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HomeMy WebLinkAbout02-4174Defendant :IN THE COURT OF COMMON PLEAS, : C-LTMBEB.T.,%N-D COUNTY, PENNSYLVANIA : :NO. z//y¢ : : CIVIL ACTION - DIVORCE NOTICE TO DEFEND AND CLATM RIGHTS YOU HAVE BEEN SLrF_j) 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 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, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FTT.E A CLAIM FOR AT.TMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANT,.r), YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOUI,D TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TET.EPHONE THE OFFICE SET FORTH BET~OW TO FIND OUT Wt-TER.E ~}~ CAN GET T.W.C_TAL 1-11qIT.P. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Vo LOreS H. ma, Defendant :IN TI-IE COURT OF COMMON PI.~.&S, : CUMBERLAND COUNTY, PENNSYLVANIA : :NO. : : CIVIL ACTION - DIVORCE : COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE. DIVORCE CODE 1. Plaintiff is Judith C. Verna, who resides at 9 Jane Lane, Carlisle, Pennsylvania 17013. 2. Defendant is Louis H. Verna, who resides at 9 Jane Lane, Carlisle, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents of this Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiffand Defendant were married on November 5, 1988, in Bucks County, Pennsylvania. 5. The parties have been living separate and apart since on or about early April, 2002, a date prior to the filing of this Complaint. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 8. Plaintiff and Defendant are both citizens of the United States. 9. Plaintiff has been advised of the availability of marriage counseling and of the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff waives the right to request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 10. Plaintiff avers that this ground on which the action is based is that the marriage is irretrievably broken. WI{F~.P,,PORIg, Plaintiff respectfuliy requests that Your Honorable Court enter a Decree of Divorce. DATED: Respectfully submitted, Nora F. Blair i ~ -~ Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 VERI~CATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. ~ruDrrH c. V~LNA, Plaintiff V. LOUIS II. Defendant :IN THE COURT OF COMMON PLEAS, : CUMB~ COUNTY, PENNSYLVANL4 : No. ~o~ ~ ~//?¢ /~[/ : : C1VILACTION_ DIVORCE .. PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney for the Plaintiff in the above- captioned case. Respectfully submitted, /- Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 LOUIS H. VERNA, Defendant :IN TI-IE COURT OF COMMON PLEAS, : CI_FMBERI_,AND COUN'i~, PENNSYLVANIA : CIVIL ACTION - DIVORCE ; MARITAL SEq"rI,E AGREEMENT AGREEM~.NT, made this 50 r'day of ~¢:~'~ ! , 2002, by and between LOUIS H. VERNA, hereinafter referred to as "Husband", and JUDITH C. VERNA, hereinafter referred to as 'q//ife". WlTNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on November 5, 1988; WHEREAS, the parties hereto separated on or about early April, 2002; WHF_JtEAS, there were no children born during this; and WI-IF~.I~.&S, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Husband and Wife 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 specification: the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THER~,I~ORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable considerations, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: AGR~.k~V~.~ NOT A BAR TO DIVORCE PRe. DINGS. This Agreement shall not be considered to affect or bar the right of Husband or Wife to a divorce on lawful grounds if 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 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 or which may occur subsequent to the date hereof. 2. EFFECt OF DIVORCE DECRF. E 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. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement may be enforced by contract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity. 3. AGREEM~.NT TO BE INCORPORAT~.D INTO DIVORCE DECR~.~. The parties agree that the terms of this Agreement shall be incorporated, but not merged, into any divorce decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereofi 4. DATE OF EXECIYrION. 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 this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. ADVICE OF COUNS~.I.. The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Nora F. Blair, Esquire. Husband has been advised of and understands his right to seek legal counsel to explain the provisions of this Agreement and their legal effect. Husband voluntarily waives his right to legal counsel. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that 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. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. Each party agrees that he and she shall not, at any future time, raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. The parties further acknowledge that as a part of the settlement negotiations between the parties, each party has disclosed to the other party all assets o owned by the disclosing party having a value in excess of five hundred dollars ($500.00) and further that neither party has failed to disclose assets having a total value of more than two thousand dollars ($2,000.00). PERSONAL RIGHTS. Husband and Wife, at all times hereafter, may and shall live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other or compel or attempt to compel the other to cohabit or dwell, by any means or in any manner whatsoever, with him or her. SITBSEQUENT RECONCn,IATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent cohabitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. MUTUAL REI,E&SES. