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IN
THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF '* PENNA,
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RICHARD E, ADAMS,
PLAINTIFF
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BRENDA L. ADAMS,
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DEFENDANT
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decreed that... ....., ~~<::~~I?, ~,'..~I?~~,~ .... .. , ....,.. , ....,. plaintiff, ~
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ore divorced from the bonds of matrimony,
The court retains jurisdiction of the following claims which hove
been raised of record in this action for which a final order has not yet
been entered;
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RICHARD E, ADAMS, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
,
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vs. . NO.1 95-3376 CIVIL TERM
.
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BRENDA L. ADAMS, , CIVIL ACTION - AT LAW
,
Defendant , IN DIVORCE
.
PRAECIPB TO TRANSMIT THB RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information,
to the Court for entry of a divorce decree:
1. Ground for Divorce: Irretrievable breakdown under Section
3301(c) of the Divorce Code.
2. Date and Manner of service of the Complaint: Acceptance of
Service signed and notarized on March 29, 1996. Please see
attached Acceptance of Service,
3, Date of execution of the Affidavit of Consent required by
Section 3301 (c) of the Divorce Code: Plaintiff - November 8,
1995; Defendant - March l2, 1996.
4, Date of execution of Defendant's Waiver of Notice of
Intention to Request Entry of a Divorce Decree: March l2, 1996.
5, Related claims pending:
merging, the enclosed Property
divorce decree,
Please incorporate, without
Settlement Agreement into the
Respectf
ted,
shelman, Esquire
of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID' 72655 Tel, (717) 763-1800
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT, made this /711-.. day of ~
1995, by and between RICHARD E. ADAMS, hereinafter called
Husband, and BRENDA L. ADAMS, hereinafter called Wife;
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on July 4,
1984 in Cumberland County, Pennsylvania; and
WHEREAS, differences have arisen between Husband and Wife in
consequence of which they have determined to live separate and
apart from each other and have consented to a mutual consent
divorce; and
WHEREAS, Husband and Wife desire to settle and determine
their rights and obligations, including the settling of their
property rights and other rights and Obligations growing out of
their marriage in accordance with the provisions of the Divorce
Code of Pennsylvania.
NOW, THEREFORE, the parties, intending to be legally bound
hereby, agree as follows:
1. SeDaration. It shall be lawful for each party at all
times hereafter to live separate and apart from the other at such
place as he or she may from time to time choose or deem fit.
The foregoing provision shall not be taken as admission on the
part of either party of the lawfulness or unlawfulness of the
causes leading to them living apart. Each party shall be free
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from interference, authority and control, direct or indirect, by
the other as fully as if he or she were single and unmarried,
Neither shall molest the other or compel or endeavor to compel
the other to cohabit or dwell with him or her.
2, Division of ProDertv and Debts. The parties have
divided between them to their mutual satisfaction the personal
effects, tools, equipment, household furniture and furnishings,
and other articles of personal property which have heretofore
been used by them, individually or in common, and neither will
make any claim to any such items which are now in possession or
control of the other, except as otherwise set forth herein.
The parties will keep the respective automobiles in their
possession as their sole property and assume the costs of
maintenance and insurance.
Wife shall retain as her separate property, the parties'
mobile home. When the loan on same is paid off in October 1995,
Husband agrees that he will execute any and all documents so as
to convey the title of the mobile home to Wife. Wife shall
retain all contents currently in the mobile home, the shed and
its contents.
The parties have the following debts which shall be assumed
and paid until October, when the mobile home loan is paid off.
At that time, the parties shall renegotiate the payment of the
remaining balances on the respective loans recognizing that the
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mobile home loan of $210 per month is no longer an obligation of
the parties,
Husband to pay: commercial credit, Northwest, Q-Card, three
Finger Hut bills and Core states.
Wife to pay: Mobile home loan, Discover, Beneficial and
Penney bills.
The parties agree that they each waive any claim that they may
have to the other parties' employment pension retirement accounts
and agree to execute any documents to acknowledge same.
4. Child Custodv, and Child Support. Husband is currently
paying the sum of $455,00 per month which represents $347 for
child support: and, $108 for child care expenses. The parties
acknowledge that the child support obligation may be modified by
the court for changes in circumstances arising in the future.
