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HomeMy WebLinkAbout02-2990CYNTHIA LEE SMITH, Plaintiff VS. CHRISTOPHER R. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002- ~0 Civil Term CIVIL ACTION - LAW 1N 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 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. 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 Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 CYNTHIA LEE SMITH, Plaintiff VS. CHRISTOPHER R. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 - ,=ff '~o Civil Term CIVIL ACTION - LAW 1N DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Cynthia Lee Smith, an adult individual, whose address is 401 Market Street, New Cumberland, Cumberland County, Pennsylvania 17070, and whose social security number is 165-54-9708. The Defendant, Christopher R. Smith, is an adult individual, whose current address is 802 Rosemont Avenue, New Cumberland, Cumberland County, Pennsylvania 17070, and whose social security number is 184-50-6139. 3. Plaintiff and Defendant were married on June 30, 1979, in New Cumberland, Cumberland County, Pennsylvania. 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Defendant is not a member of the Armed Services of the United States or its allies. 6. Plaintiff is a citizen of the United States and Defendant is a citizen of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. There are two children bom of the marriage; however, only one child is a minor; namely, Brittany Smith, born April 20, 1988. 10. Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. Date: June 19, 2002 Respectfully submitted, Arthur K. Diis, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 07056 2 VERIFICATION I verify that the statements made in this Complaint in Divorce 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. CYNTHIA LEE SMITH, Plaintiff VS. CHRISTOPHER R. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 - 2990 Civil Term CIVIL ACTION - LAW IN DIVORCE NOTICE TO PLEAD TO: Christopher R. Smith c/o Robert P. Kline, Esquire P.O. Box 461 New Cumberland, PA 17070 You are hereby notified to plead to the within Claim for Alimony Pendente Lite within twenty (20) days after date of service hereof. Respectfully submitted, Date: September 26, 2002 Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 07056 CYNTHIA LEE SMITH, Plaintiff VS. CHRISTOPHER R. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 - 2990 Civil Term CIVIL ACTION - LAW IN DIVORCE CLAIM FOR ALIMONY PENDENTE LITE AND NOW, this O~ day of September 2002, comes the Plaintiff, Cindy Lee Smith, by her Attorney, Arthur K. Dils, Esquire, and re. spectfully avers the following: 1. Plaintiff hereby avers that she does not have sufficient funds in which to support herself during the pendency of this divorce action. 2. Plaintiff hereby avers that Defendant does have sufficient funds to support the Plaintiff during the pendency of this divorce action. 3. Plaintiff hereby requests the Defendant be ordered to pay alimony pendente lite during the pendency of this divorce action. WHEREFORE, Plaintiff, Cynthia Lee Smith, by her Attorney, Arthur K. Dils, Esquire, respectfully prays your Honorable Court to order the Defendant to pay to the Plaintiff, alimony pendente lite. Respectfully submitted, BY: ~ Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 07056 VERIFICATION I verify that the statements made in this Claim for Alimony Pendente 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. Lite D~e: September 26, 2002 CERTIFICATE OF SERVICE I, Arthur K. Dils, Esquire, hereby certify that a tree and correct copy of the within Claim for Alimony Pendente Lite served upon the following individual by first class, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on the o~ day of September 2002, addressed as follows: Robert P. Kline, Esquire P.O. Box 461 New Cumberland, PA 17070 Respectfully submitted, Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 07056 Date: September 26, 2002 CYNTHIA LEE SMITH, Plaintiff VS. CHRISTOPHER R. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 - 2990 Civil Term 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 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, iDIVISION 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, PA 17013 (717) 249-3166 1-800-990-9108 CYNTHIA LEE SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2002 - 2990 Civil Term CHRISTOPHER R. SMITH, Defendant CIVIL ACTION -- LAW IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Paragraphs one (1) through ten (10) of the original Complaint in Divorce are incorporated herein and made apart hereof by reference. 11. Plaintiff hereby avers that the grounds on which this action is based are: (a) That the Defendant has offered such indignities to the person Of the Plaintiff, the injured and innocent spouse,, so as to render Her condition intolerable and life burdensome. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. 12. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION Plaintiff hereby avers that Plaintiff and Defendant are the joint owners of real estate located at 802 Rosemont Avenue, New Cumberland, Pennsylvania, which is subject to equitable distribution by your Honorable Court. 13. Plaintiff hereby avers that Defendant has a pension plan, retirement account, 401(k) account and/or other employment related expenses which are subject to equitable distribution by your Honorable Court. 