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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF '*' PENNA.
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LISA G. WOLFE
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EDWARD E. WOLFE
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DECREE IN
DIVORCE
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AND NOW".". ';!\A.he- 12...".".,." 19.1'", it is ordered and
decreed that",,,,,,, ,~;t::;A ,G" ,WOLf E.",."...""...,.,."" plaintiff.
and,.."""",.". ,~!'~~~J? ".'. .~9.L.F:E..".."..,...""".., defendant,
are divorced from the bonds of matrimony.
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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;
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dated May 24. 1996. for
the purpose of enforcement of any of the
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this J. 'IE
day of /YI'()
(hereinafter called "Wife")
, 1996,
by and between LISA G. WOLFE,
and
EDWARD E. WOLFE, (hereinafter called "Husband").
WIT N E SSE T H:
WHEREAS, the parties hereto are Husband and Wife, having been
married on April 26, 1986 at New Cumberland, Cumberland county,
Pennsylvania, and are the parents of one children, namely HARRISON
DYLAN WOLFE, born June 14, 1988; and
WHEREAS, difficulties have arisen between the parties as a
result of which they now desire to live separate and apart and by
this Agreement to settle all financial and property rights between
them; and
WHEREAS, in preparing this Agreement and negotiations
contemporaneously therewith, Wife was represented by Debra K.
Wallet, Esquire, and Husband was represented by R. Mark Thomas,
Esquire, each of whom are satisfied with the terms of this
Agreement, a full explanation of the same having been made to their
respective clients; and
WHEREAS, Husband and Wife respectfully acknowledge that before
signing this Agreement they have been fully advised by their
respective counsel of their rights and obligations, have read
carefully and understand the terms of this Agreement, and have
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freely consented to this Agreement, believing it to be fair, just
and equitable; and
WHEREAS, Husband and Wife are satisfied that they understand
the value and extent of all property which would be considered
"marital property" under the Pennsylvania Divorce Reform Act,
whether titled or owned separately or jointly as well as the value
and extent of nonmarital property held or expected to be held by
each other; and
NOW, THEREFORE, in consideration of the mutual promises and
undertakings set forth herein and intending to be legally bound
hereby, the parties hereto do agree as follows:
1. MUTUAL SEPARATION - Husband and Wife shall be free from
constraint or control by the other as fully as if he or she were
unmarried. Neither shall disturb, trouble and interfere in any way
with the other or with any person for associating with the other.
2. MUTUAL RELEASE Husband relinquishes his inchoate
intestate right in the estate of Wife, and Wife relinquishes her
inchoate intestate right in the estate of Husband, and each of the
parties hereto by these presents, for himself or herself, his or
her heirs, executors, administrators or assigns, does remise,
release, quit claim and forever discharge the other party hereto,
his or her heirs, executors, administrators or assigns, or any of
them, of any and all claims, demands, damages, actions, causes of
action or suits at law or in equity, of whatsoever kind or nature,
for or because of any matter or thing done, admitted or suffered to
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be done by said other party prior to and including the date hereof;
further, the parties acknowledge that all rights under the
Pennsylvania Divorce Code that are not specifically incorporated
herein are hereby expressly waived.
3. DIVORCE - Wife filed a Complaint in Divorce on April 26,
1994, in the Cumberland County Court of Common Pleas, which is
indexed at No. 94-2191 civil Term. Husband and Wife agree that
contemporaneously with the execution of this Agreement, they will
each execute an Affidavit of Consent to the entry of a final
divorce decree in this case.
4. EFFECT OF DIVORCE DECREE - 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.
5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE - The
terms of this Agreement shall be incorporated into any divorce
decree which may be entered with respect to the parties. The Court
of Common Pleas, which may enter such divorce decree, shall retain
continuing jurisdiction over the parties and the subject matter of
the Agreement for the purpose of enforcement of any of the
provisions thereof.
6. DATE OF EXECUTION - The "date of execution" or "execution
date" of this Agreement shall be defined as the date upon which it
is executed by the parties if they have each executed the Agreement
on the same date. Otherwise, the "date of execution" or "execution
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date" of this Agreement shall be defined as the date of execution
by the party last executing this Agreement.
7. PERSONAL PROPERTY - The parties have physically divided
and distributed their household goods and other tangible personal
property. They mutually agree that each shall hereafter be the
sole and separate owner of all such personalty now in their
respective possessions free and clear of all rights, claims and
interests of the other party. This agreement shall constitute a
bill of sale by and from each party to the other to document the
individual full ownerships by each party of the personalty now in
their respective possessions.
