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HomeMy WebLinkAbout95-03064 ) .~ . -! ~ I j ":t- ~~ i i I I -~-~-~.~-*.~_.*..~*.~~.~**.~)---~~*-~~'~ 8 -, ",- -" "", ,,--.. ." ,- """ ,,"," ," . ,,,, - - ., . ,-- ,-,...,_.. ,,--- --" 8 ~ 8 : IN THE COURT OF COMMON PLEAS : 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 . i . - 8 8 8 8 8 8 8 8 8 .' . 8 8 . . f-__ . - -.. . I , OF CUMBERLAND COUNTY ~ STATE OF t PENNA. CHARLES E. PAINTER, JR. i\ II, 3064. (1)95 Plaintiff \'l'r.~lh SANDRA M. PAINTER Defendant AND NOW, . , DECREE IN DIVORCE ." .~('ptt.-J,t.S',l..Q" 19, ,~,. it is ordered and decreed that" ,Charles ,E. .Paioter, .Jr.""""".." .".,.,.., plaintiff. and. , ,~al1\1r:a. 14", Pil~nj:.e~. , . . , , . , " . . , " , ' . ' , . , , , , , , , , , . . . ' . , , , defendont. 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; "~, Separation and Property .SettlementAgreement,dated,June,7.. 1995."" , ' is. eh. lncar.parat.ed .by ,reference. , , . , ' ' , . , , , . II y The C 1111.. t : () If) ~ AII",I: ~~~r ~!!K ~~Jftd.' .,ed~)t.(_ //: 4~ CJ",(; :J' J f '/I"Prnlhollntnq' .'. * 8 8 8 8 8 8 8 8 8 8 8 I, 8 8 8 8 8 8 8 ~ 8 8 8 8 8 8 8 ~ :~ ~ .~ * ~ Po :~ ~ .... 4.' ,~:' ':.:' ...:' .;.:. ,:.;. ':.;, ,:.;. ':.;, ':.:' :.:':.: ':.: .;.: ".:':.: ,.:' ,,.: ':.; ':.: .;.:' .:.: .,.: q..,)) 95' r}J lbfl ~{.(ft4\ 9JO ,i5" 71it.?U, IHaJM " , ... t .4 I/"f/ ~ d;P'. . ~ 1,'~ SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 7th day of June, 1995, by and between CHARLES E. PAINTER, JR., of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband" and SANDRA M. PAINTER of Cumberland County, Pennsylvania, party of the second part, hereafter referred to as "Wife". WITNESSETH: WHEREAS, husband and wife were married on July 24, 1981, in Panama city, Panama; and WHEREAS, husband and wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and WHEREAS, the Parties are the parents of three (3) children, STEPHANIE MARIE PAINTER (DaB 4/29/81), STACY MARINA PAINTER (DaB 2/7/83), and SARAH MARINA PAINTER (OOB 1/20/87); and WHEREAS, certain diverse, ~nhappy differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, husband and wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property; ond WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property righte between them; and 1 :--,)( I' '\:, ~ , . oUTooa~oJ a4~ 'soUTpaaoo~d ~a4~o ~o tuoat ^UU ^q ~a4 ~o wT4 4~TM ttaMp ~O ~Tqu4oo o~ ~a4~o a4~ ladwoo o~ ~OhUapUa ~O tadwoo ~o ~a4~o a4~ ~satow ItU4S ^~~ud ~a4~TaN '~a4~o 40ua ^q '~oa~TPuT ~o ~oa~TP 'aoua~al~a~uT ~o 'UTu~~sa~ '10~~UOO ^UU WO~l aa~l ~Tl waap ttU4S ^a4~ su saoutd ~o aoutd 40ns ~u aWT~ o~ amT~ WO~J apTsa~ o~ puu ~a4~o 40ua wO~J ~~udu puu a~u~udas ahTt o~ ~a~lva~a4 sawT~ ttU ~g alTM puu puuqsn4 ~OJ tnlMUt aq tlU4S ~I t't NOI~VHVd3S I 31aI~MV ISMOttOJ sv aa~ou puu aSTwo~d '~unuahoo ^qa~a4 op 'sahT~u~uasa~da~ tVUos~ad pUn 'sUDTsSU 's~ossaoons 's~Ta4 pUTq ^ttnoat o~ pun punoq ^ttV09t aq o~ oUTPua~uT 'uoT~u~aPTsuoo atqnntnh puv pooo ~94~0 ~oJ puu uTa~a4 4~~oJ ~as sasTwo~d ~da~ aq o~ pun apvw ^ttnn~nw 94. 10 uOT~n~aPTsuoo uT o~a~a4 saT~~ud a4~ '3UOd3H3H~ 'MON 'bUT.T~M o~ paonpa~ .uawaa~bu .gq~ ahuq o~ qSTM MOU BaT~~vd Dq~ puv 's^au~o~~u ahT~oadsa~ ~Ta4~ 4.TM .1nsuoo o~ ^~Tun.~oddo etqwv puv ttnl pn4 ahn4 4~oq ~a~lg 'saoua~aJJTP lun.nw ~Ta4. 10 uOT~ntol'~ a4. ~Ol suoTSThO~d puu 'aMO ^a4~ aaT.TITquTt aq. ~OJ BUOTBThO~d aq~ 's~asau paUMo ^t~UTO~ ~la4~ JO uOlslhlP 04. ~oJ ~UeWBIJb8 o~uT pa~a~ua ^IIUn~nw ohu4 0.0104 BBT~~ud 04. 'UV3U311M ( provision shall not be taken to be an admission on the part of either husband or wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and ogreed by and between the parties hereto and to each of the said parties does hereby warrant and represent to the other thot the execution and delivery of this Agreement is not predicated upon nor made subject to ony agreement for institution, prosecution, defense, or for the non- prosecution or non-defense of any action for divorce I provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or action for divorce, either absolute or otherwise, upon just, legal and proper grounds I nor to prevent either porty from defending any such action which has been, may, or sholl be instituted by the other party, or for making ony just or proper defense thereto. It is warranted, covenanted, and represented by husband and wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is mode for the specific purpose of inducing husband and wife to execute this J r- ) ~,t1 f- \J \ "\0') . Agreement. Husband and wife each knowingly and understandingly hereby waive any and all possible claims of this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or 1n part. Husband and wife do each hereby warrant, covenont and agree that, in any possible event he an she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by eoch porty as a final settlement of for all purposes whatsoever. Should either of the parties obtain a decree, jUdgment or order of separation or divorce in ony other state, county, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement ond all its covenants shall not be effected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties ehould remarry, it being understood by and between the parties that this Agreement sholl survive and shall not be merged into any decree, judgment or order of divorce or seporation. 