14. Plaintiff hereby avers that Plaintiff and Defendant are the joint owners of various household furnishings and personal property which are subject to equitable distribution by your Honorable CoroX. WHEREFORE, Plaintiff respectfully requests your equitably distribute all marital property. Honorable Court to COUNT III CLAIM FOR ALIMONY~ COUNSEL FEES, COSTS AND EXPENSES 15. Plaintiff hereby avers that she does not have, sufficient funds to support herself upon the conclusion of the divorce action. 16. Plaintiff hereby avers that Defendant does have sufficient funds to support the Plaintiff upon the conclusion of the divorce action in the form of alimony. 17. Plaintiff hereby avers that she does not have sufficient funds to pay her counsel fees, costs and expenses incidental to this divorce action. 18. Plaintiff hereby avers that Defendant does have sufficient funds to pay Plaintiff's counsel fees, costs and expenses incidental to this divorce action. 2 WHEREFORE, Plaintiff respectfully prays your Honorable Court to Order the Defendant to pay Plaintiff alimony, counsel fees, costs and expenses incidental to this divorce action. Respectfully submitted, //" ,, :/' · Arthur K. Dils, Esquire 10 ! 7 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 07056 3 VERIFICATION I verify that the statements made in this Ai~NDED CO}~LAINT are tree 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: JANUARY 30, 2003 CERTIFICATE OF SERVICE I, Arthur K. Dils, Esquire, hereby certify that a true and correct copy of the within Amended Complaint was served upon the fbllowing individual by first class, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on the~rqday of-4~y, 2003, addressed as follows: Robert P. Kline, Esquire P.O. Box 461 New Cumberland, PA 17070 Date: 3, $ammry-~, 2003 Respectfully submitted, BY: Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717)232-.9724 I.D. No. 0'7056 CYNTHIA LEE SMITH, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-299~ Civil Term CHRISTOPHER R. SMITH, Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, Arthur K. Dils, Esquire, who being duly sworn deposes and says that a true and correct copy of the Complaint in Divorce was served upon the Defendant, Christopher R. Smith, at his address of 802 Rosemont Avenue, New Cumberland, PA. 17070 by U.S. Certified Mail No. 7001 1140 0000 9826 9763 on June 28, 2002. Attached hereto is the certified mail return receipt signed by the Defendant, Christopher R. Smith, evidencing the same. Sworn and subssri~b~,m before me thi~--Z~ '~Yi%c--x' day .., Notary Public · Complete iten~ .2, and 3. Also complete item 4 if RestriCt~ 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 mailpiece, or on the front if space permits. 1. Article Addressed to: [] Agent [] Addresse( C. Date of Delivery D. Is deiivery address different fmm item l? [] Yes If YES, enter delivery address below: CI No  'Certified Mail [] Mail Express I~ Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~ yes 2. Article Number (Transfer from service label) PS Form 3811, August 2001 /'/V'O OOoo Domestic Return Receipt 102595-01-M-25( CYNTHIA LEE SMITH, Plaintiff VS. CHRISTOPHER R. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 - 2990 Civil Term CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this t_~_.day of July 2003, upon presentation and consideration of the within Agreement, it is hereby ORDERED that the Agreement attached hereto, is incorporated herein and made an Order of this Court, said Agreement is dated June 13, 2003. Distribution: BY THECOURT: Robert P. Kline, Esquire, P.O. Box 461, New Cumberland, PA 17070 -- ~ Arthur K. Dils, Esquire, 1017 North Front Street, Harrisburg, PA 17102 i, :~0 CYNTHIA LEE SMITH, PLAINTIFF V. CHRISTOPHER R. SMITH, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-2990 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE MARITAL SETTLEMENT AGREEMENT This Agreement, made and entered into this /~f 7/~ day of June, 2003, between CYNTHIA LEE SMITH, of Cumberland County, Pennsylvania, hereinafter referred to as "Wife", and CHRISTOPHER R. SMITH, of Cumberland County, Pennsylvania, hereinafter referred to as "Husband". WItEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on June 30, 1979 in New Cumberland, Cumberland County, Pennsylvania; WHEREAS, there have been two (2) children bom oflhis marriage between Husband and Wife, to wit: Ryan H. Smith, bom September 9, 1982; and Brittany L. Smith, bom April 20, 1988. 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 fi:om the execution hereof, and each has had the oppommity 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 WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her fights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, 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 expenses and other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, 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, and all rights to alimony, alimony pendente lite, counsel fees or expenses; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do 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. -2- 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which evem such express provision shall take precedence over this paragraph, the parties hereto intend that ~rom 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 ta~e the Husband or Wife's or family exemption or allowance, to be vested with letters of admiuistration or letters testamen~.