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HomeMy WebLinkAbout94-02160 s C .\1 - l- eD . ~ : ]~ t-=- J . . . oJ .~'~'~*-~~--~'~~~~~~~~~~*)'~'~:~:~..~'--~~~ ~ -, -~- .. ~ ~ ~ 8 ~ 8 ~ s ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF * PENNA. SONDRA J~(),'BRIEN. " 8 N I), H94~~'~'~?H'H " r,; ~ a ',' , Pla~ntiff. Vel'SlI:; PAUL E. O'BRIEN, .', ~ Defendant ~ 8 w ",. DECREE IN DIVORCE ANDNOW~"!!I""'" 19,9,~. it is ordered and decreed that..",.. .~9~~~~,.,J:,9:~~~~~",.,""',.....,..,"'" plaintiff. and, , .., , , .. , , , , , , .. ,~A,l!~ ,1;., ,Q'.I~ln1;1{ .. , , , , , , , .. , , .. , , .. .. , '" defendant. are divorced from the bonds of matrimony, w ... Sl ~ ~ S ~ ~ S t ~. ~ 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; i..XJv-. c> " ~ ~ ",. .'~ ~ ,~~~ ,~~~~~~ ,~~~~,~~~~,~~~q~~~q ,P'q~~4qq~ ,~Q,q,~~Qp'q~~y',Sq~~temen~,Ag(eement. filed herewith. / """"""""" """"""""""""""::"""'")/""""'.""" "}y' '/ OV T~~U ^1It'.1;.x/~ f' t~. 4-~,,~ J, 74~#K' ? .)r';&" 0,,7 .7 '/7 Prothonotary 8 .:- r,; ~ ,,' IOl P ~ v ',' ~ ~ :;' ~ :;' ,,---, 0;..:. .:.t:. .;.;. .:.;. '..: - ,._.,-.....~., .... ~ ~~ ~.,' .. 'i ..' .:.:- .:+:. .:+:. .~:. .:.:. .:+:. .:.:- .:+:. .:+:. .:+:. .:.:. .:.:. .:+:. .:+:. .:.:. .:.:. .:.:. .:.:. .:+:. .:.:. .:+:. .:.:. .:+:.' . . . 8 . g . $ ~ 8 ~ ~ . * ~ " " ... 8 8 . " r,; i ~7 .'. ~ Q ~.. ~ i ',' ~ ',' $ i ... ~ '.' w ... ~ '.' ~ ',' I~ I~ r " :s :~ I ~.. I:;: ) ~.. /Ol-/").f'~ dd '0/1 !'~~ ;t; ~ ~ /r>J'/,;J ,~ '71~ /It....b ~ ~ . ... . .. .. v r........".,-,.. ..._ r'. .. . ~ '. 9~-';uloo PROPERTY SETTLEMENT AGREEMENT nus AGREEMENT, made this ~day of Del~embe(, 1996. by and between SONDRA J. O'BRIEN, of 52 Drexel Place, New Cumberland, Cumberland County, Pennsylvania (hereinafter referred to as WIFE), and PAUL E, O'BRIEN of 145 Lincoln Avenue, Harrisburg, Dauphin County, PeMsylvania (hereinafter referred to as HUSBAND), WIT N E SSE T H: WHEREAS, HUSBAND and WIFE were lawfully married on July 27, 1990 in the State of Vennont; and WHEREAS, no children were born of the marriage; and WHEREAS, differences have arisen between HUSBAND and WIFE in consequence of which they have decided to obtain an amicable divorce; and WHEREAS, HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that WIFE has been , independently represented by counsel and that HUSBAND, cognizant of his right to legal representation, declares that it is his express, voluntary and knowing intention not to avail himself with respect to the preparation and execution of this Agreement, HUSBAND further declares that he is executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of his legal rights and obligations and that he acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion, NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND. each intending to be t': .. r ~ legally bound, hereby covenant and agree as follows: SECTION A. GENERAL PROVISIONS A.I SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may, from time to time, choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. Each party shall be free from interference, authority, and contact by the other, as fully as ifhe or she were single and unmarried, except as may be necessary to cany out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, A.Z MUTUAL CONSENT DIVORCE: WIFE has filed a Complaint in Divorce in Cumberland County to docket number 94-2160 Civil Tenn, claiming that the marriage is irretrievably broken under the no-fiwlt mutual consent provision of Section 330 I (c) of the Pennsylvania Divorce Code, HUSBAND hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all affidavits or other documents necessary for the parties to obtain a divorce pursuant to Section 3301(c) of the Divorce Code, The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code, This Agreement shall not, however, be contingent upon the granting of a