4 :,'1 {r ( 'u0 I . 2. J It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any of the parties hereto. such incorporation, however, shall not be regarded a merger, it being the intent of the parties to permit Agreement to survive any such agreements. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in section 3502 of the Pennsylvania Domestic Relations code, and taking into account the following considerations I the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the parties; the contribution of one party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisition 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 of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value 5 C-4lv} r, f/(f) of the property set apart to each party; the standard of living of the parties established during their marriage. 3.2 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 of all rights of equitable distribution of the parties. 3.3 The parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession. Except as provide for herein, Husband shall make no claim whatsoever for any personal property in wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession. Should it be necessary for either party to execute any documents to convey tile to any such personal property in the other party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing party. 6 ':,IIP C~) . 3.4 Except as provided herein. Wife waives any right or interest she may have in Husband's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. Except as provided herein, Husband waives any right or interest he may have in wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit Sharing plan or related matters. 3.5 Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 contemporaneously with the execution of this Agreement, Wife ehall transfer to Husband any and all of Wife's right, title and interest in and to that parcel of real estate located at 19 Heidi Terroce, Camp Hill, Cumberland county, Pennsylvania, heretofore owned by the parties as tenants by the entireties. said transfer is subject to those liens, judgments or mortgages of record as of the date of conveyance, all of which shall thereafter become the 7 5t>1'-r ."..-) \ ""-, . sole and exclusive obligation of Husband. Husband shall indemnify and hold Wife harmless from any and all cloims regarding the property located at 19 Heidi Terrace, Camp Hill, cumberland county, Pennsylvania. 3.7 The parties hereto agree that the title to the 1985 Chevrolet Cavalier owned jointly by the parties shall be transferred solely to Wife. Any other vehicle owned by the parties shall be transferred solely to Husband. ARTICLE IV RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Husband and Wife do hereby waive, releose and give up any rights they may respectively have against the other for alimony, support, or I " , maintenance. :;.- J~ r~ fr rfl ~'if ~ -~ 8 ic -P .~l :~~ O}'l 5//? ('~n '. 'I i..' . 4.2 Husband ond Wife specificallY waive, release and give up any rights for alimony that they may be entitled to pursuant to Chaptsr 37 of the pennsylvonia Domestic Relations Code. ARTICLE V DEBTS OF THE PARTIES 5.1 Each party represents to the other that except as otherwise specificallY set forth herein, there are no major outstanding obligations of the parties, that sincs the separation neither party has contracted for any debts for which the other will be responsible and eoch porty indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. In the event either porty contracted for or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the nome in which the account may have been charged. Hueband and Wife acknowledge and agree thot they have no outstanding debts or obligotions of the lIusband and Wife inourred prior to the signing of this Agreement. Husband shall assume and be solely responsible for all 9 disclosed maritol debt thot was incurred before June 6, 1995. r r1/V , ) C ~~\ . 