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: IN THE COURT OF COMMON PLEAS :
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OF CUMBERLAND COUNTY
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DECREE IN
D I V O)R C E
AND NOW, .~Ja#....l~.O.~.~.., left.Gt is ordered and
decreed that ....~ A.. .<W.Il . .. . . . . . . . . . .. . . . . . .. . . . . . . .. . ., plaintiff,
and..,......... .~~~.~: .~............................., 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 ,~eFord in this action for which a final order has not yet
been entered; \VO~
The parties hereby incorporate their Separation
.,..,.... . A&reenettt'dated' AiJgtiSt. 25; .199S.into.t!ilii)decree;...'
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STEVEN A. GOOD, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
vs. I CIVIL ACTION - LAW
I NO. 95-1061
DEBORAH B. GOOD, I
Defendant I IN DIVORCE
~CIPE
TO THE PROTHONOTARY I
Please file the attached Separation and Property Settlement,
dated August 25, 1995, to the above-captioned matter.
Respectfully Submitted,
ARTHUR T. MCDERMOTT & ASSOCIATES
~/;ty)
Arthur T. McDermott,
50 East High Street
Carlisle, PA 17013
(717) 243-7807
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Esq.
CCI Roger Morgenthal, Esquire
Attorney for Defendant
11 East High Street
Carlisle, PA 17013
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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
ft. A
THIS AGREEMENT Made this 2.5- day of 111-\~ 1995 by and
between Deborah B. Good, (hereinafter referred to as Wife) and
Steven A. Good, (hereinafter referred to as Husband)i
WITNESSETH I
WHEREAS, the parties hereto were married on November 25,
1989, in Cumberland County, Pennsylvaniai have been and are
Husband and Wifei and as a result of this union, one child was
born to wit I Benjamin David Good, born November 10, 1992,
hereafter referred to as the "child".
WHEREAS ,
diverse,
unhappy differences,
disputes
and
difficulties have arisen between the parties and it is the
intention of WIFE and HUSBAND to live separate and apart for the
rest of their natural lives, and the parties hereto are desirous
of settling fully and finally their respective financial and
property rights and obligations as between each other, including,
without limitation by specificationi the settling of all matters
between them relating to the ownership and equitable distribution
of real and personal propertYi settling of all matters between
them relating to the past, present and future support and/or
maintenance of the wife, the settling of any and all claims and
possible claims by one against the other or against their
respective estate.
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
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is hereby acknowledged by each of the parties hereto, WIFE and
HUSBAND, each intending to be legally bound, hereby covenant and
agree as follows I
1.
AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS I
This
Agreement shall not be considered to affect or bar the right of
WIFE or HUSBAND to a limited or absolute divorce on lawful
grounds as such grounds now exist or shall hereafter exist or to
such defense as may be available to either party. This Agreement
is not intended to condone and shall not be deemed to be a
condonation on the part of either party hereto of any act or acts
on the part of the other party which have occurred prior to the
date hereof.
The parties intend to secure a mutual consent
divorce.
2. EFFECT OF DIVORCE DECREEI The parties agree that unless
otherwise 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.
3.
AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE I
The
parties agree that the terms of this Agreement shall be
incorporated into any divorce decree which may be entered with
respect to them.
4. SEPARATION I It shall be lawful for each party at all
times hereafter to live separate and apart from the other party
as such place as he or she may from time to time choose or deem
fit. The foregoing provisions 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.
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5.
INTERFERENCE I
Each party shall be free from
interference, authority, and contact by the other, as fully as if
he or she were single and unmarried except as may be necessary to
carry 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.
6. WIFE'S DEBTS I WIFE represents and warrants to HUSBAND
that since the separation she has not and in the future she will
not contract or incur any debt or liability for which HUSBAND or
his estate might be responsible and shall indemnify and save
harmless HUSBAND from any and all claims or demands made against
him by reasons of debts or obligations incurred by her.
7.