divorce in this case, A.3 EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise 2 t':"""~'^-'... ",..,... ,.. .. , .. specifically provided herein. this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties, A.4 DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, ifany, provided for in this Agreement shall take effect as set forth in this Agreement. A.S EXECUTION DATE: The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the last party signed this Agreement. A.6 MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other and against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtsey, or claims in the nature of dower or curtsey or widow's or widower'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 of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, commonwealth, or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereinafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this 3 r .. , ~ Agreement or for the breach of any thereof, It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof, A.7 WARRANTY AS TO EXISTING OBLIGATIONS: During the course of the marriage, WIFE and HUSBAND have incurred certain liabilities and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills was incurred, that of the liabilities which were incurred prior to the date of the execution of this Agreement, WIFE and HUSBAND each covenants, represents, warrants and agrees that, except as may be otherwise specifically provided for by the terms of this Agreement, as of the date of execution of this Agreement, no unpaid liabilities remain which were incurred by him or her or on his or her behalffor which the other party may be deemed liable, and, if any such debts or obligations should be determined to have existed as of the date of execution of this Agreement, except as set forth below, the party who incurred that debt shall indemnitY and hold the other party harmless from and against any loss or liability and costs or expense, including attorney's fees, incurred as a result of those liabilities, In the event that WIFE or HUSBAND does not pay when due any such bills, obligations or debts, the other party shall have the right, but not the obligation to pay such bills, obligations or debts, If one party pays such bills, obligations or debts which the other party is obligated to pay pursuant to this paragraph after giving the defaulting party five days written notice, the party making the payment shall be entitled to receive reimbursement from the other party not only for payments made, but also for any related costs, including attorneys' fees, A.S WARRANTY AS TO FUTURE OBLIGATIONS: WIFE and HUSBAND each 4 .. 17"':~'~"'''''''''':'_.'~ -- . ,. . . .. covenants, represents, warrants and agrees that, except as may be otherwise specifically provided for by the tenns of this Agreement, neither of them shall hereafter incur any liability whatsoever for which the other or the estate of the other may be liable and each now and at all times hereafter shall indemnifY and hold the other party hannless from and against any such liabilities, costs or expenses, including attorneys' fees, relating thereto incurred by the other party after the date of the execution of this Agreement, A.9 DISCLOSURE: HUSBAND and WIFE each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. SECTION B. ALIMONY. ALIMONY PENDENTE LITE & COIJNSEL FEES B.l ALIMONY: Both parties acknowledge and agree that the provisions of this agreement providing for equitable distributil)n of marital property are fair, adequate, and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereinafter have against the other for support, maintenance, alimony pendente lite or alimony, HUSBAND and WIFE further voluntarily and intelligently waive and relinquish all right to seek from the other any payment for support, maintenance, alimony pendente lite or alimony, B.2 COUNSEL FEES AND EXPENSES: The parties agree to evenly divide the attorney's fees and costs incurred by WIFE in connection with the filing and finalizing of the divorce, the negotiation and preparation of this Agreement and the preparation of documents to effectuate this Agreement. 