Husband and wife shall share joint legal and physical
custody of their daughter, Lakiesha. While Wife shall have
primary physical custody of Lakiesha, she agrees that Husband may
have liberal custody of his daughter according to the following
terms.
1) Husband shall have custody of Lakiesha on all days that
he is not obligated to work, provided that he gives wife twenty-
four (24) hour's notice of his intent to exercise his custody.
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2) Husband may have partial custody on his work-days
provided Wife agrees to same.
3) The parties shall share custody on the following
holidays: New Years Day, Presidents Day, Easter, Memorial Day,
July 4th, I.abor Day, Thanksgiving and Christmas.
4) Every Fathers Day shall be spent with Father and every
Mothers Day with Mother.
5) Husband shall have fourteen (14) days, consecutive or
split, during the year. Husband shall give Wife at least thirty
(30) days advance notice of his intent to exercise this time.
6) Neither parent shall remove the child from Pennsylvania
without the consent of the other parent.
5, Debts. Except for the debts and obligations created
hereunder, each party agrees to pay and hereby agrees to hold the
other harmless from any and all personal debts and obligations
incurred by him or her subsequent to the date of separation which
occurred in 1995. If any claim, action or proceeding is
hereafter brought seeking to hold the other party liable on
account of such debts or obligations, each party will at his or
her sole expense defend the other party against any such claim,
action or proceedings, whether or not well-founded, and indemnify
the other party against any loss or liability resulting
therefrom.
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6, Eauitable Procertv. This agreement constitutes an
equitable division of the parties' marital property. The parties
have determined that the division of this property conforms with
regard to the rights of each party. 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
effectuated without the introduction of outside funds or other
property not constituting the matrimonial estate.
Each party hereby aCknowledges that this agreement
adequately provides for his or her needs and is in his or her
best interest, and that the agreement is not the result of any
fraud or undue influence exercised by either party upon the other
or by any other person or persons upon either party. Both
parties hereby waive the following procedural rights:
A. The right to obtain an inventory and appraisement
of all marital and separate property as defined by the
Pennsylvania Divorce Code.
B. The right to obtain an income and expense
statement of the other party as provided by the Pennsylvania
Divorce Code.
C. The right to have the court determine which
property is marital and which in non-marital, and equitably
distributable between the parties that property Which the court
determines to be marital.
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D. The riqht to have the court decide any other.
riqhts, remedies, privileqes, or obliqations covered by this
aqreement, includinq but not limited to possible claims for
divorce, spousal support, alimony, alimony pendente lite
(temporary alimony), and counsel fees, costs and expenses.
7. Mutual Release. Husband relinquishes his inchoate
intestate riqht in the estate of Wife, and Wife relinquishes
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 assiqns, does remise,
release, quit-claim and forever discharqe the other party hereto,
his or her heirs, executors, administra~ors or assiqns, or any of
them, of any and all claims, demands, damaqes, actions, causes of
action or suits at law or in equity, of whatsoever kind or
nature, for or because of any matter or thinq done, admitted, or
suffered to be done by said other party prior to and includinq
the date hereof; further, the parties hereto have been advised by
their leqal representatives, respectively, of all their riqhts
under the Pennsylvania Divorce Code, and such riqhts as are not
specifically incorporated herein are hereby expressly waived,
Notwithstanding the foregoing languaqe of this paragraph, this
release shall in no way exonerate or discharqe either party
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hereto from the obligations and promises made and imposed by
reason of this Agreement and shall in no way affect any cause of
action in absolute divorce which either party may have against
the other.
S, Release of All Claims, Each party, except as otherwise
provided for in this Agreement, releases the other from all
claims, liabilities, debts, obligations, actions and causes of
action of every kind that have been incurred, or may be incurred,
relating to or arising from the marriage between the parties,
including waiving any claim to their respective pensions or
retirement accounts, However, neither party is relieved or
discharged from any obligations under this Agreement or under any
instrument or document executed pursuant to this Agreement.
9. Breach. 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, and seek any other
remedy allowed in law or equity. The party breaching this
contract shall be responsible for the payment of legal fees and
costs incurred by the other in enforcing his or her rights under
this Agreement, or seeking such other remedy or relief as may be
available to him or her. waiver by one party of any breach of
this Agreement by the other party shall not be deemed a waiver of
any subsequent, similar breach or other breaches.