8. MARITAL RESIDENCE - Husband and Wife are not the owners
of any real property and, therefore, there is no marital property
in the form of real property to be divided between the parties.
9. DEBTS - During the course of the marriage, and following
the date of separation of the parties, Husband and Wife have
incurred certain bills and obligations and have amassed a variety
of debts.
It is hereby agreed, without the necessity of
ascertaining for what purpose and to whose use each of the bills
was incurred, that each party hereto shall be solely responsible
for all bills, obligations and debts that they have acquired in
their own name since the date of separation on June 23, 1993. Each
party agrees to hold the other free and harmless from any and all
liability which may arise as a result of debts incurred since the
date of separation, and agrees to indemnify and defend the other
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from any claim regarding such debts. Both parties agree that, in
the future, neither shall cause or permit to be charged to or
against the other any purchase or purchases which either may
hereafter make and shall not hereafter create any engagements,
debts or obligations in the name of or against each other.
with regard to debts incurred by either or both of the parties
prior to the date of separation, it is hereby agreed that those
debts will be paid as follows:
a. Wife will assume the CoreStates loan currently in
her name alone with an estimated payoff of $3,600.00.
b. Husband will assume responsibility to pay the
Discover and Sears cards currently in his name alone, with an
estimated liability of $600.00 on each card.
c. within sixty (60) days of the signing of this
Agreement, Husband agrees to refinance the Security Pacific loan
currently in joint names and be fully responsible for the
refinanced loan which has an approximate balance of $2,000.00.
If either party fails to pay in the entirety, the loans as
agreed to herein, each party hereby promises to indemnify the other
party for any payments which the other party may be required to
make on loans assumed by the other.
10. ALIMONY - This Agreement does not provide for the payment
of alimony to either party. Each party hereby acknowledges that
he/she will not receive any alimony pursuant to this Agreement and
hereby agrees not to seek any alimony or additional spousal support
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in any form whatsoever from the other as of the date of the
execution of this Agreement.
11. ENFORCEMENT - If either party defaults in the due
performance of any of the terms, conditions and covenants of this
Agreement on his or her part to be performed, the non-defaulting
party shall have the right to sue for specific performance or
damages for the breach of this Agreement, and the defaulting party
shall pay the reasonable legal fees for any services rendered by
the non-defaulting party's attorney in any action or proceeding to
compel the defaulting party's due performance hereunder as well as
costs for bringing the action or proceeding.
12. EXECUTION OF DOCUMENTS - The parties agree to execute
all documents, including but not limited to, deeds of title that
are reasonably necessary to effectuate the purpose of this
Agreement. In the event that either party shall refuse or fail to
execute and/or acknowledge any such document, then the other party
shall have, and is hereby granted, the right and power to appoint
one or more times any person or persons of his or her choosing as
attorney-in-fact for the other party to so execute and acknowledge
such documents.
13. CONTRACT INTERPRETATION For purposes of contract
interpretation and for the purpose of resolving any ambiguity
herein, Husband and Wife agree that this Agreement was prepared
jointly by their respective attorneys.
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14. AFTER-ACOUIRED PROPERTY - Each of the parties shall
hereafter own and enjoy, independently of any claim or right of the
other, all items of property, be they real, personal or mixed,
tangible or intangible, which are acquired by him or her after
execution of this Agreement, with full power in him or her to
dispose of the same as fully and effectively, in all respects and
for all purposes, as though he or she were unmarried.
15. CUSTODY AND SUPPORT - Husband and Wife will have joint
legal custody of the child, Harrison Dylan, who has a date of birth
of June 14, 1988. Wife shall have primary physical custody, and
the parties agree that the Husband will be granted liberal periods
of partial custody. It is further agreed that, at a minimum, the
Husband will pick up the child at the baby sitter's location and
keep the child for two to three nights per week. On those
occasions when Husband has the child during the week, he is
responsible for getting the child to the school bus the next
morning. Husband shall have the child for a minimum of one week
during the summer months. All holidays will be split evenly
between Husband and Wife and each holiday will be shared unless
otherwise agreed. Mother's Day and Father's Day will be spent with
the parent whose day is being celebrated.
Husband shall pay the sum of $80.00 per week in child support
or such other amount as shall be determined by the Court based upon
changed circumstances. Husband will provide health care coverage
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for the child.
The parties will share equally all uncovered
medical expenses.
It is hereby expressly agreed that Wife, who has primary
physical custody of the child, will be entitled to the tax
exemption for the child each taxable year.
Both parties agree to provide college educational expenses for
the child to the extent that they are financially able to do so.
