS, the parties hereto have entered into an Agreement of even date herewith
which contains provisions requiring Husband to refinance the jointly owned real estate and the Parties
desire to clarify the terms thereof in this Addendum.
WITNESSETH
NOW, THEREFORE, in consideration of the mutual promises, covenants and
undertakings herein contained, the parties, each INTENDING TO BE LEGALLY BOUND, agree
as follows:
1. Recital. The Recital set forth above is incorporated herein by reference and
specifically made a pan of this Agreement.
2. Real Estate Matters: The parties have agreed to the following item from the
Matrimonial Settlement Agreement:
2(b) Real Property Division. The parties have agreed to a division ofthe real propetty lmown and
numbered as 1880 Lambs Gap Road, Mechantcsburg, Cumberland County, Pennsylvania, 17050 (herein the
"Property"). Husband shall, upon execution hereof, make formal application with a lender to refinance the joint
mortgages and assume such debt in his own name. Loan approval is agreed to be a contingency for this agreement.
The loan terms shall be acceptable to Husband in his sole discretion. There are currently two (2) mortgages on the
property as follows: (1) Waypoint Bank Loan Number 50092024; and (2) Waypoint Bank Loan Number 3251000101.
Upon execution of the refinance documentation, Wife shall execute a special warranty Deed conveying all of her right,
title and interest in and to the Property to Husband. Husband, shall then, upon disbursement of funds, pay off Wife's
automobile loan for the 1997 Chevrolet Blazer, VIN 1GNDT13W1VKI71616, to Member's First Credit Union, Loan
Number 177525-01. Such loan balance is approximately $9,000.00. Husband shall also tender to Wife the difference
between the vehicle loan payoff and the agreed upon cash settlement sum of $23,031.00.
It is understood that the Matrimonial Settlement Agreement and all of the provisions
therein are contingent upon Husband obtaining approval for acceptable financing and paying offthe
referenced mortgages to remove Wife as an obligee thereunder.
3. Ratification and Confirmation. In all other respects not inconsistent with this
Addendum, the Matrimonial Settlement Agreement is hereby ratified and confirmed.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum the day
and year first written above:
WITNESS:
HUSBAND:
Robert D. Gross
WITNESS: WIFE:
COMMONWEALTH OF PENNSYLVANIA :
: SS.:
COUNTY OF ~/J~/'~/A.) .'
On this, the 0-151~day of ]~)Ov ~/t4 ~E/~ ,2001, before me, a Notary Public,
the undersigned officer, personally appeared Robert D. Gross, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument and acknowledged that
he executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA :
~O)d'[~ tk : SS.:
COUNTY OF :
On this, the'~7~day of ~_~/~ha.f- ,2001, before me, a Notary Public,
the undersigned officer, personally appeared Nena M. Gross, known to me (or satisfactorily proven)
to be the person whose name is subscribed to the within instrument and acknowledged that she
executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires:
(SEAL)
NOT, AFUAL SEAL
RE, NEE OREtS~'ACH, Notary Public
City of I-I~i~', Dauphin County
My Oornmi~x,p~ros Nov. 3~}, 2002
NENA M. GROSS,
Plaintiff
ROBERT D. GROSS,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 01-5463 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
The undersigned, Renee Dreisbach, hereby certifies that a copy of a
Complaint in Divorce was served upon Robert D. Gross, on September 27, 2001, by
Certified Mail, return receipt requested, addressed as follows:
Robert D. Gross
1880 Lambs Gap Road
Mechanicsburg, PA 17050
I hereby certify that the aforegoing is true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to
authorities.
Date:
I~m 4 If ~ I~ Is desired.
· Pflnt your name and address on the reverse
~o that we can return the card to you.
'· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
2. Article Number (Copy from service labe0
D. Is delivery address diffemflt from item 17
If YES, enter delivery address below: [] No
3. ~,S,S,S,S,S,S,S,S,~ice Type
~,~_ ified Mail [] Express Mail
[] Registered [] Return Receipt for Merchandlae
~il [] C.O.D.
NENA M. GROSS,
Plaintiff
ROBERT D. GROSS,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No. 01-5463 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on September 19, 2001.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after service of
notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unswom falsifications to authorities.
Nena Iv~.: Gross' ~,, - -
NENA M. GROSS,
Plaintiff
ROBERT D. GROSS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-5463 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on September 19, 2001.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after service Of
notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are tree and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unswom falsifications to authorities.
Date:
Robert D. Gross
NENA M. GROSS,
Plaintiff
Vo
ROBERT D. GROSS,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. 01-5463 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c)
OF THE DIVORCE CODE
1. I consent to the entry of a final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is
entered by the Court and that a copy of the Decree will be sent to me immediately after it
is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
Date: /~/~ ~/0 (
Robert D. Gross
NENA M. GROSS,
Plaintiff
ROBERT D. GROSS,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No. 01-5463 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c)
OF THE DIVORCE CODE
1. I consent to the entry of a final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses ifI 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:
Nenai, M. Gross
NENA M.
ROBERT D.
GROSS,
Plaintiff
VS.
GROSS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NO. 01-5463 CIVILTERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information to the court for entry of a divorce decree:
Ground for divorce:
Irretrievable breakdown under §3301(c)
(Strike out inapplicable section).
2. Date and manner of service of the complaint: September 27, 2001, by Certified
Mai 1.
Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code:
by plaintiff December 27, 2001 ; by defendant December 28, 2001
(b) (1) D,ate of execution of the affidavit required by §3301(d)
of the Divome Code:
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
4. Related claimspending: The Marriaae Settlement Aareement between the
parties shall be incorporated, but shall not merae with the
final Decree in Divorce. -
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe to transmit record, a
copy of which is attached:
(b)
Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with
the Prothonotary: December 28, 200'1
Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with
the Prothonotary: December 28, 2001
~------//~r Plaintiff/Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND
STATE OF ~
COUNTY
PENNA.
NENA M. GROSS,
............................. Plaintiff
Versus
ROBERT D. GROSS,
..................... D~fendant
r~() ...... O~--5463 ~'i~.it..-.Term
AND NOW~.~:c.,. ~..~'~..
DECREE IN
DIVORCE
.................. 1~1.2~l, it is ordered and
decreed that ....~e.n.~. ~....~r.o.~.
............................. plaintiff,
and ....Rnber~..D.. ~-~oss.
................................... 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;
The Marriage Settlement Agreement between the pAr~.e.q.$hA11 b,e
incorporated, but shall not merge with the final Decree in Divorce.
NENA M. GROSS,
Plaintiff
ROBERT D. GROSS,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 01-5463 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF INTENTION TO RESUME PRIOR NAME
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
Nena M. Gross, being duly swom according to law, deposes and says that she
is the Plaintiff in the above suit in which final decree from the bonds of matrimony was
entered and she elects to resume her prior name ofNena M. Zeiders, and, therefore, gives
this written notice avowing said intention, in accordance with the provisions of the Act of
May 25, 1939, P. 192, as amended July 13, 1953 (23 P.S. 98).
Nen}~ M. Gross \
to be known as
Sworn and subscribed to
before me this ~ day
Not~ Public
Ner~ M. Zeider~
NO,APdA L SEAL
R~NEE DREI.S~AOH. Notary Public