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and ail rights, title and interests, or claims in or against the property 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 provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. BANK ACCOUNTS AND RETIREM~.NT ACCOUNTS. Husband and Wife are the owners of individual bank accounts, retirement accounts, pensions, employee savings plans and stock bonus plans. Husband and Wife agree that all accounts and plans shall be the sole and separate property of the person in whose name they are titled and each party waives any right, title or interest they may have in the other partys accounts or plans. Specifically Wife shall retain her Retirement Savings Plan with CIGNA, her Pinnacle Health 403(b) Plan, her Retirement Plan for Employees of Holy Redeemer Health Systems Inc., and her IRA with Fidelity Investments as her sole and separate property; and Husband shall retain his IRA with American Funds and his Simple IRA with American Funds as his sole and separate property. The parties agree to equally divide their joint account with American Skandia Advisor Fund. The parties have equally divided their joint savings account. The parties agree that their joint mutual fund with Delaware Cash Reserve shall be the sole and separate property of Wife. Both parties agree to execute any documents necessary to effectuate this paragraph. 10. PERSONAL PROPERTY. Husband and Wife have accumulated various tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. The parties have divided or will in the near future divide their personal property to the satisfaction of both parties. Each party shall retain as their sole and separate property their clothing, jewelry and other items of personalty. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to items which shall become the sole and separate property of the other. 11. A~'rF~R-ACQIJ-IR~D PERSONAL PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim 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 respects and for all purposes, as though he or she were unmarried. Further each of the parties waives and relinquishes any right, title and interest which either may have in such property acquired by the other party since separation. Shou]d it become necessary for either party to execute any titles, deeds or similar documents to give effect to this paragraph, it shall be done immediately upon the request of the o~her party. 12. llF~L ESTATE. The parties are the owners of a house located at 9 Jane Lane, Carlisle, Cumberland County, Pennsylvania. Husband shall retain said real estate as his sole and separate property. At the time Husband removes Wife from liability on said real estate, Wife shall execute a deed transferring her interest in said real estate to Husband. Husband agrees to allow Wife to reside at said real estate until Wife is able to obtain suitable housing and move into said housing. Husband shall be solely responsible for the payment of the mortgage, home equity loan and all other expenses associated with said real estate as of the date Wife moves out of said real estate. The parties agree to share said expenses until the date that Wife moves out of said real estate. Husband agrees to indemnify and hold Wife harmless for and against any and all claims arising out of Husband's failure to make payments as specified in this paragraph. If Husband is unable to remove Wife from liability on all liens against said real estate within six months of the date of this Agreement, the house shall be placed for sale with a real estate broker and any reasonable offer accepted. For purposes of this Agreement, a reasonable offer shall be defined as ninety-five percent (95%) of the fair market value using conventional financing or a comparable offer. Each party agrees to execute all documents necessary to implement this paragraph. Husband shall claim the mortgage interest and real estate taxes for federal tax purposes for 2002 and subsequent years. 13. AUTOMOBII,P.S. The parties are the owners oftwo automobiles. The 1998 Toyota Corolla shall be Wife's sole and separate property. Wife shall be solely responsible for the payment of any loan on her vehicle. Wife agrees to indemnify and hold Husband harmless for and against any and all claims arising out of Wife's failure to make payments as specified in this paragraph. The 1992 Honda Accord stationwagon shall be Husband's sole and separate property. Husband shall be solely responsible for the payment of any loan on his vehicle. Husband agrees to indemnify and hold Wife harmless for and against any and all claims arising out of Husband's failure to make payments as specified in this paragraph. Each party agrees to execute all documents necessary to implement this paragraph. 14. LIFE INSURANCE. The parties are the owners of various life insurance policies. The life insurance policies shall be the sole and separate property of the insured. 15. CIJRRF2X]T I,IABII,rrIES. The parties have accumulated various debt during the marriage. Wife shall be solely responsible for the payment of any and all debt that is in her name. Husband shall be solely responsible for payment of any and all debt that is in his name. Husband and Wife have either canceled or divided all jointly held credit cards, and they shall be fully and solely responsible for the credit cards, other debts and loans as stated above. Except as otherwise specifically stated in this Agreement, 17. Husband shall be entirely and solely liable for any past, present and future balances due on his credit cards, other debts and loans of any nature whatsoever, and he shall fully indemnify Wife with regard to same. Except as otherwise specifically stated in this Agreement, Wife shall be entirely and solely liable for any past, present and future balances due on her credit cards, other debts and loans of any nature whatsoever, and