16. INSURANCE - Each party will keep in place all current
life insurance for the benefit of the minor child until Harrison
Dylan is no longer in need of support or college educational
expenses.
Wife will maintain the life insurance obtained through
her employment, namely one policy in the amount of two times her
annual salary and a second policy in the amount of $50,000. As of
the execution of this Agreement, she has no other life insurance.
Husband will maintain the current Group Life insurance
which is in the amount of $65,000.00. He has no other life
insurance.
17. LEGAL FEES - Each party will pay his or her own legal
fees for the obtaining of this divorce and Property Settlement
Agreement.
18. WAIVER - Any claims not specifically referred to in this
Agreement are hereby waived.
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19. MISCELLANEOUS
A. This Agreement constitutes the entire agreement
between the parties, being the final and complete settlement of all
matters between them and supersedes any prior written or oral
agreements between them respecting the within subject matter.
There are no representations, agreements, arrangements or
understandings, oral or written, between and among the parties
hereto relating to the subject matter of this Agreement which are
not fully expressed herein.
B. This Agreement may not be amended, modified, altered
or revoked except in writing executed by both the parties hereto.
C. This Agreement may not be assigned by either party
without the prior written consent of the other party.
D. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original for all
purposes, and all of which together shall constitute one and the
same instrument.
E. This Agreement shall be binding upon the parties
hereto, their heirs, executors, administrators and assigns.
F. This Agreement shall be interpreted under the laws
of the Commonwealth of Pennsylvania.
G. The failure to strictly enforce any part of this
Agreement shall not be deemed a waiver of any other part of this
Agreement.
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H. Titles are for convenience and ease of reference
only and are not to be considered part of the Agreement for
purposes of interpretation.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals the day and year first above written.
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WITNESS
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LISA G. WOLF
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EDWARD E. WOLFE
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WITNESS
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IN TIlE COC'RT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2191
CIVIL
19 94
LISA G. WOLFE,
Plaintiff
vs.
EDWARD E. WOLFE,
Defendant
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court
for entry of a divorce decree:
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irretrievable breakdown under Section (~(c))
1. Ground for divorce:
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(Strike out inapplicable section.)
2. Date and manner of service of the complaint: Aori 1 30 1994
via Certified/Restricted Delivery
J. (Complete either paragraph (a) or (b) .)
(a) Date of execution of the affidavit of consent required by Section
.33,,/
-r&l-(c) of the Divorce Code: by the plaintiff May 15. 1996
.
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by defendant
May 24, 1996
(b) (1) Date of execution of the plaintiff's affidavit required by
.330/
Section Z81(J) of the Divorce Code:
(2) Date of service of the plaintiff's affidavit upon the defendant:
4. Related claims pending:
None. Marital Settlement Aqreement
dated May 24, 1996. (Attached)
5. Indicate date and manner of service of
the notice of intention to file
..3..3D1
of said notice under section~
praecipe to transmit record, and attach a copy
(d)(l)(i) of the Divorce Code.
Plaintiff's Waiver signed May 15, 1996
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and Defendant's Waiver signed May 24, 1996.
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Debra K. Wallet
Attorney for (Plaintiff)
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LISA G. WOLFE,
Plaintiff
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No. -- 7
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EDWARD E. WOLFE,
Defendant
IN DIVORCE
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claim 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 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 the marriage, you may request marriage
counselling. A list of marriage counselors is available in the
Office of the Prothonotary, Cumberland County Courthouse,
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 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
Cumberland County Courthouse
4th Floor
1 Courthouse Square
Carlisle, Pennsylvania 17013-3387
(717)240-6200
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
LISA G. WOLFE, .
.
Plaintiff . Ciu..:J I.Lt._
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. IN DIVORCE
.
BOWARD E. WOLFE, .
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Defendant .
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DIVORCE COMPLAINT
1. The Plaintiff is LISA G. WOLFE, who currently
resides in Cumberland County, with an address of 220 N. Second
Street, Wormleysburg, Pennsylvania.
2. The Defendant is EDWARD E. WOLFE, who currently
resides in Cumberland County, with an address of l316A Mallard
Drive, Camp Hill, Pennsylvania.
3. Plaintiff and Defendant have been bona fide
residents of the Commonwealth of Pennsylvania for at least six
(6) months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on April 26,
1986 in New Cumberland, Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. Divorce is sought pursuant to the provision of the
Divorce Code, Section 3301(c), in that the marriage is
irretrievably broken.
7. The Plaintiff has been advised of the availability
of counselling and of the Plaintiff's right to request that the
.
Court require the parties to participate in counselling and does
not request same.
