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HomeMy WebLinkAbout95-04988 ~ ,1 ~ '. '" 7 " ; '& 1 E ~. ( .' t , ~ J (fJ (fJ CT T ~ , :l() ,; 0- ::.:~~~~.::!:_~:...:.:!-=--":~~~:~'_'-:.!:~~~ .:.:. .:.:. ':~:__:~~~~:~::2...~!::.:~:::_"~~'~?~' .:+:. .:.:. .:+:. .=.:~~ ';4 ~/ .. (~ ...\ I f,.\ '~ !", .,.1 , ~., IN THE COURT OF COMMON PLEAS ,~ $ i~ $ OF CUMBERLAND COUNTY ~~ ), l~ ',' l~ l~ l~ l~ J.,. ~ ~~ i',' v ',' ~~ , , ,.,. .' ~ -' ~ ~ " \'~,,"r PENNA. ~ ~. STATE OF ~~ ~'I ',' ~l ~? ~I .. ,', ~ ~ ' DAVID LEE MANLEY, II, i\: (J, 95-4988 CIVIL II) 95 Plaintiff \.1.["....11" ;~ ,~ ,'0' '... I~ ~ CRICKET JO MANLEY, Defendant ~ ~ '~ ~ -,OJ ~ ',' ",' ~ DECREE IN DIVORCE - AND NOW. '" ,~~, ,~,~"'" 19,-1.,~" it is ordered and r.' ~, ,~ , , ~ ~\ ".t ~ ~i ~l ~( ~l , , ~i "I ~ s ~ , , ,DA VIp ,L~~ ,f:lAN,LEY , , P , ' , , , ' , , , , , ' , CRICKET JO MANLEY , ' , ' , " plaintiff, , , , ", defendant, decreed that and", , ~ ~ ore 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; ~ I". ,~ " ~ ~ ~ ..' ~ The Settlement Agreement bet,ween, ,the, parti,es ( , d,ated, ,Octo,ber, 13" 1995, ~ is incorporated, but not merged into ,this, ,o,=re,e in Divorce. ~ ) / ~ 8 w ',' ~ 8 *- ~ ~ ~ Jl,' Th~, Courl:/ \~ ) ~v'l ^II~.I:"" I'[..,IA.J~ ~_-N_...L /; "{f" tu. ~< . ~..~ ~'t.t?7 ~9t n4~ ..< -MEt" 12 I "/7 Plnthollllt.H\ 8 J, ~ ~ ~ ~ ~ ~ . ;..: . :.::~~~~.~.~,.~~.~~.~,~.~~.~..~~.:t:~~ , . , ' DAVID LEE MANLEY, 11. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No 95-4988 Civil Term v, CRICKET JO MANLEY, Defendant CIVIL ACTION - LAW IN DIVORCE AGREEMENT This Agreement is made this i3.!t1 day of OLrtdbe-e . 1995. by and between CRICKET JO MANLEY of Cumberland County, Pennsylvania ("Wife") and DAVID LEE MANLEY, II. of Cumberland County. Pennsylvania ("Husband") WITNESSETH WHEREAS, the parties hereto are Husband and Wife. having been married on February 6, 1993, in Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS. there were no children born of the parties' marriage; WHEREAS, certain unhappy differences. disputes. misunderstandings and difficulties have arisen between the parties and the parties have decided that their marriage is irretrievably broken, that it is their intention to live separate and apart for the rest of their natural lives, that they are desirous of settling fully and finally their respective financial and property rights and obligaltons as between each other mc1uding, wllhout limitation by specification The settling of all matters between them relaltng to the ownership of real and personal property mc1udmg property heretofore or subsequently acquired by ellher party. 2, The settling of all disputes, rights and/or interests between them arising out of or by reason of their marriage including but not limited to the past, present and future support, alimony, counsel fees, costs or maintenance of Wife by Husband or of Husband by Wife; 3, In general. the settling of any and all actual and possible claims by each party against the other or against their respective estates, NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: \. Effective Date of Agreement, This Agreement will become effective and binding upon both parties upon execution of this Agreement by both of them, 2, Effect of Divorce Decree--Incorl'omt;on, No Merger, The parties agree that unless otherwise specifically provided herein this Agreement shall continue in full force and effect after such time as a final decision in divorce may be entered with respect to the parties Husband and Wife agree that the terms of this Agreement shall be incorporated but not merged into any divorce decree which may be entered with respect to the parties and therefore Wife and Husband agree and each of the parties does hereby warTant and represent to the other that should either of them obtain a decree. Judgment or order of separation or divorce in any state, count!)' or jUrisdIction, that party will take all reasonable steps to have thiS Agreement incorporated as part of any such decree. Judgment or order The parties 2 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 the Agreement for the purpose of enforcemcnt of any of the provisions thereof. Nevertheless, it specifically is understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that should either of the parties obtain a decree. judgement or order of separation or divorce in any state, country or jurisdiction, each of the parties agrees that all of the provisions of this Agreement shall not be affected in any way by any such separation or divorce, it being agreed by the parties that this Agreement shall continue in full force and effect after such time as a final decree a divorce may be entered and shall survive and not I-e merged into any such decree, judgment or order. 