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10, Full 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, of the source and amount of the
income of such party of every type whatsoever and all other facts
relating to the subject matter of this Agreement.
11, Divorce. This Agreement shall not be construed to
affect or bar the right of either Husband or wife to a true and
absolute divorce on legal and truthful grounds as they now exist
or may hereafter arise. It is understood, however, that Husband,
as of the signing of this Agreement, has filed an action in
divorce in the Court of Common Pleas of Cumberland County, in
which she alleges that the marriage is irretrievably broken.
Both parties understand and agree that Husband shall pursue said
divorce on the grounds that the marriage is irretrievably broken,
and that both parties will execute, deliver and file the
necessary affidavits and all other petitions or documents
necessary to effectuate the divorce pursuant to Section 330l1c)
of the Divorce Code on or before September 29, 1995. Wife agrees
that the marriage is irretrievably broken.
12. ReDresentation of Parties bv Counsel. Each party has
had the opportunity to have legal counsel to represent each of
them in the negotiation and preparation of this Agreement and has
either been so represented or has voluntarily chosen not to be
represented. Each party has carefully read this Agreement and is
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completely aware, not onlJ of its contents, but also of its legal
effect.
13. Additional Instruments. Each of the parties shall on
demand or within a reasonable period thereafter, execute and
deliver any and all other documents and do or cause to be done
any other act or thing that may be necessary or desirable to
effectuate the provisions and purposes of this Agreement. If
either party fails on demand to comply with the provision, that
party shall pay to the other all attorneys' fees, costs and other
expenses reasonably incurred as a result of such failure.
14. MOdification and Waiver. MOdification or waiver of any
provision 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 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.
15. DescriDtive Headinas. The descriptive headings used
herein are for convenience only. They shall have no effect
whatsoever in determining the rights or obligations of the
parties.
16. Successors and Assians. This Agreement, except as
otherwise expressly provided herein, shall be binding upon and
shall inure to the benefit of the respective legatees, devisees,
heirs, executors, administrators, assignees and successors in
interest to the parties.
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17. Governina Law. This Agreement shall be governed by and
shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania.
18. Order of Court. With the approval of any court of
competent jurisdiction in which any divorce proceeding may now be
pending or which may hereafter be instituted, this Agreement
shall be incorporated in any decree of absolute divorce which may
be passed by said court. In the event the court shall fail or
decline to incorporate this agreement or any provisions thereof
in said decree, then and in that event the parties, for
themselves and their respective heirs, personal representatives
and assigns, agree that they will nevertheless abide by and carry
out all of the provisions thereof.
It is further agreed that regardless of whether said
agreement or any part thereof is incorporated in any such decree,
the same shall not be merged in said decree, but said agreement
and all the terms thereof shall continue to be binding upon the
parties and their respective heirs, personal representatives and
assigns.
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Wri~~
RICHARD E. ADAMS
IN WITNESS WHEREOF, intending to be legally bound hereby,
the parties hereto have hereunto set their hands and seals the
day and year first above
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STATE O~ pennsylvania
COUNTY O~ Cumberland
( SEAL)
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BRENDA -L. DAMS
(SEAL)
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AND NOW, this 17th day of /lJ..-(.I-e',,,h.A,., 1995, before
me, the undersigned officer, personally appeared RICHARD E,
ADAMS, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and
acknowledged that he executed same for the purposes therein
contained.
seal.
IN WITNESS WHEREO~, I hereunto set my hand and official
G NotuI.~&lllI
AroeIa F.lJno1<, r%l,'Y Pt.llIc
CMiio Iloto, CClI'.born.. d eo,
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STATE O~ Pennsylvania
COUNTY O~ Cumberland
.
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AND NOW, this day of , 1995, before
me, the undersigned officer, personally appeared BRENDA L. ADAMS,
known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within instrument, and acknowledged
that she executed same for the purposes therein contained.
IN WITNESS WHEREO~, I hereunto set my hand and official
seal.