5.2 t:ach porty relinquishes any right, title and interest he or eho moy havo to any and all motor vehicles currently in the possossion of the other party. Each party shall execute the necsssory documents to have said vehicles properly registered in tho other party's name with the Pennsylvania Department of Transportation. CUSTODY 6.1 The parties agree thot Husband shall have primary legal and physical custody of the children of the marriage, except os follows I 1. Husband shall have primary phyeical and primory logal custody of STACY MARINA PAINTER and SARAH MARIA PAINTER, SUbject to Wife's periods of temporary physical custody. 2. Wife shall have primary physical custody of STEPHANIE MARIE PAINTER, subject to Husband's periods of temporary physical custody. 6.2 Each party agrees to keep the other apprised of any and all matters rslating to the children's health, education, welfare, ond octivities. 10 r.- r ('II) ../1 C'~) .. . ARTICLE VII MISCELLANEOUS PROVISIONS 7.1 The provisions of this Agreement and their legal uffect have been fully explained to the parties by their respective counsel or the parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice ond with such knowledge thot execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 7.2 Husbond and Wife do hereby mutually remiee, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property of the other or against the estote of the other, of whatever nature and wheresoever situate, which he or she now has or at ony time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracte, engogements, or liabilities of such other as by way of dower or curtesy, or 11 :.! r.IJ ~y ( , , (""\,J . claims in the nature of dower or curtesy 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 hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whethsr 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 Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not 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. 12 ~M? ('\ ~~ ! . 7.3 Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided herein. 7.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subssquent default of the same Dr similar nature. 13 SM? 7.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 7.6 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 7.7 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agree~ents and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 7.8 If any term, condition, clause, section, 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. Likewise, the failure of 14 '-) ('./,\ Sf/JI \\ . any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 7.9 It is specificallY understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code of the commonwealth of Pennsylvania. 7.10 The parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. 7.11 This Agreement shall survive any aotion for divorce and decree of divorce and shall forever be binding and conclusive on the parties I and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or wife until it shall have been fully satisfied and performed. The consideration for this Agreement is ths mutual benefits to be obtained by both of the parties hereto and 15 cQ " (./1 e .' ... . --~~~..-- . the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. WITNESSED BY: ~ \ ~ . 'V6<1' ., \ " ~ -\ \ '.J.;.\", 1 \b~\ Charles E. Painter, Jr. (SEAL) \ \ / ~.~ y\ a....cho ./' L Sandra M. Pa nter (SEAl,) 16 . . . . , , , L. I , !..,,: fL' VI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES E. PAINTER, JR., Plaintiff CIVIL ACTION--LAW IN DIVORCE vs. SANDRA M. PAINTER Defendant NO. 95-3064 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorcel irretrievable breakdown under section 3301(C) of the Divorce Code. 2. Date and manner of service of the complaint: certified mail, restricted delivery, return receipt requested on June 6, 1995. signed for by Defendant on June 8, 1995. 3. Date of execution of the affidavit of consent required by section 3301(c) of the Divorce Codel by the Plaintiff-- September 10, 1995 (filed September 15, 1995)/ by the Defendant- -September 10, 1995 (filed September 15, 1995). 4. Related claims pendingl No claims raised. ", 5. Attached are copies of the Separation and Property Settlement Agreement entered into by the parties. Said Agreement should be incorporated into the Divorce Decree. Respectfully submitted, HANFT & VOHS Datel September 15, 1995 Mif::!;.'~aJ~ F~uire Attorney ID 157976 11 West Pomfret street, suite 2 Carlisle, PA 17013 (717) 249-5373 Attorney for Plaintiff ! ,. If> n1 ." - , - t.;:;.~, c. ,,, L.~ - tR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES E. PAINTER, JR., Plaintiff v. CIVIL ACTION - LAW IN DIVORCE SANDRA M. PAINTER, Defendant NO. 95- ~lv tf- l\,,-cC ';>Ju',\ NOTICI TO Dlf.ND AMD CLAIM RIGHTS YOU HAVI BI.N SUID 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, 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. 