3. Effect on /Jil'on:e. The parties agree to take all legal steps (including timely and prompt submission of all documents and the taking of all action including executing the appropriate waivers of notice of the master's hearing, right to file exceptions, and right to file appeal) necessary to assure that a divorce pursuant to Section 3301 of the Divorce Code is entered as soon as possible, but in any event not later than three (3) months from the date of execution of this Agreement. To that end. the parties have executed and agree to promptly file the affidavits required to obtain a divorce pursuant to ~ 3301(c) of the Divorce Code If, after the execution of this Agreement. either party delays or contests the obtaining of a final, un appealed divorce decree. that party shall be fully responsible for all attorney's fees. costs and/or expenses incurred as a result of such delay in obtaining the decree. 3 4. Effcct of No j)jl'lln'c. This Agreement is predicated upon and made subject to the attainment of a final decree in divorce under Sections 3301(c) of the Divorce Code and therefor, except as otherwise provided for herein, this Agreement will be null and void if a final decree in divorce is not obtained with three (3) months of the date of execution of this Agreement. 5. Wanunty (!f l>isc/o.mll:. Husband and Wife represent and warrant that they have disclosed to each other the full extent of their assets, income and liabilities. Each party has had ample opportunity to review the financial condition of the other and each party agrees not to challenge the instant Agreement based on an allegation of lack of sufficient disclosure of assets or income. 6. Equitable Distribution of Propeny. (a) The Wife acknowledges that the Husband pay the Wife the sum of Five Thousand Dollars ($5,000.00) upon execution of this Agreement. Husband shall also pay the Wife the sum of Twenty-Eight Thousand Dollars ($28,000.00) when the divorce decree is finalized. (b) Contcnts (if Marital Residcncc. As of the date of execution, Wife shall set over, transfer and assign all of her right, title and interest in all of the contents of the Marital Residence as of the date of execution of this Agreement, including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and equipment, pictures, paintings, books, decorations, works of art, Silver, china, glassware and other Items of tangible personal property of whatever nature ("Contents") currently located in the Premises, except that Wife shall receive the follOWing ,terns oJ By these presents, each of the parties hereby specifically waives, releases, renounces, and forever abandons whatever claims he or she may have with respect to any of the above items which shall become the sole and separate property of the other from the date of execution hereof. Husband hereby releases and relinquishes all claims and demands whatsoever as to the whole or separate part of the said items of personalty which are distributed to Wife (c) A wOn/obi/c. Upon execution hereof, Husband agrees that Wife shall retain possession of and receive as her own property the 1992 Ford Tempo for her own use and disposition. Husband agrees to execute, acknowledge and deliver upon request of Wife any and all instruments or documents necessary in order to effectuate the transfer of title of said automobile to Wife. Wife shall be solely responsible for the payment of any sales or other tax that might be incurred with respect to that transfer and for the payment of any expenses relating to the automobile. Wife has been and shall continue to be solely responsible for all expenses associated with the automobile including but not limited to insurance, maintenance, and any loan thereon. Wife shall be solely liable and shall keep Husband indemnified and held harmless from any liability, cost or expense, including attorney's fees, due to any of the expenses set forth in the preceding sentence and shall indemnify and hold Husband harmless from any liability, cost or expense, Including but not limited to claims, damages and Judgments, solely due to any aCCidents involVing Wife pnor to 5 the transfer of the title to Wife and Wife shall reimburse Husband for any increased premiums during the year following the date of execution of this Agreement solely resulting from such accidents. (d) EIIRoRemelll Rillg Wife shall permanently have possession of her engagement ring. 7. A limon)'. Wife and Husband represent and acknowledge that they each have sufficient property to provide for her or his reasonable needs and are able to support herself or himself through appropriate employment. 8. Credit. Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist which provide for joint liability. From the date of execution of this Agreement, each party shall use only those cards and accounts for which that party is individually liable. 9. Counsel Fees. Husband and Wife agree each party shall be responsible for his or her own legal fees and expenses, except that, in the event of a breach of this Agreement, fees shall be recoverable by a non-breaching party in an action to enforce the provisions of thiS agreement. 10. Wcumnty as to J-i,ture ObliRations. Wife and Husband each covenants, represents, warrants, and agrees that, except as may be otherwise specifically provided for by the terms of this Agreement, neither of them shall hereafter incur any liability whatsoever for whIch the other or the estate of the other may be liable, and each now and at all times hereafter shall Indemnify and hold harmless the other party from and against any such liabilities, costs or expenses, Including attorney's fees, relating thereto incurred by the other 6 party after the date of execution of this Agreement. II. Warralllie,\' as 10 ExistillR Obli~atiolls. During the course of the marriage, Husband and Wife have incurred certain liabilities and it is hereby agreed, without the necessity of ascertaining for what purpose and for whose use each of the bills was incurred, that of those liabilities that were incurred prior to the date of execution of this Agreement, Wife and Husband each covenants, represents, warrants and agrees that, except as may be otherwise specifically provided for by the terms of this Agreement, as of the date of execution of this Agreement, no unpaid liabilities remain which were incurred by him or her or on his or her behalf for which the other party may be deemed liable; and, if any such debts or obligations should be determined to have existed as of the date of execution of this Agreement, the party who incurred that debt shall indemnify and hold the other party harmless for and against any loss or liability and costs or expense, including attorney's fees, incurred as a result of those liabilities. 12 MUllIal Releases. Except, and only except, for all rights, agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any part of this Agreement, Wife and Husband 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 all rights, title and Interest, or claim In or against the property (including income, and gain from property hereafter accruing) of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether ariSing (a) out of any former acts, 7 contracts, engagements or liabilities of such other, (b) by way of dower or courtesy or claims in the nature of dower or courtesy or wIdow's or widower's rights, (c) as family exemption or similar allowance, or (d) under the intestate laws, the right to take against the spouse's will, 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 (i) Pennsylvania, (ii) any other State, Commonwealth or territory of the United States, or (iii) any other country. Except, and only except for all rights, agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any part of this Agreement, the parties agree 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 distribution of property, alimony counsel fees and expenses, alimony pendente lite or any other claim pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. The parties further release and waive any rights which either party may have now or hereafter against the other including but not limited to claims for past, present or future support or maintenance, alimony, alimony pendente lite, property division (including but not necessarily limited to equitable distribution), counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, whether under the Divorce Code or otherwise. Except, and only except, for all rights, agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any part of this Agreement, it IS the intention of Wife and Husband to gIve to each other by the execution of this Agreement, and full, complete and general release With respect to any and all property of any kind or nature, whether real. personal or mIxed, which 8 the other now owns or may hereafter acquire. 