Notary Public
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RIQIARD E, ADlIMS,
Plaintiff
IN 'llIE CXllRI' OF cx:KDl PIEA9 OF
aJMBERI.1INO CXXlNI'lC, PmNSYLVANIA
CIVIL lICI'IOO - IJ\N
00, 95-3374> CIVIL '.l'EDI
IN DIVORCE
VB,
~ L, ADlIMS,
Defen:lant
OOl'ICE rro DEFEND AND CIAIM RIGHIS
You have been sued in court. If you wish to deferxl against the claims
set forth in the following pages, you nust: take pratpt action, You are warned that
if you fail to do so, the case may prcceed without you an:1 a decree of divorce or
annulInent may be entered against you by the court. A judgment may also be entered
against you for arrj other claim or relief requested in those papers by the
Plaintiff, You may lose m:mey or property or other rights inportant 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 coonseling. A list of marriage
coonselors is available in the Office of the Prothonot:azy at the OJmberland County
Court House, Carlisle, Pennsylvania.
IF YOO 00 NOr FIIE A CIAIM FOR ALlMJNY, MAIU'l1\L PRJPERlY, CXXJNSEL FEES
OR EXPmSES I2OrUl<l:O 'llIE FINAL rm::m:E OF DIVORCE OR ANNUIMENl' IS GRANTED, YOO MAY IDSE
'llIE RIGIfl' rro CIAIM ANY OF 'lllEM.
YOO SKXlID TARE 'lHIS PAPER rro YOOR ATroRNEY AT WCE. IF YOO 00 NOr HAVE
1lN ATroRNEY OR C1lNNCIl' AFFURO ONE, GO rro OR '1'EI.EFHCt-lE 'llIE OFFICE SEl' roRIH BEI.CM rro
FIND <X1l' WHERE YOO CAN GEl' !mAL HELP.
Court Jldministrator
OJmberlan:1 County Court House
Fourth Floor
Carlisle, PA 17013
Telephone: (717) 240-6200
'1he Court of Cl::.mn:m Pleas of OJmberlan:1 County is required by law to OC1T(Jly
with the 1Imericans with Disabilities 1Ict of 1990. For information about accessible
facilities an:1 reasonable a~",lOdations available to disabled individuals having
bJsiness before the court, please contact our office. All arr<m;Jements nust: be made
at least 72 hours prior to arrj hearing or bJsiness before the court. You nust:
attend the scheduled conference or hearing.
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I, RIaIARO E, AIllIMS,
Plaintiff
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IN 'DiE 0XlRl' OF c:aM::N PIFA9 OF
aJMBERU\NO CXXJNI'l(, ~
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vs,
BREND.\ L. AIllIMS,
Defendant
: CIVIL ACTIOO - U\W
NO, 95-33740 CIVIL TmI
IN DIVORCE
a:MPIAINl' UNDER SElCl'IONS 330ltCI
AND 3301101 OF 'IlIE DIVORCE CDDE
1. Plaintiff is Richard E. lldams, an adult in:llvidual who currently
resides at 615 Woodlan:l Avenue, Mt. Holly Sprirgs, Olrnberlan:l Coonty, Pennsylvania.
2. Defendant is Bren:UI L. lldams, an adult in:llvidual who currently
resides at Big Sprin:J Terrace, Lot 146, Newville, Olrnberlan:l Coonty, Pennsylvania.
3, Plaintiff am Defendant have been bona fide residents in the
Oatm:lnwealth of Pennsylvania for at least six IOOllths iImnediately previous to the
filin;J of this 0:IIp1aint.
4. 'Ihe Plaintiff am Defendant were married on July 4, 1984, in
Olrnberlan:l Coonty, Pennsylvania.
CXXJNl' I - DIVORCE
Plaintiff hereby incozplrates by reference averments 1 tiu:'ou;Jh 4 as if
each avement were set forth fully hereun::ier.
5, '!here have been no prior actions of divorce or for annulment between
the parties as to their current marriage.
6. Neither Plaintiff nor Defendant is in the Atmed Forces of the united
states.
7. Plaintiff avers that the marriage between the parties is
iITetrievably broken.
8. 'Ihe Plaintiff has been advised of the availability of oounselin;J ani
,
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I that he may have the right to request that the court require the parties to
participate in ocunselirg,
9. 'Ibis action is not collusive,
o:xJNl' II - DIVISION OF PROPERl"i AND DEIJl'S
plaintiff hereI:ly incorporates by reference all of the avenrents
contained in co.mt I of this a:.tplaint.