8. Defendant is not a member of the armed services.
WHEREFORE, Plaintiff requests your Honorable Court to enter a
Decree in Divorce, divorcing Plaintiff and Defendant.
Respectfully submitted,
\.-O.c1J\ A.. -It. w tU.W-
Debra K. Wallet, Esq.
24 N. 32nd Street
Camp Hill, PA 17011
(717) 737-1300
I.D. 1123989
Attorney for Plaintiff
Date: .., "If 19.,
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
LISA G. WOLFE,
Plaintiff
v.
No.
EDWARD E. WOLFE,
Defendant
IN DIVORCE
VERIFICATION
I verify that the statements made in the foregoing
Divorce Complaint are true and correct to the best of my
knowledge, information, and belief. I understand that false
statements made herein are made subject to the penalties of 18
Pa. c.~. Section 4904, relating to unsworn falsification to
ties.
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LISA G. W FE
Date:
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
LISA G. WOLFE, .
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Plaintiff I
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v. . NO: 2191 CIVIL 1994
.
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.
EDWARD E. WOLFE, . IN DIVORCE
.
Defendant .
.
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Debra K. Wallet, being duly sworn according to law, deposes
and says that she is the attorney for Plaintiff, LISA G. WOLFE
and that she did mail a true and correct copy of the Complaint in
divorce in the above matter, by certified mail, return receipt
requested, to the Defendant, Edward E. Wolfe on April 28, 1994,
at his last known address: 1316A Mallard Drive, Camp Bill, PA
17011, which satisfied the requirements of service by mail
pursuant to Pa. R.C.P. 403. The signed receipt acknowledging
receipt on April 30, 1994 is attached hereto as Exhibit "A".
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Debra K. Wallet, Esquire
Sworn to and subscribed before me
this~ day of ?/ f::;; ._ , 1994
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RECEIPT FOR CERTIFIED MAIL
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'.. '" Pos1age
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S~lal Delivery Fee
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DEBRA K. WALLET
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24 N. 32nd Street
Camp Hill, PA 11\111
Telephone (117) 7J7.IJOO
CERTIFIED COPY
ATTORNEY FOR
I verify that the statements made in this Affidavit are true and correct. I understand diat
false statements herein are made subject to the penaltip.s of 18 Pa. C. S. ~4904 relating to
unsworn falsification to authorities,
Date: ~-\'S -Cjlo
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i /ftL USA WOLFE
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DEBRA K. WALLET
24 N. 3lrxl Stm:1
Camp Hill. PA"I7U1I ..
Teleph"ne (711) 737.1300
CERTIFIED COPY
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ATTORNEY FOR
CUMBERLAND COUNTY. PENNSYLVANIA
LISA G. WOLFE.
Plaintiff
v.
NO: 2191 CIVIL 1994
EDWARD E, WOLFE,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
II 330ICc) OF THE DIVORCE CODE
; 1. I: cons.ent to the entry of a final decree of divorce without notice,
.- 2. I understand that I may lose rights concerning alimony, division of property. lawyer's
fees 'or expenses if I do not claim them before a divorce is granted.
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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
prothonotiuy .
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: ()~ -K. q (,
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LISA G, WOLFE
Sworn to and subscribed
before me this I S day
of /T/4(j-' 1996.
~I',J, 'iJ:; a, WI.. 1":'
7J Notary Public
W-. : to,QUI14. t. W4.l.Ut.
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l:a,tIII.1lDro. Cu:~io::;1 Wootf
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DEBRA K. WALLET
24 N. 3200 SU<<I
Camp Hill, PA 11011
Telephone (717) 737~ ~OO
CERTIFIED COPY
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ATTORNEY FOR
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LISA G. WOLFE,
plaintif f
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 94-2191 CIVIL TERM
ED~IARD E. WOLFE,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 3301 (cl of the
Divorce Code was filed on
2. The marriage of plaintiff and defendant is irretrievably
broken and ninety days have elapsed from the date of filing the
Complaint.
3.. 1'consent to the entry of a final decree of 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. S 4904 relating to unsworn
fa~slfication to authorities.
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Date:
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DEBRA K. WALLET
24 N. 320d S"..,
Camp Hill. PA 17tJh
Telephune (717) 737.1300
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ATTORNEY FOR
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LISA G. \'lOLFE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 94-2191 CIVIL TERM
EDWARD E. WOLFE,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER S 3301(0) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without
notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a decree is granted.
:3. :~ understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the decree will
b~.-'sent to me. immediately after it is filed with the prothonotary.
,
I understand that the statements made in this affidavit are
brue and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. S 4904 relating to
unSworij falsification to authorities.
Date:
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