5 ,.. . .. SECTION C. EQUITABLE DISTRIBUTION OF PROPERTY c., CONSIDERATIONS FOR EOUlTABLE DISTRIBUTION: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Chapter 35 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the fact that it is the WIFE'S second marriage and the HUSBAND'S first marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard ofliving of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective, The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets; and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction ofall marital rights of the parties, C.2 DMSION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, vehicles, and all other articles of personal property which have heretofore been used by them in common, and 6 ,. . " neither party will make any claim to any such items which are currently in the possession or under the control of the other, Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. The above division of property shall include any insurance policies covering that property and escrow accounts relating to that property, C.3 RELEASE OF RIGHTS IN DREXEL PLACE PROPERTY: The parties acknowledge that WIFE owned real property located at 52 Drexel Place, New Cumberland, Cumberland County, Pennsylvania in her sole name prior to the marriage, That property was never transferred into joint names, HUSBAND hereby releases any equitable interest which he may have in the said property, C.4 MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A, The 1992 Chrysler LeBaron shall remain the sole and exclusive property of WIFE; B, The 1993 Ford truck shall remain the sole and exclusive property of HUSBAND, Each party shall be solely responsible for the repayment of any liens against their respective vehicles until indemnified and hold the other party harmless as a result of any nonpayment on the said automobile loans, C.S BANK ACCOUNTS: The parties agree that any monies held by either of them in an account in that party's name alone shall remain the sole and exclusive property of that party, The parties further ratifY the prior division of any monies held in joint accounts. 7 ,. . .. C.6 PENSION. ANNUITIES AND/OR RETIREMENT BENEFITS: Each party hereby releases and relinquishes any and all claims which he or she may have to any pension benefits, insurance benefits, or proceeds, deferred compensation, sal8IY continuation, or any other employment benefits to which the other is now or may hereinafter become entitled, C.7 REt'A YMENT OF LOAN: The parties acknowledge that they jointly obtained a loan from PNC Bank, with a current balance of $20,4 19,59 as of November 4,1996, The parties agree that each sha1I be responsible for paying back this loan in equal portions. This shall be accomplished by HUSBAND paying WIFE one half of the monthly payment no later than the I Sth of the month in which the entire payment is due. This payment is property selllement and shall not be claimed as alimony by either party for income purposes, Nonetheless, in the event HUSBAND files for bankruptcy, WIFE acknowledges that she would need alimony in an amount to cover one half of this payment. SECTION D. ENFORCEMENT AND STANDARD PROVISIONS D.1 BREACH: It is expressly stipulated that if either party fails in the due perfonnance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific perfonnance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defauiting party's attorney in any action or proceeding to compel perfonnance hereunder, D.2 ADDITIONAL DOCIIMENTS: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of 