HUSBAND'S DEBTS:
HUSBAND represents and warrants to
WIFE that since the separation he has not and in the future he
will not contract or incur any debt or liability for which WIFE
or her estate might be responsible and shall indemnify and save
harmless WIFE from any and all claims or demands made against her
by reason of debts or obligations incurred by him.
B.
MUTUAL RELEASE I
Subject to the provisions of this
Agreement, each party has released and discharged, and by this
Agreement does for himself or herself and his or her heirs, legal
representatives, executors, administrators and assigns, release
and discharge the other of and from all causes of action, claims,
rights, or demands, whatsoever in law or equity, which either of
the parties ever had or now has against the other, except any or
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all cause or causes of action for divorce and except any or all
causes of action from breach of any provisions of this Agreement.
9. REAL PROPERTY I The marital home at 21 Big Spring
Terrace, Cumberland County, Newville, ahall be the property of
Husband, Steven A. Good. Husband shall purchase Wife's equity in
the property for the sum of One ($1.00) Dollar and no/cents. The
property is currently up for sale, upon settlement the Wife will
execute any and all documents required for her interest in the
property.
The Wife will further release any interest in the
proceeds from this sale.
10. DIVISION OF PERSONAL PROPERTY:
(a) The parties have heretofore divided their personal
property 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 hereafter belong to the HUSBAND
or WIFE respectfully, with full power to the HUSBAND or the WIFE
to dispose of same as fully and effectually, in all respects and
for all purposes as if he or she were unmarried. All items of
personal property shall be divided between the parties as
provided hereinl
(b) Personal Effects: All items of personal effects
such as, but not limited tOI jewelry, luggage, sports equipment,
hobby collections and books, but not including furniture or any
property, personal or otherwise specifically disposed of pursuant
to this agreement, shall become the absolute and sole property of
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that party who has had the principal use thereof or to whom the
property was given or for whom it was purchased, and each party
hereby surrenders any interest he or she may have in any such
tangible personal property of the other.
(c) Intangible Personal prol?erty (other than Life
Insurance), All stocks, bonds, cash, and sums on deposit in
checking and saving accounts (owned by either or both parties)
have been or will be divided to the mutual satisfaction of the
parties.
(d) Furniture and other Tangible property, All
furniture and other tangible personal property not disposed of
pursuant to other paragraphs of this agreement shall be the
property of the Wife.
(f) Debts: The Husband shall be responsible for for
the following joint debts and liabilities incurred by the
parties, to wit: PNC Credit Card, Farmers Trust Credit Card,
Ford pickup truck and 5th wheel camper financed by PNC Bank. The
Husband shall also be responsible for any and all debts in
regards to the property at 21 Big Spring Terrance. THe Husband
shall also be responsible for all existing debts and liabilities
incurred in his own name prior to the separation. The Wife shall
be responsible for all existing debts and liabilities incurred in
her own name prior to the separation.
(g) The parties further agree that neither will incur
any future debts for which the other may be held liable, and if
either party incurs a debt for which the other will be liable,
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that party incurring such debt will hold the other harmless from
any and all liability thereon.
11. AFTER ACQUIRED PERSONAL PROPERTY' Each of the parties
shall hereafter own and enjoy, independently of any claims or
right of the other, all items of personal property, tangible or
intangible, hereafter acquired by him or her, with full power in
him or her to dispose of the same as fully and effectively, in
all respect and for all purposes, as though he or she were
unmarried.
12. CUSTODY, The parties shall share legal custody of
their son, Benjamin David Good, born November 10, 1992. Wife
shall have primary physical custody of said child, and husband
shall be entitled to liberal vistation with the said child, at
such times, places and for such amounts of time as the parties
may mutually agree between them. Neither party shall permanently
remove the said child from the CODllllonwealth of pennsylvania
without the consent of the other, or without a specific Court
Order permitting the same. In the event that the parties are
unable to resolve any controversies which may arise in the future
as to the custody or vistation concerning said child, either
party shall have the right to apply to a court of competent
jurisdiction for a hearing on the matter.