~y, 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 married, 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. 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 neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or otherwise for the other, and 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. -3- 4. Division of Personal Property. A. Except as otherwise provided herein, the parties agree that all items of personal property obtained by the parties during their marriage had been divided amongst the parties to their mutual satisfaction. 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 if he or she were anmarried. B. The parties agree that the 1988 Toyota shall be the sole and separate property of Wife. The parties agree that the 1998 Ford Taurus shall be the sole and separate property of Husband. Furthermore, Husband shall hold harmless and indemnify Wife as a result of any liability which may arise as a result of the indebtedness secured by said vehicle. C. Personal effects. All items of personal effect such as but not limited to jewelry, luggage, sports equipment, hobby collections and books but not including furniture or any other property, personal or otherwise specifically disposed of pursuant to this agreement shall become the absolute and sole property of the party who has had the principal use thereof or to whom the property was given or form whotn it was purchased, and each party hereby surrenders any interest he or she may have in such tangible personal property of the other. 5. Debts. The parties are not joint owners of any outstanding credit cards or other debt. Each party hereby agrees that they will be responsible for any and all debt incurred in their -4- own name during the course of the marriage, except as otherwise provided herein. 6. 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. 7. Real Property. The parties are the owners of real property located at 802 Rosemont Avenue, New Cumberland Borough, Cumberland County, Pennsylvania. The parties hereby agree that Wife shall execute and deliver a deed to the above real property in favor of Husband upon the execution of this Agreement. Said deed shall not be recorded, but shall remain in escrow with Husband's counsel, until such time that Husband has obtained financing in the form ora mortgage loan for the purposes of paying to Wife full consideration for the property settlement contained within this Agreement. Husband shall have sixty (60) days fi.om the date of this Agreement upon which to settle and disburse upon said mortgage loan. Upon disbursement of the mortgage loan, Husband shall pay to Wife the sum of $50,000.00, which payment shall be full consideration for the property settlement contained within this Agreement. 8. Waiver of Alimony. In consideration of the mutual agreement of the parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the p~mies agree to waive any and all claims for any alimony. 9. 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 tire other party. 10. Bankruptcy. The parties acknowledge and agree that they have specifically structured this Agreement so that the terms, covenants, and conditions set forth herein are non- -5- dischargeable in bankruptcy, under I1 U.S.C.§523(a)(5), §523(a)(15), or otherwise. It is further specifically acknowledged, represented and understood that as part of the consideration of the making of this Agreement, that: (a) Such obligation is for alimony to, maintenance for or support of the other party; (b) The party filing bankruptcy, hereafter the "Filing Party," has the ability to pay such debt from income or property not reasonably necessary to be expended for the maintenance or support of the Filing Party or of a dependent of the Filing Party or if such party is engaged in a business, for the payment of expenditures necessary for the continuation, preservation and operation of such business; (c) Discharging such debt will not result in a benefit to the Filing Party that would outweigh the detrimental consequences to the other party or a child of the Filing Party. Both parties further acknowledge that the preceding terms and representations set forth their actual intent. 11. Counsel Fees and Court Costs. The parties agree that they shall each be responsible for their own legal fees and court costs incurred in the preparation of this Agreement as well as the preparation and filing of the Divorce Action captioned at Cynthia Lee Smith v. Christopher R. Smith, Cumberland County No. 2002-2990 Civil Term. If either party incurs any other legal fees or court costs over and above those associated with this Agreement or the Divorce proceedings captioned above, those fees and costs shall be borne by that party exclusively. 12. Divorce. The parties acknowledge that an action for divorce between them has been filed by Wife and is presently pending between them in the Court of Common Pleas of Cumberland County to the caption Cynthia Lee Smith v. Christopher R. Smith, Cumberland County No. 2002-2990 Civil Term. 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 -6- 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 ora final divorce decree in that action. 13. Breach. In the event that either party breaches any provision of this Marital Settlement 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. 