13. MUlllal Wail'ers. Wife and Husband acknowledge that by this Agreement they each respectively have secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources for his or her comfort, maintenance and support according to the standard of living to which the party is accustomed. Therefore, except as provided for in this Agreement, Wife and Husband do hereby waive, release, and give up any rights that they may respectively have, either at the present or in the future, against the other for equitable distribution, alimony, support, maintenance, or for any other right resulting from their status as Wife and Husband. Wife and Husband agree that neither party may apply to any court for a modification of this Agreement, with respect to alimony, distribution of property, or otherwise, whether pursuant to the Divorce Code or any other present or future statute or authority. Except as provided for in this Agreement, it shall be the sole responsibility of Wife and Husband to sustain herself or himself without seeking any support from the other party from the date of execution of this Agreement. In the event that either of the parties shall nevertheless seek such a modification, that party shall indemnify and hold the other party harmless from and against any loss resulting therefore, including counsel fees and costs. 14. Waiver or Mod!(kation 10 bl' 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 15 MUllIal ('/l(Ipcral/(lI/ Each party shall. at any time and from time to time Q hereafter, take any and all steps to execute, acknowledge and deliver to the other party any and all further instruments and/or (within at least fifteen days after demand therefore) documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 16. Law of PCllm)'lvallia A pplicable. 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. 17. lntegrotioll. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no other representations, terms, covenants, conditions, agreements or warranties, express or implied, oral or written of any nature whatsoever, other than those expressly set forth herein. 18. Severability. 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. Likewise, the failure of any party to meet her or his obligations under anyone 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 19. COlllroct IntelpretaJi(lI/ For purposes of interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared JOintly by their respective attorneys 20. Wail'l'/' of Uability Husband and Wife each knowingly and understandingly 10 waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife each does hereby warrant, covenant and agree that, in any possible event, he or she is and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. \.~(\AtA ,;" (WITNESS) a~~7 I ( (SEAL) Ik{l(//~ (SEAL) ^ 6- ~ (' j UAJi... \ ('v....-.- .~ (WITNESS) / \I COMMONWEALTH OF PENNSYLVANIA COUNTY OF C1.-t~tit1-..-<{ SS: ) On this l..l1!1 day ofQetiJl'<l.. ,1995, j" known to me (or satisfactorily proven) to be the person(s) whose ame(s) is/ar subscribed to the within instrument. and acknowledged that he/she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal ~/'-'~~ lllUL Notary Public ( My Commission Expires (Jd I~ /99-:;- COMMONWEALTH OF PENNSYLVANIA COUNTY OF 0.-JxJd~ ) NOlana! Seal Dawn E N.u:e Notary Public l.ower Allen Twp C't cnherland Count\' ~,1~' CommissIon E,i-' (t:'~ Ocl 16. 19'i:, ) On this ~ day of O~.{... ,1995, X. known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are bscribed to the within mstrument, and acknowledged that he/she executed the same for the purposes therem con tamed In witness whereof, I hereunto set my hand and official seal -Aal/'yt pa~J. Notary Public My CommiSSion Expires. Ot.!f I'., /97' s- NUldfl'l! Seal O.lwn F N,Kt' NOIJry PubliC lOW,",! A'It'1l Twp C(I'T~berldnd COtlnt~ (' '''n'~'''lJ'' tl.;f~"; net '(1 14"JO) 12 . DAVID LEE MANLEY, II, Plaintiff IN 'nIE COORT OF ~ PLEAS OF C\J>IBERLAND COONI'Y. PENNSYLVANIA NO. 95-4966 CIVIL 1995 vs. CRICKET JO MANLEY, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record. together with the following information. to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdCMTI under Section 3301 (c) ~*~*kk of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of t~e complaint: September 28, 1995 Certified mail, return receipt requested, restricted delivery 3. Complete either Paragraph A. or 8. A. Date of execution of the af:idavit of consent required by Section 3301 (::) of the Divorce Code: by the plaintiff January 4, 1996 by the defendant February 6, 1996 B. (1) Date of execution of the plainti:f's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's af:idavit upon the defendant: 4. Related claiJns pending: None. 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 / tvv( L { k..-l(' Atto~ey for Plaintiff/~ William C, Kallas, Esq. ". I.. Com,lola n..... 1 _ 2 'Ot __ UMco.. 1'.Com,lola _ 3. oncl40. b, . I'rln1 your NmI and ...... on the f1IWlfH of tNt tonn 10 ,hit .t tin _1l1Io_toyou. . AttIClh thAI form to IN front of tN fMIp6ece, or on the beck if 'PRe "110I_, I .... WdtI.'ftftm..... RIQUI,tecI" on the rndp&Ke bIIow the IrtidI number tI . ThoRounR_wlIlhowto_IIlo"-wn_ondlllo_ i-. 13, Cn;:~M~ Yfl(M\/ey q Arm d-fe }r;vt... t::rto/Q.. PA I,OJ.5 /7. . I ~-, I .Ieo wll~ 10 recllve \hi loIlowlng IIIViceI (lor 111 'Xl" j' IHI: 1. 