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 Fourth Floor, Cumberland county Courthouse carlisle, PA 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES E. PAINTER, JR., Plaintiff v. CIVIL ACTION - LAW IN DIVORCE SANDRA M. PAINTER, Defendant NO. 95- COMPLAINT IN DIVORCE COUNT II DIVORCE AND NOW, this 6th day of June, 199~ comes Plaintiff, Charles E. Painter, Jr., by and through his attorneys, HANFT & VOHS, and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Charle E. Painter, Jr., who currently resides at 19 Heidi Terrace, Camp Hill, Cumberland county, Pennsylvania. 2. The Defendant is Sandra M. Painter, who currently resides at 19 Heidi Terrace, camp Hill, Cumberland county, Pennsylvania. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on July 24, 1981 in Panama city, Panama. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. 6. The Plaintiff has been advised of the availability of counseling, and that the Plaintiff may have the right to request that the court require the Parties to participate in counseling. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. COUNT II: EQUITABLE DISTRIBUTION 7. Paragraphs 1 through 6 are incorporated herein by reference as though the same were fully set forth herein. 8. Ths Plaintiff and Defendant have acquired personal property during their marriage. 9. The Plaintiff and Defendant have been unable to agree as to an equitable division of said property. VIRIrICATION I VERIFY that the statements set forth in the attached document are true and correct to the best of my knowledge, information and belief. I understand that false statements I herein are made subject to the penalties of 18 Pa. Section 4904 relating to unsworn falsification to authorities. \..~ ~ \ 1> r ll- ft ." 1J "-> .... I... , ~ 0 e .. . t-l o;J lit ill '~!:;f:' ';',; c.(l Co - .' ..n t , .d -P G ..J 1,;1. ." Ul lJl U) "le- ~, ,." ,In '11'_ C 8 ., (J) U\ 0 :..;" (J CI CJ 0 .. :'( 'Ii t11 -i< Pr ~ ..'J ~ J- ~. i ~ . A- ..C ~ .I (\ ~ .. en N ~\:::; -a ::s:: '" --J ." . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES E. PAINTER, JR., plaintiff CIVIL ACTION - LAW IN DIVORCE v. SANDRA M. PAINTER, Dsfendant NO. 95-3064 CIRTIWICATI or SIRVICI AND NOW, this 31st day of July, 1995, I, Michael J. Hanft, Esquire, hereby certifY that the following person was served with a True and Correct copy of the Divorce Complaint filed in the above-rsferenced matter. The Divorce complaint was mailed on June 6, 1995, but actual service took place on June 8, 1995 by Defendant signing for a copy of the Divorce complaint which was mailed in the united States Mail, certified Mail--Return Receipt Requested, Restricted Delivery, postage prepaid, addressed as follows! Sandra M. Painter 19 Heidi Terrace camp Hill, PA 17011 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit nAil and by reference incorporated herein and made a part hereof. HANFT & VOHS M chael J. H nft, squ re Attorney ID No. 57976 11 West pomfret street, suite 2 Carlisle, PA 17013 (717) 249-5373 ,II (, 'I I I oCllOlllllt=,_a..._-. , I ' c.-.. .. ... .. · _. .) 'MIl, yoUr.................... 11_ ollhlo ,..",...... ... -....... y.u. . , II.............. Ie ... ..... ..... .......... .. .. .... - " ..... , -.......... ,~ , . _.'lII*IM......"'T 1 r.............."""... , t1Il! ..........._....___ond........ t j,t Hi Ill!\; iiLUHi i III _'_"4 POMII 1 ) I _ ::.: r.. -~ - ('1' t~ - t.n ..n ... IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES E. PAINTER, JR., Plaintiff v. CIVIL ACTION - LAW IN DIVORCE SANDRA M. PAINTER, Defendant NO. 95-3064 CIVIL TERM AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on June 6, 1995. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and more than ninety (90) days have elapsed from the dats of the filing of the complaint in Divorce. 3. I consent to the entry of a final decree in 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. 5. I understand that the costs of these proceedings will be paid for by Plaintiff. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: I c~W ~5 ~~'~~;~r, Jr. IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES E. PAINTER, JR., Plaintiff v. CIVIL ACTION - LAW IN DIVORCE SANDRA M. PAINTER, Defendant NO. 95-3064 CIVIL TERM AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on June 6, 1995. 2. The marriaye of the plaintiff and Defendant is irretrievably broken and more than ninety (90) days have elapsed from the date of the filing of the Complaint in Divorce. 3. I consent to the entry of a final decree in 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. 5. I understand that the costs of these proceedings will be paid for by Plaintiff. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subjeot to the penalties of 18 Pa. C. S. section 4904 relating to unsworn falsification to authorities. / /-" ~~~~,~ San ra M. a nter D)t~l AYf /0, /qq:r