8 ,- ,. . ~ giving full force and effect to the provisions of this Agreement. D.3 ENTIRE AGREEMENT: This Agreement constitutes the entire understanding ofthe parties and supersedes any and all prior agreements and negotiations between them, There are no other representations, terms, covenants, conditions, agreements or warranties. express or implied, oral or wrillen of any nature whatsoever, other than those expressly set forth herein, D.4 AGREEMENT BINDING ON HEIRS: The tenns, provisions and conditions ofthis Agreement shall be binding upon any and all of the heirs, executors, administrators, successors or assigns of either of the respective parties hereto, except as otherwise herein provided, DoS MODmCA TION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same fonnality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, D.6 APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and the amendments thereto, WHEREFORE, the parties have signed this Agreement with the intention of being mutually legally bound, L ~J I r:J J. L'AA~ ) .?~ 0 ~J JE L, LEHMAN, ESQUIRE / SOND J, O'BRIEN a, 10 ncfU l~ e. (J~ WITNESS PAUL E, O'BRIEN 9 ~ ~ ' <'-~;:' , -".' " "\:' ,- '1 .~ ~ ,-?r!;s:~"':;~'; " ;,- '~.....:::..;. ~.,--:.:--:;.. "~,~.' ,mo''^' "i~:':~F:"__,'"::>_.'.',..".",~,:?,'.~,::;;",:~,~.t".,F,L,:',',,~,,'-,""" . ;;II ~.{r ~ !Il~._' ,,10:. -,; _,~ _', '_:_~_O'_~ '-~~~-.-~\~ii~~~1;!~;:~'~~F ~~~~",:;'(;!:\:'f.~'~< 't:; , r , , SONDRA ], O'BRIEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 94-2160 PAUL E, O'BRIEN, CIVIL ACTION - LAW IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record. together with the following infonnation, to the Court for entry of Divorce Decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2, Date and Manner of Service of Complaint: Service was accepted by the Defendant on the 12th day of May, 1994, Certified Mail, Return Receipt Requested, receipt number P 097 459 469 pursuant to an Affidavit of Service which was filed May 17, 1994. 3. Date ofFYPn.tion of the Affidavit of Consent Required by Section 3301(c) of the Divorce Calh:: by each party on December 5, 1996 4, Related Claims Pendinll: None. Respectfully submitted, Date: IJU.Mll/U{ ~ 5 I qq 6 , i41 '11/ In j:l U,IUU.) Je ifer L, L'ehman, Esquire Attorney I. D, #52784 Suite 207 3540 North Progress Avenue Harrisburg, PA 17110 (717) 671-1200 >'~ ^, , , - ~"^ .J. ,[ ~j1r:'t~;.~"': · ~7~~r"~""'~::j~~?:~~::]:'J~1E~ftl r . . SONORA J. O'BRIEN, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . NO. qL/. do I ttJD C'-v," TH~ v. . . . . PAUL E. O'BRIEN, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6100 ~' ..-~, . . ~....,;;~::::,~~:;~,:.;;:, SONDRA J. O'BRIEN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . qL/. ()./l4o c,'",'/ T~r M v. : NO. . . PAUL E. O'BRIEN, Defendant CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER 3301(c) OR 3301(d) OF THE DIVORCB CODB 1. Plaintiff is SONDRA J. O'BRIEN, currently residing at 52 Drexel Place, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant is PAUL E. O'BRIEN, who resides at 145 Lincoln Avenue, Harrisburg, Dauphin County, Pennsylvania 17111. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 27, 1990 in Vermont. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the Court to . . require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. The Plaintiff avers that the marriage is: (a) Irretrievably broken; (b) The parties are now living separately and apart; At the appropriate time Plaintiff will submit an affidavit alleging that the parties have lived separate and apart for at least two years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court to enter a decree o~ divorce. Respectfully submitted, CLECKNER AND FEAREN By: tJ.,"4-1f1LoJcJ. .:111110,/., ) J nn1fdr L. Lehman, Esquire Attorney I.D. No. 52784 31 North Second Street Harrisburg, PA 17101 (717) 238-1731 Date:-Apu.