13. ALLOWANCES TO WIFE AND CHILDREN,
The HUSBAND agrees to pay to the WIFE, the sum of
$45.00 per week for the maintenance and support of the child
during the period when the child is in the WIFE's custody. It
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is the Wife's intention to deposit $25.00 per month into the
child's college fund.
14. COUNSEL FEESI Each party shall pay his or her counsel
fees and expenses.
15.
DIVORCE I
The parties hereto agree to enter into a
mutual consent divorce. HUSBAND agrees to pursue the divorce and
to be the Plaintiff therein. WIFE agrees to sign the necessary
documents, including an Affidavit of Consent and further
instruments that may be reasonably required to give full force
and effect to the provisions of this Agreement.
16. WAIVER OF CLAIMSI Except as herein otherwise provided,
each party may dispose of his or her property in any way, and
each party hereby waives and relinquishes any and all rights he
or she shall now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the
estate of the other as a result of the marital relationship,
including without
limitation,
dower,
courtesy,
statutory
allowance, widow's allowance, right to take in intestacy, right
to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and each will,
at the request of the other,
execute, acknowledge and deliver
any and all instruments which may be necessary or advisable to
carry into effect this mutual waiver and relinquishment of all
such interests, rights and claims.
17. BREACH I If either party breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for damages for such breach or seek such other
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remedies or relief as may be available to him or her, and the
party breaching this contract shall be responsible for payment of
legal fees and costs incurred by the other in enforcing their
rights under this Agreement.
18. VOID CLAUSES I If any term, condition, clause or
provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this
Agreement and in all other respects this agreement shall be valid
and continue in full force, effect and operation.
19. DESCRIPTIVE HEADINGS I The descriptive headings used
herein are for convenience only. They shall have no effect
whatsoever in determining the rights or obligations of the
parties.
20. INDEPENDENT SEPARATE COVENANTS I It is specifically
understood and agreed by and between the parties hereto that each
paragraph hereof shall be deemed to be a separate and independent
covenant and agreement.
21. ADDITIONAL INSTRUMENTS: Each of the parties shall from
time to time, at the request of the other, execute, acknowledge
and deliver to the other party any and all further instruments
that may be reasonable required to give full force and effect to
the provisions of this Agreement.
22. APPLICABLE LAW I This Agreement shall be construed
under the laws of the COJlllllonwealth of Pennsylvania and more
specifically under the Divorce Code of 1980.
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23. AGREEMENT BINDING ON HEIRS.
This Agreement shall be
binding and ehall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and
assigns.
24. ENTIRE AGREEMENT. This Agreement contains the entire
understanding of the parties and there are no representations,
warranties, covenants or undertakings other than those expressly
set forth herein.
25. MODIFICATION 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 formality as this
Agreement.
The failure of either party to insist upon strict
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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.
26.
WAIVER OF RIGHTS.
The parties hereto have been
informed of their rights or have been advised to seek counsel to
inform them of their rights under and pursuant to the the Divorce
Code, Act of April 2, 1980, Number 1980-26, particularly the
provisions for alimony, alimony pendente lite, equitable
distribution of marital property, counsel fees or expenses. Both
parties agree that this Agreement shall conclusively provide for
the distribution of property under the said law and hereby waive,
release and relinquish any further rights they may respectively
have against the other for alimony, alimony pendente lite,
equitable distribution of marital property, counsel fees or
expenses. From the date hereof, each party may acquire either
9
Steven A. Good
Plaintiff
IN TIlE COORT OF CO+ION PLEAS OF
Ct.MBERLM'D COlMt'Y. PENNSYLVANIA
NO.
95-1061
CIVIL
19
\'5.