14. Enforcement. The parties agree that this Marital Settlement Agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 15. Applicable Law and Execution. The parties hereto agree that this Marital Settlement Agreement shall be conslrued under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 16. The Entire Agreement. The parties acknowledge and agree that this Marital Settlement 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. 17. Incorporation and Judgment for Divorce. In the event that either husband or wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this agreement and all of its provisions shall be incorporated into, but shall not merge with, any such judgment for divorce, either directly or by n~'ference. The Court, on entry of -7- judgment for divorce, shall retain the right to enforce the provisions and terms of this Marital Settlement Agreement. 18. 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 came 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 Io 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. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: ? CHRISTOPHER R. SMITH -8- COMMONWE~OF PENNSYLVANIA: . : SS COUNTY OF : Onthe /7?'~- dayof ~//'~ ,2003, beforeme, the undersigned officer, a Notary Public, personally appeared CYNTHIA LEE SMITH, known to me or satisfactorily proven to be the person whose name is subscribed to the within inslrument, and acknowledge that she executed the foregoing for the purpose therein contained. 1N WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA: :SS COUNTY OF CUMBERLAND : On the )'~ 1-~ day of ~'x) ~,_L~ ,2003, before me, the undersigned officer, a Notary Public, personally appeared CHRISTOPHER R. SMITH, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledge that he executed the foregoing for the purpose therein contained. 1N WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARY PUBLIC ()BERT PETER KLINE,cumbe~.landNOta~Y pu~_rlCCo.~J I NR~ Oumbe~ and Boro., [_~y~Commisslon Expli'es June 21,2004 1 -9- CYNTHIA LEE SMITH, Plaintiff VS. CHRISTOPHER R. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 - 2990 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 21, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from 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. 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 Waiver 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 falsification to authorities. CYNTHIA LEE SMITH, Plaintiff VS. CHRISTOPHER R. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 - 2990 Civil Term CIVIL ACTION - LAW 1N DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 21, 2002. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree in Divome without notice. 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 Waiver 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 falsification to authorities. Date: ~-~-{ ~)~5 Christopher R. Smith, Defendant cYNTHIA LEE SMITH, plaintiff VS. CHRISTOPHER R. SMITH, Defendant IN THE COUP:I? OF coMMON pLEAS cUMBERLAND COUNTY, pENNSYLVANIA No. 2002 - 2990 civil Term CIVIL ACTION - LAW IN DIVORCE TO Tile PROTilONOTARY: Transmit the Record, together with the fi)llowing information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievably broken under Section (X) 3301(c) or ( ) 3301 (d) of the Divorce Code. (Check applicable section) 2. Date and manner of service of the Complaint in Divorce: By certified mail on June 28, 2002. [Complete either Paragraph (a) or (b).] Section 3. (a) Date of execution of Affidavit of Consent required by 3301(c) of the Divorce Code by plaintiff, July 3, 2003; by Defendant, June 21, 2003. (b) Date of execution of Plaintiff s affidavit required by Section 3301 (d) of the Divorce Code: N/A; Date of service of Plaintiffs affidavit upon Defendant: N/A. o Date of service of Notice of Intent to Finalize under Section 3301(d) of the Divorce Code: N/A; Date of filing of Waiver of Notice of Intent to Finalize by Plaintiff.' Simultaneously herewith; by Defendant: Simultaneously herewith. Related Claims Pending: None ? Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 07056 Attorney for (x) Plaintiff ( ) Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of PENNA. CYNTHIA LEE SMITH, Plaintiff Defendant NO. 2002-2990 Civil Term DECREE IN DIVORCE t? 2o0'5 , IT IS ORDERED AND DECREED THAT CYNTHIA LEE SMITH , PLAINTIFF, AND CHRISTOPHER R. SMITH , 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; ~OTARY ALLEN-VIEW HOMEOWNERS ASSOCIATION, INC., a Pennsylvania Non-Profit Corporation, Plaintiff GINA M. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY No. 02-2900 (Equity) ZWANZIGER, : Defendant : Pi~AECIPE TO THE PROTHONOTARY: Please note on the docket that defendant Gina M. Zwanziger hereby withdraws, with prejudice, her motion for post-trial relief and her answer to plaintiff's motion for post-trial relief, in accordance with a release and settlement agreement between the parties. Dated: October 13, 2004 By KEEFER WOOD ALLEN & P3IHAL, LLP Charles W. Rubendall II I.D. # 23172 Donald M. Lewis III I.D. # 58510 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 717-1255-8010 and 255-8038 Attorneys for defendant CERTIFICATE OF SERVICE I, Charles W. Rubendall II, Esquire, one of the attorneys for defendant, hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Karl M. Ledebohm, Esquire P. O. Box 173 New Cumberland, PA 17070-0173 KEEFER WOOD ALLEN & RAP=AL, LLP By Charles W. Rubendall II Dated: October 13, 2004