0 Add,_'1 Adchu 2. 'o'RHlrlctld DillYIf\' I C~ lmlIlllf lor IN, J 41, ';'Q~i'~l b ~~r 4b. S.~ Type J o RIllIaI.rId 0 Inlurld ::if ClIllflld 0 COD f o ex_ Mln' Rllum RICIlPl lor 7, 01" 01 DIIIVSEP '2 8' : 8. A.dd. ..1_'1 Add"u (OnIV If _"ld I S;"IaPl~1 ~: ". It ~ ~., f ,E' " , &, CAcId'_1 II. Slgnatu.. CAgent) , I pS Form . . DICImber 188 t ..u.I.GPQI--.n4 DOMEsnc RETURN RECEIPT .I , DAVID LEE MANLEY, II, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 95-4988 CIVIL CRICKET 10 MANLEY, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Cricket Jo Manley 1519 North Front Street Apt. 3-F Harrisburg,PA 17102 Plaintiff, DAVID LEE MANLEY, intends to file with the Court the attached Praecipe to Transmit Record on or after February 12, 1996, requesting that final decree in divorce be entered. By: , ~ ititLf?#L William C. Kollas, Esquire I.D. # 06341 KOLLAS AND KENNEDY 1104 Fernwood Avenue, Suite 104 Camp Hill, PA 17011 ATTORNEY FOR PLAINTIFF DATED 4,41". , , " DAVID LEE MANLEY, II, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 95-4988 CIVIL CRICKET 10 MANLEY, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, DAWN E. NACE, an employee of Kollas and Kennedy, hereby certify that I have this I tf:lJ\.. day of February, 1996, served a true and correct copy of the foregoing NOTICE OF INTENTION TO REQUEST ENlRY OF DIVORCE DECREE by certified mail, retum receipt requested, postage prepaid. addressed to the following: Cricket 10 Manley 1519 North Front Street Apt. 3-F Harrisburg, PA 17102 LAW OFFICE OF KOLLAS AND KENNEDY BY: - ,~ !..-:~ !,~4,!j','tE<i:" I'Q.;~~t't . ::0:1'&- ; ;'if~,i','. )'/:' ,,!....~_. . ~ ~ ~e_9~; lflfl' ; ~.~ ,.... ...." ,...... ...... t,~,. l; -U;;\' ~ ".." DAVID LEE MANLEY, II, Plaintiff . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA v. . NO. 95- '-I '7 rr CIVIL".t.-,. CRICKET JO MANLEY, Defendant . CIVIL ACTION - LAW . IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, David Lee Manley, II, by and through his counsel, Kollas and Kennedy, and respectfully represents as follows in support of the within Complaint 1. Plaintiff is David Lee Manley, II, an adult individual currently residing at 9 Annette Drive, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Cricket Jo Manley, an adult individual currently residing at 9 Annette Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Cumberland County, Pennsylvania. Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 6, 1993, in Mechanicsburg, 5 There have been no prior actions of divorce or for annulment between the parties 6. Plamtiffhas been adVised that counseling IS available and that Plainuff may have the right to request that the court require the parties to partiCipate m counseling COUNT I _ DIVORCE PURSUANT TO 63301(c) OR (d} OF TIlE DIVORCE CODE 7. Paragraphs I through 6 of this Complaint are incorporated herein by reference as though set forth in full. 8. The marriage of the parties is irretrievably broken. COUNT 11_ REOUFST FOR EOUITABLE DISTRIBUTION PURSUANT TO 6 3502 OF TIlE DIVORCE CODE 9. Paragraphs I through 8 of this Complaint are incorporated herein by reference as though set forth in full. 10. The parties are owners of marital property subject to equitable distribution. II. Plaintiff requests this Honorable Court to equitably divide, distribute or assign marital property between the parties and to assign the marital debts of the parties without regard to marital misconduct in such proportions as the Court deems just after consideration of all relevant factors. COUNT III _ REOUFST FOR APPROVAL OF ANY SE1TLEMENT AGREEMENT AND INCORPORATION TIlEREOF IN DIVORCE DECREE 12. Paragraphs I through II of this Complaint are incorporated herein by reference as though set forth in full. 13 The public policy of the Commonwealth of Pennsylvania encourages parties to a mantal dispute to negotiate a settlement of their dIfferences 2 . . I ~ 1 ' . ~ , ~." . . WILLIAM C. KOLLAS, ESQUIRE Attorney I.D. #06341 P.O. Box 433 Camp Hill, PA 17001-0433 (717) 731-1600 Attorney for Plaintiff DA VID LEE MANLEY, II, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. : NO. 95-4988 CIVIL CRICKET JO MANLEY, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDA vrr OF CONSENT 1. A Complaint in Divorce under ~3301(c) or (d) of the Divorce Code was filed on September 20, 1995. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) 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 conceming 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. CS. ~4904 relating to unsworn falsification to authorities. DATE / /1 /~, I / , , r/ ,{J"" t (U w../I, ;;r- David Lee Manley, II ,:' ',,".> ,'.,' ,.~.'~ ",,'" .....'. , '(:'>c '0'9 ::.~~?:': 0- ,_..",:>,,~~_d --,....,