10. 'the parties have acquired a ndJile hane located at Big Sprirg
TerraO!l, Lot 146, Newville, Olmberlard county, PA, durirg the course of their
marriage.
11, 'the parties have acquired hane furnishirgs, motor vehicles, bank
aoocunts, ard misoellll1'll!Q.\S items of personal ptqlerty.
12. 'the aforesaid items are marital ptqlerty ard the Plaintiff requests
that they be equitably divided. 'the parties have also aCCl.ll1Ulated marital debt ard
this shoold be equitably divided also.
WHE:RE:roRE, Plaintiff prays that a decree be entered in favor of the
Plaintiff ard against the Deferdant as follows:
a) 'Ihat a decree in divorce be entered;
b) 'l11at the herein described marital ptqlerty owned by the Plaintiff
ard Defendant be cllstrihrt:ed aooordirg to law;
c) 'l11at the marital debts be cllstrihrt:ed aooordirg to law; ard,
d) SUch other additional relief as the Court deell'S neoe<3'?ry,
Respectfully sul:tnitted,
O'BRIEN, BllRIC & SCHERER
~~~.
Robert L, O'Brien, ~
Attorney for plaintiff
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I verify that the statements made in this OcITplaint are true and
correct, I understan:l that false statements herein are made IlUbject to the
penalties of 18 Pa, C.S, S 4904, relating to unsworn falsification to authorities,
tP~ !$I~
RIOfARD E, ADAMS
D:lte: ~. )J.9,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
(j)
JUN ZZ I Z4 f'H '95
COMPLAINT IN DIVORCE
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CU"",e"Lt,Hl' Ct':!ilY
~tHli~\'L"MI'A
RICHARD E. ADAMS,
Plaintiff
-$ 175,50 pdQtb.t
5 ,00 So...-\. ,
v.
BRENDA L. ADAMS,
Defendant
'J J SO . 50 pd a:tbt
/ 5' . OD e~rcl.. COVl\.{;
CIVIL ACTION - LAW
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O'BRIEN. IWIIC rr SCHERER
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CAllLISu:. fI'.liNSYLVNlI^ 17013
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RICHARD E. ADAMS, IN THE COURT OF COMMON PLEAS
plaintiff . CUMBERLAND COUNT~,PENNS~LVANIA
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v, CIVIL ACTION-LAW
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BRENDA L. ADAMS, NO, 95-3376 CIVIL TERM
Defendant . CIVIL ACTION-IN DIVORCE
.
AFFIDAVIT OF CONSENT
1, A complaint in Divorce under section 3301 (c) of the
Divorce Code was filed on June 22, 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 if a claim for alimony, alimony
pendente lite, marital property or counsel fees or expenses has not
been filed with the court before the entry of a final decree in
divorce, the right to claim any of them will be lost.
5. I have been advised of the availability of marriage
counseling and understand that I may request that the court require
that my spouse and I participate in counseling prior to a divorce
decree being handed down by the court.
6. I am not a member of the armed forces, nor in active
military service, of the United States of America or the
Commonwealth of Pennsylvania.
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.,
unsworn falsification to
Date: II-o~-9S
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RICHARD E, ADAMS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
1
vs, I NO.1 95-3376 CIVIL TERM
1
BRENDA L. ADAMS, . CIVIL ACTION - AT LAW
,
Defendant IN DIVORCE
DEPENDANT'S AFFIDAVIT OF CONSBNT
UNDBR SBCTION 330lfcl OF THB DIVORCB CODB
1. A complaint in divorce under Section 330l(c) of the
Divorce Code was filed on the 22nd day of June 1995,
2, The marriage of the Plaintiff and the Defendant is
irretrievably broken and ninety days have elapsed from the date of
the 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.
4. 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 falsification to authorities.
Signature: ~ d~..L1
Brenda L: Adams
Dated::!:,II;)..l q (",
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RICHARD E, ADAMS, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
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vs, I NO,I 95-3376 CIVIL TERM
I
BRENDA L, ADAMS, I CIVIL ACTION - AT LAW
Defendant I IN DIVORCE
DBPENDANT'S WAIVER OF NOTICB OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREB
UNDBR SBCTION 33011cl OF THE DIVORCE CODB
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 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,
4, 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 falsification to authorities,
Signature I ~ '/ ~~
Brenda L. Adams
Dated:.'3 I J;./ q(p
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