Deborah B, Good
Defendant
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Trans~it the record. together ~ith the following information. to the court
for entry of a divorce decree:
1. 'Grounds for divorce: irretrievable breakd~n under Section 3301 (c)
~ of the Divorce Code. (Strike out inapplicable section)
2. Date and manner of service of the complaint:
Restricted delivery. certifiprl mAil nn MAr~h ~J 1QQ~
3. Complete either Paragraph A. or B.
A. Date of execution of the affidavit of consent required by Section
3301 (c) of the Divorce Code: by the plaintiff July 7, lqqc;
by the defendant
September 7. 1995
" B. (1) Date of execution of the plaintiff'S affidavit required by
'J
Section 3301 (d) of the Divorce Code:
(2) Date of service of the plaintiff's affidavit upon the defendant:
4. Related claims pending: none
I
5. Indicate date and manner of service of the notice of intention to file
praecipe to transmit record. and attach a copy of said notice under Section
3301 (d)(l)(i) of the Divorce Code
~-~-- >-~,r' c
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Attorney for Plaintiff/~
STEVEN A. GOOD, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
vs. I CIVIL ACTION - LAW
I NO. 'i ';. lOt. I C4rJ -ru-
DEBORAH B. GOOD, I
Defendant I IN DIVORCE
NOTICE TO DEPEND AND CLAIM RIGHTS
YOU HAVE BEEN SUBD IN COURT. If you wish to dafend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of your
children.
When the grounds for divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counselling.
A list of marriage counselors is available in the Prothonotary's
Office at the Cumberland County Courthouse, Carlisle,
Pennsylvania.
IF YOU DO NOT PILE A CLAIM POR ALIMONY, DIVISION OP
PROPERTY, LAWYER'S PEES OR EXPENSES, BEPORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OP
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 TBLBPHONE THE
OPPICE SET PORTH BELOW TO PIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator, 4th Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
Arthur T. McDermott, Esquire
ARTHUR T. MCDERMOTT & ASSOCIATES
Pifty East High Street
Carlisle, PA 17013
(717) 243-7807
STEVEN A. GOOD, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
vs. I CIVIL ACTION - LAW
I NO.
DEBORAH B. GOOD, I
Defendant I IN DIVORCE
COMPLAINT IN DIVORCE
COMES NOW, plaintiff STBVBN A. GOOD, through his attorney,
Arthur T. McDermott, Esquire and avers as follows:
COUNT I - DIVORCE
1. Plaintiff is Steven A. Good, who currently resides at
21 Big Spring Terrace, Newville, Cumberland County, pennsylvania.
2. Defendant is Deborah B. Good, who currently resides at
144 peach Lane, Carlisle, Cumberland County, Pennsylvania.
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 November
25, 1989 in Cumberland County, pennsylvania.
S. There have been no prior actions of divorce or for
annulment between the parties.
6. The marriage is irretrievably broken, and the parties
are proceeding under Section 3301(c) of the Divorce Code.
7. Neither party is a member of the United States Armed
Forces.
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STEVEN A. GOOD, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
vs. I CIVIL ACTION - LAW
I NO. 95-1061
DEBORAH B. GOOD, I
Defendant I IN DIVORCE
AFPIDAVIT OP SERVICE BY HAIL
PURSUANT TO Pa. R.C.1P. 1920.4(a)(1)(ii)
COMMONWEALTH OF PENNSYLVANIA I
I SS
COUNTY OF CUMBERLAND I
Arthur T. McDermott, Esquire, being duly sworn according to
law, deposes and says that he is the attorney for plaintiff,
STEVEN A. GOOD, and that he did serve a true and correct copy of
Plaintiff's Complaint in Dh'orce and Notice filed in the above
matter, by mail certified, restricted delivery, return receipt
requested, to the Defendant, DEBORAH B. GOOD, on March 6, 1995.
The receipt form is attached hereto as Exhibit "A".
~~~
Arthur T. McDe ott, Esquire
-
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Sworn to and subscribed before me this .:.L day of March,
1995.
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CAfUIl,J: BORO. CUMIIEJI>>lD COUNN
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STEVEN A. GOOD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO: 1061-95
IN DIVORCE
v.
DEBORAH B. GOOD,
Defendant
TO THE PROTHONOTARY:
Kindly enter my appearance In the above-captioned divorce action on behalf of Deborah B.