~ ~51,q94 -'" ~...-.",..,-,._.~,. ,', ,~~m'''''''' V B R I F I CAT ION I verify that the statements made in the foregoing Complaint in Divorce Under 3301(c) or 330l(d) of the Divorce Code are true and correct to the best of my knowledge I information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. 1:.1 ~ IO,LJ , , "'/~ u~ SONDRA J. O'B EN Date: AfU 1) (}O!I 19QI./ 1'7~~:~~~,",<",~~,-\ .-;','-.' -;';~!;!~.':7t;, '. ......_~~~"'~,."...,,"~. - ."""_.-....."'-"""..-'W~..,~'-..~ ' ;;-' ,"~' ;"',-: ,~-,.-{ :t'i''''''''~-.....;:T''''''~llf~:t~'!T.!t'_',': '<:":'''f''',* '<: _~: 1f"~~'f'tJ:i." ;j.F!;'-.~ ~: :-" ":' - .;":,'~~~, :~:}:);r?)i~:~)~~~~~j~i':~~:tii.~::f:~1~:,:;2~'c~:h,:"~~,~~_'~~.:.~:">:>:' ~.- " I . . . SONDRA J, O'BRIEN, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 94-2160 PAUL E. O'BRIEN, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 6,1994. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing ofthe Complaint. 3, I consent to the entry of a final decree of divorce after service of notice of intention to request entry ofthe 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 unsworn falsification to authorities, Date: /tl /r /~ &Je(/~' PAUL E, O'BRIEN ., ,". ',;_1,. ~: , ^ -:~:'~ .. :.., ,~ ~'!:': ,,:: " ~ '-~- ~1..t-';:: .;./c.:; .<.- , t' , SONORA J. O'BRIEN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 94-2160 PAUL E. O'BRIEN, : CIVIL ACTION - LAW : IN DIVORCE Defendant 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 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, 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 veritY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S, ~4904 relating to unsworn falsification to authorities, Date:~ /.r/rG dJ.<"~~ PAUL E, O'BRIEN ,"1. A' " i;~ . ."t . ~.r~~ :';iil: , ,'. 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':'~ ".1' "J - ::" '..: 'Cl,lMaBi~ti C0~lY: , ~ENNSyLVANIA ;" :., ~ t~ ~_. :'".\4 C' ,';:' ~"~ .i: '.. c', ,.,'. .".- t~ s: . ~~"Jo.a - ,~" .....~ "~-~ ~.l~' ,.,;~~ 'I;.',t:- g:~': n ...: ... .to) 'D"J_.~:.. _'~, 1;;' J' ~ ~...i:;~'~~'- "f:.'~{ ~, '. _:!.~ " '. " ." .. '" ""_:,"7 :i ,.,' .; '.--1 <, .(... ~ ~~. ::~ '.' '.. :5:'- ~ ., ..., ,~ ;" !~ ",' ., t~; . ' ,.)0. -~ .. "- ....... ~;;.' . , " t:.~: /,; '.', ~ " ,~.- ... ,,-.- .,~. 0:- ..""-. .;: ::;:i ,. '~" .~~ ;-, ~ ,,",,,' :!;f;",~ ,..::. . .~- "'~1 " " " r.... ,i/o, . ....~ ':o;,j;: " -- '" ~;~ ..... ,~~~' ~, .';,~. ';;..' '. .'1 ,. ..; \~ - --,"0,,' 'J .:" !", , ,....~ ;;~ .:;: .,. " '. if. .1f! -, -." ~ tl' \;~ .~ ~t , :~'.' ,~- ~{: . ". ~'...' .,' ,if...I..,.., .': l:'.l "':o.ff ~ ,.; '-_',' j;'-~~:': "J" '. > ~.,F ,/,,1.- ~ r I . ~,1' : 1" . '~~'l:"J .,'." '<" . ~ ' ,I: ';'l:-'-'.";... " . ..B~~~~",~~: ,::1 .; ',-;t " .'':'" ,:".'f!<-;,: " --,'. , <~:J.~' r:::~~ rsr, .1. ," . ." { I: I i ~'- > .. :';?}:~!;;~~~~~~;~~J$)~,<" -.~ -- .~~ -- .... ~, "'<"-~.. f.~~~:7."f>"f;,.,."<;";:'-""~~.~~,,-,T- ,P:'-, :~:>".:_.&' .:-'~1:~ "{; ~"..:. .~ -' ,:i:- . ,1\ :q ,A~' '~' ~. "t " ,,~...~t.,-- ..~';-,~..';~~:r .,:~~:~~1 ~ ~,~:- -, ..:) ~, ~ ;:. '.!...> 1:::' :i. ,'; J', ':;.~ " "'::--' ~.. . ' ~ " . ,::1 ~_.J ',": ~,~ ~ ~,~~ :- ,~. . ':1. ,~., .... .'-.-.. --' .::~ -":' .... :t;:' ~o/ >.~ ~, " ... ."~. ;\ .;:) . i-: ~.<" . ", . '~~.~~~~~,:' f', .1 .~, r ., . _ I. . v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 94-2160 SONORA J. O'BRIEN. Plaintiff Defendant : CIVIL ACTION - LAW : IN DIVORCE PAUL E, O'BRIEN, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 6, 1994, 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date ofthe filing 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, I veritY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S, ~4904 relating to unsworn falsification to authorities, Date: IA/:;/9(, I I i'J1~~1 O'~ I SONDRA t O'BRIEN '. " ..:~ +*"-~.,-!