she shall fully indemnify Husband with regard to same. If either party incurs any debt on a credit card rifled to both parties after the date of the parties' separation, the party making the charge shall be solely responsible for payment of the charge amount and any accumulated interest. Each party agrees to indemnify and hold the other party harmless for and against any and all claims arising out of the party's failure to make payments as specified. TAX CONSEQUENCES: The parties believe and agree, and have been so advised by their respective attorneys, if any, that the division of property heretofore made in this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Neither party will take any positions, on his or her federal or state income tax returns, with respect to the adjusted basis of the property assigned to him or her, or with respect to any other issue, which is inconsistent with the position set forth in this Agreement. 18. TAX RETURNS. The parties agree that in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either party in connection with the filing of a joint federal, state or local income tax return for prior years, the parties shall equally share any loss or liability in connection with such tax deficiency, including counsel fees and such tax, interest, penalty or expense associated therewith, unless and only unless said tax, interest, penalty or expense is finally determined to be attributable to misrepresentations or failure to disclose the nature and extent of either party's separate income on joint returns, in which case any and all liability, cost or expense shall be the sole responsibility of the party responsible for the misrepresentation or failure to disclose the nature and extent of separate income. 19. WAIVER OF PA~ OF l .~L i~.I~.S. Wife shail be solely responsible for payment of her legal fees. Husband shall be solely responsible for payment of his legal fees. Each party waives the right to have the other party pay any of their legal fees or costs. 20. AI.IMONY AND AI.IMONY I~]~NDENTE LITE. Wife and Husband do hereby waive, release and give up any rights they may respectfully have against the other for any alimony, alimony pendente lite, support or maintenance. It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves 21. without seeking any additional support from the other party. The parties agree that the terms of this Agreement provide for payment by one spouse for or on behalf of the other spouse and that such payments are necessary for the support and maintenance of the other spouse. WAIVgR OF B~CIARY DESIGNATIONS. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme. The parties by the terms of this Agreement specifically waive the rights of spouse beneficiaries established by federal or state statute including ERISA. Each party expressly states that it is his or her intention to revoke by the terms of this Agreement any beneficiary designations naming the other party which are in effect as of the date of execution of this Agreement. If the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Not withstanding the foregoing, however, in the event that either party hereto 22. 23. specifically designates the other party as a beneficiary after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. DIVID]gDASSETS. The parties agree to divide all of their assets including but not necessarily limited to real estate, financial accounts, cash, retirement funds, motor vehicles, personal effects and household contents as set forth in this A~c~reement. Husband and Wife hereby assign all of their respective rights, title and interest to the other as to the divided assets as set forth in this Agreement. Husband shall be the sole and exclusive owner of such assets as divided herein and designated for Husband. Wife shall be the sole and exclusive owner of such assets as divided herein and designated for Wife. MUTUAL CONSENT DIVORCE. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that a complaint in divorce shall be filed in Cumberland County. The parties agree to have the divorce decree entered in that case pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (herein referred to as the Code). Accordingly, both parties agree to execute such stipulations, consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such stipulations, consents, affidavits, or other documents as may be necessary 24. 25. to proceed to obtain a divorce pursuant to said Section 3301(c) of The Code. Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations 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 for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. WARRANTY AS TO FUTUP~ OBLIGATIONS. Husband and Wife each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereai~er incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 26. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof 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 subsequent default of the same or similar nature. 27. IVIUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force 28. 29. 30. and effect to the provisions of this Agreement. LAWS OF PENNSYLVANIA APPLICABI construed in accordance with the laws This Agreement shall be of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. AG]~.~.]~NT BINDING I~.IRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. OTI4lgR DOCLrMI~..NTATION. Husband and Wife covenant and agree that they will forthwith (and within no more than ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement and make any transfers of property required to be made by this Agreement within ten (10) days of a request to do such. 31. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party herea~er to enforce the same, nor shall the waiver of any default or breach of any provision hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 32. IgNFOR~ OF AGR~gM~qT. If either party breaches any provision of this Agreement, the other party shail have the right, at his or her election, to sue for damages for such breach or to require specific performance. The party breaching this Agreement shall be responsible for payment of legai fees and costs incurred by the other party in enforcing their rights under this Agreement or for seeking such other remedies of relief as may be available to him or her. 33. SEVIgP~KBILITY. 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 34. 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 any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall, in no way, void or alter the remaining obligations of the parties. HEADINGS NOT PART OF AGREI~P~.NT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. IN WITNESS WI4EREOF, the parties hereto have set their hands and seals the day and year first above written. JUD1/rH C. VERNA COMMONWEALTH OF PENNSYLVANIA : :SS. COUNTY OF DAUPHIN : On this, the ~ day of /~,J~ ~ ,2002, before me a Notary Public of the Commonwealth of Pennsylvania personally appeared JUDITH C. VERNA, known to me to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN wrrNESS Wt~.REOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA : :SS. COUNTY OF DAUPHIN : this, the day of /~/~.~ ~ .2002, before me, a Notary Public for the Commonwealth of Pennsylvania, personally appeared LOUIS H. VERNA, known to me to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ?laint~ Vo ix)ms H. VImN& Defendant 'IN THE COURT OF COMMON PI.EA_.S, · CUMB~ COUNTY, PENNSYLVANIA · NO. 02-4174 Civil · CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on September 3, 2002 and served on September 3, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing of the Complaint and service of the Complaint on Defendant. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of Divorce Decree or at any time after the signing of this Consent if I have also signed a Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code. 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. DATED: JUDI~-I C. VERNA Plaintiff VJ LOUIS H. VERNA, Defend_out · IN THE COURT OF COMMON PI.EAS, · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-4174 Civil · CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on September 3, 2002 and served on September 3, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing of the Complaint and service of the Complaint on Defendant. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of Divorce Decree or at any time after the signing of this Consent if I have also signed a Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code. 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. DATED: LOUIS H. VERNA Defendant LOUIS ti. VERNA, Defendant · IN THE COURT OF COMMON PI,EAS, ' CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-4174 Civil · CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTF, WrION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE. DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Decree of Divorce is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Waiver 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. DATED: /z/ JUDITI~ C. VERNA Plaintiff Plaintiff Defendant 'IN THE COURT OF COMMON PLEAS, · CUMB~ COUNTY, PENNSYLVANIA · NO. 02-4174 Civil · CIVIL AC'I~ON- DIVORCE WAIVER OF NOTICE OF INTENTION TO REQI. rEST EN'I~Y OF A DIVORCE DECREE UNDER SECTION 3301(¢) 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 divorce is granted. 3. I understand that I will not be divorced until a Decree of Divorce is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I 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· DATED: LOUIS H. VERNA Defendant Ve LOUIS H. VERNA, Defendant · IN THE COURT OF COMMON PI.E&S, · CUM~ERT~AND COUNTY, PENNSYLVANIA - CIVIL ACTION- DIVORCE ACCEPTANCE OF SERVICE I, Louis II. Vema, am the Defendant in the above-captioned divorce matter· I have accepted service of the Complaint in Divorce as of this the ~ ~_ day of , Louis H. ' e~a [4/L~,,.~ Vo Lores ~ vms& Defendant · IN THE COURT OF COMlVlON PLEAS, · CIJMB~ COUNTY, PENNSYLVANIA · CIVIL ACTION- DIVORCE PRAECIPE TO ENTER APPEARANCE TO ~ PROTHONOT~Y: Please enter my appearance as attorney for the Plaintiff in the above- captioned case. Respectfully submitted, Nor~F. Blair --~ Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 LOUIS H. Defendant · IN THE COURT OF COMMON PI,lq, AS, · CUMB~ COUNTY, PENNSYLVANIA · NO. 02-4174 Civil · CIVIl, ACTION - DIVORCE PRAECIPE TO TRANSM]T RECORD UNDER § 3301(c) OF THE, DIVORCE CODE 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 § 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: (a) Date of service: September 3, 2002. (b) Manner of service: Acceptance of Service 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: (a) By the Plaintiff: December 4, 2002 (b) By the Defendant: December 5, 2002 4. Date of execution of Waiver of Notice of Intention to File Praecipe to Transmit Record: (a) By the Plaintiff: December 4, 2002 (b) By the Defendant: December 5, 2002 5. Related claims pending: NONE DATED: December 8, 2002 F. Blair, Esquire Attorney for Plaintiff IN PLEAS .TIT!'}_ T'PH I~._ VRRNA THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF __ ..,__.._.. PENNA. VERSUS T,OTHS H. VRRNA Defend_~_nt N O. 4174 CML 2002 DECREE IN DIVORCE AND NOW, DECREED THAT JUDITH C. VERNA A N D LOUIS H. VERNA ARE DIVORCED FROM THE BONDS OF MATRIMONY. , ~)O~ IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, 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; The Marital Settlement Agreement dated August 30, 2002, is incorporated into but not merged into this Decree in Divorce. ATT +.,--,ch ~ j