Good, Defendant.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Defendant
Dated:
~' J I (-/q ,-
I '
By:--/~1MIl~
Roger M. Morgenthal, Esquire
10 # 17143
11 East High Street
Carlisle, PA 17013
(717) 243-5513
STEVEN A. GOOD, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
vs. I CIVIL ACTION - LAW
I NO. 95-1061
DEBORAH B. GOOD, I
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1.
A Complaint in divorce under Section 3301(c)
of the
Divorce Code was filed on February 28, 1995.
2. The marriage of plaintiff and defendant is irretrievably
broken and ninety days have elapsed from the date of filing the
Complaint.
3. I consent to the entry of a final decree of divorce.
4. 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.
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
unsworn falsification to
ting to
Date:
'J--7-'1.i'('
~ Sworn
\~,
,
to and
, 1995.
subscribed
before me
this
I~ day of
~
)
-'
~~
Notary Pub~ c ~
Notanal Seal ,
Daniel J, Morton,S... Nolary Public t
Silver Spring Twp.. Cumberland coun~
My Commission exnl'es Oct. 24, 199
Me!rIler, Ponnsytvar~oI """"...
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2. I understand that the court maintains a list of
counselors in the Domestic Relations Office, which
available to me upon request.
3. Being so advised, I do not request that the Court
require that my spouse and I participate in counselling prior to
a divorce decree being handed down by the Court.
marriage
list is
STEVEN A. GOOD, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
vs. : CIVIL ACTION - LAW
I NO. 95-1061
DEBORAH B. GOOD, I
Defendant I IN DIVORCE
WAIVER OF COUNSELLING
STEVEN A. GOOD, being duly sworn according to law, deposes
and saysl
1. I have been advised of the availability of marriage
counselling and understand that I may request that the Court
require that my spouse and I participate in counselling.
I understand that false statements
to the penalties of 18 Pa. C.S. sectio
falsification to authorities.
subject
unsworn
A. GOOD
-r- \ Sworn
\I U Y
to and
1995.
L
~
subscribed before me this
7-/1... dal' of
\
-- ....~ ""- -----
Notary Public
---
Notarial Soal '1
Danlol J. Morton, Sr.. Notary Publl~ '
Silvor Spring Twp., c~mborlai1d C~~:::
My Commission ExplroS Oct. 24.., , ,.
Morrbof, pennsytv.................. 01 Nab'"
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STEVEN A. GOOD, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
vs. I CIVIL ACTION - LAW
I NO. 95-1061
DEBORAH B. GOOD, I
Defendant I IN DIVORCE
AFPIDAVIT OP CONSBNT
1.
A Complaint in divorce under Section 3301(c)
of the
Divorce Code was filed on February 28, 1995.
2. The marriage of plaintiff and defendant is irretrievably
broken and ninety days have elapsed from the date of filing the
Complaint.
3. I consent to the entry of a final decree of divorce.
4. 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.
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 authoritie~ ' ~
Date I ~/ 7/90- ~RAH ~~{d _ ' d
~ JSworn to and subscribed before me this 1 eJ\ day of
\,...A J!l -1::.. ,1995.
, Lr)QLlLe.StznrY~~~'-~
----, Notary pub~
NOT NlIAI. &EN.
llEllfHE IlARHE'IlCA -, N>Ic
CIlIIIt,~CoIny,P1.
ltt~EJIlfto'"
STEVEN A. GOOD, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
vs. I CIVIL ACTION - LAW
I NO. 95-1061
DEBORAH B. GOOD, :
Defendant I IN DIVORCE
WAIVER OF COUNSELLING
DEBORAH B. GOOD, being duly sworn according to law, deposes
and saysI
1. I have been advised of the availability of marriage
counselling and understand that I may request that the Court
require that my spouse and I participate in counselling.
2. I understand that the court maintains a list of marriage
counselors in the Domestic Relations Office, which list is
available to me upon request.
3. Being so advised, I do not request that the Court
require that my spouse and I participate in counselling prior to
a divorce decree being handed down by the Court.
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.
\. c; xJl
r
QLJelfl cd. ~d
2!!:- day of
Sworn to and subscribed before me this
e 1995. "-- ~
n::yA ~all C~ ~
otarJ lic
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