- ,t;.,!,~ :~,~ \'1,~ ""'''C'i .lr';, ,;iiJ' '.1Vf\"'!~. ",.:::'" '.. t.... ~ - .," .:c~ , ,,;t , " ::E' ~! ~ : ",,~ ,'"\. '.. ~'~~. ..~~. . . ~'ft t~ ~'.. ,. t. . ~, ' ~.; :.7 :.ii' -"J;:. .' . '_~t;' i..: ,"." , . ~" ~'. ..:r" '':~.'' . '.'''', '. ALED-OFFIGE ~~, OFTH~~~TAAY ~:' - - ~,-~ .' ":\ ~.- 9601:C:-6 . AII.:9: ~6 - ',- '.' ~ "" . , CUf.fdtiRj',\O wu~iY ~ ':Pa-JNSYLVAN/A ' ,:;,,':;:'"' :"; "" ,.., -~ ..., ~ ,: ::;", .,- '!:.-; '.~>1~ !.;.~ - ,!.i' :rr 1: - ~;; ;. '8 ..... . "~- C ..K.), :~~: "" , ~"". c .,-;', '-" "'.;,'"';- ~:..- ,}L-~ -' 'f", ,,',>, ,,~ ' '?1.. :S' ,. ;-t., "f~ " .,' 7, "'i' :: ~" 1':: (" '", ~~~ ?,.o" ;;~'~5~ ~~-':~1 .~.( ',,<; ?'" ~"t::- "'~. 'r~: ....,:,;.,.,' " 'r:' '~'" . ,}Ii V" ~?~:;?':7~"'~ "',:<;~'''."'..' ~~",":';!,p'-' ^-~~ '.~ T;-.. . ~1 ~" ., .';;~..~ ." \. . ~~. ".,. .:;" <..T '.S 'j:- ~! . ~",; . -', J~, nq}?<'f 'J! .~ f~~" . 01 ;'. ."0 -;, ',y. '~~', J.~~7"Y: .~) . " . . I' I SONORA 1, O'BRIEN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 94-2160 PAUL E, O'BRIEN, Defendant : 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 I. I consent to the entry ofa final decree of divorce without notice, 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted, 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary, I veritY 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, fi4904 relating to unsworn falsification to authorities, Date: /.J./~/Cjb I I ~rJh~ (j, cJ ~ .. SONORA 1f'O'BRIEN ,._",~~,:~t~~Jjt~~;-:i;~j?{:~;~:~i::;:H::~~~;~~:t' .\:~ -r:;, , ...;;.,,' , " 7' , , (> ;'::c,~.: ' . ..,'~~': .- -,.~~,'; . , ',$I; . -<';fi~" ;'~')' ' q', , > "'0,\ t":$t ~.~ii-'.',' '"," ':...1-; '~,' -"~- ~'g ~' '.,'~v_ .,:,: " , , '}~1 " l' t~ ':_:'~iK;~f;' "g'~'~ ',~ -.};t~~~'~l- " ,.J.(,~::: .~-~~,~, -~;: - ~ ('1. j,',,:, u.",,;-<.,.. :A-.. ,,,,~ '~, :~:~~, J~l~! ~~" .~>tt~ '" '.' "I'''''t! ;,!c;;:". ':,;';lr~",,~ ;.+, ~- - _'t~~ t~. ,,'.Wt:)Is '''~ .~:. , ~':'., w, '~.\;'-' ::;,~_~~ i~~.- ~,. '~.. w ." ~. -"." --~''!'"~''~~''f~--''''~~ ,':'~\:~:1,l:-.:""':- C--,V. '.:' , 4 "' AlJ:O-OFAcS , ,OF lHEp:OOTHQ~TAAY .,..~ -.';....;,'.,e-- . '.' ~'..~. :-;' ,,96 OEf.;6, AM 9: 1.6( ,B .-'. ~J ~- ~~ ~,' .~" , 9UM8EIi;J~~u 'C.o8:-J1'(' , " PeNNSYlVANIf\, ' >(.; '~E;~ )~ '.- "Ji ~, .1'~' ~t.":J ~ " ":. t~ . J,\ ,~ 11' . ,-. ;,,}.~.'i'1'f:;". ~. r." "o-.'~ ~"" -' . "-'-:~:;~':\~~ . 't.; " 'r ~n ,.it '- ,...~,..- :'::f, , . 'j,! > -;.f'.: :4:. ,. :;'~ " ';~ - " '. , .. " " .~~: r;: '. : ,'. " F. ~.l. . '" , ::... , ", " ,'j, .. ,'~ .' . -.ie-. .'... -. ....."!'" /~ f ,~..,..,.""V ~ .,c'!....,_~ . f .~... . ~7.r;:~ :: ':':;'A.~~2'i:~; :!:J~"~:'~'.:.. . ,., . ~,... .~~~~, " .. '. '!,,' . I' . .. .' . .a_ " " , , SONDRA J. O'BRIEN, . IN THB COURT OF COMMON PLBAS . Plaintiff . CUMBBRLAND COUNTY, PBNNSYLVANIA . . . v. . NO. 94-2160 . . . PAUL E. O'BRIBN, . CIVIL ACTION - LAW . Defendant . IN DIVORCB . AFFIDAVIT OF SERVICB I, JENNIFER L. LEHMAN, BSQUIRB, do hereby certify that a true and correct copy of a Complaint in Divorce Under 3301(c) or 330l(d) of the Divorce Code was served upon Defendant by certified mail, return receipt requested, on the 12th day of May, 1994. The original signed return receipt, number P 097 459 469, is attached hereto and made a part hereof. Respectfully submitted, CLECKNBR ARD FBARBR By: ), JE L. LBHMAN, ESQUIRB Supreme Court I.D. .52784 31 North Second Street Harrisburg, PA 17101 (717) 238-1731 Date: M1'(,1 Nqlj '". .....T--"...'~~ ... , ~ ..;...'*' ."'~lt" r.; ,:;.'~' .' ,,' J;F- ~.\' . f . ," . .:.~.~ t. ''? .';. ~'''''''''':'''~A-''.'f<'~~~~~~~1~..a..:r,~,jf:'f~~#Q1f~~~t X ~~ ,,", ~,~' ~" - ,'~~;'~.'~}l\c(,..' "~"i.,"€;,.::_iC,;!t~". {,l " {I'A......' ..... ,."'~?', : <. ~ ,.~':~!~ff:~t{."",.~~~~'f.~'::"Jh~-l~'t, ~_,t'~t~.\;n~~'Co>. " . - .~ . -< -\:,,'!;''o\''''"'";'t ,1>t.f",,'~";:'"..-~p..,..iJif.o::'y. "'.......,"3 <-. ...~~,:J: , - r