HomeMy WebLinkAbout02-4398PENNY L. WILLIAMS, :
Plaintiff :
:
DARRIN G. WILLIAMS, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
TO:
NOTICE TO DEFEND AND CLAIM RIGHTS
Darrin G. Williams
4 Strawberry Lane
Carlisle, PA 17013
YOU HAVE BEEN SUED 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.
When the ground for 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 at the Cumberland County Courthouse, One Courthouse Square, 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013-3387
PHONE: (717) 249-3166
Documenl#'241691. l
PENNY L. WILLIAMS,
DARRIN G. WILLIAMS,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. C,a
IN DIVORCE
COMPLAINT IN DIVORCE
1. The Plaintiff, Penny L. Williams, is an adult individual currently residing at 595-4
Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. The Defendant, Darrin G. Williams, is an adult individual currently residing at
4 Strawberry Lane, Carlisle, Cumberland County, Pennsylvania, 17013.
3. Plaintiff has been a bona fide resident of the Commonwealth for at least six
months immediately prior to the filing of this Complaint.
4. Plaintiff and Defendant were married on July 24, 1992, in Dauphin County,
Pennsylvania.
5. Neither Plaintiff nor Defendant is in the military or naval service of the United
States or its allies within the provision of the Soldiers' and Sailors' Civil Relief Act of the
Congress of 1940 and its amendments.
6. Plaintiff's Social Security number is 208-64-9437, and Defendant's Social Security
number is 193-52-6589.
7. There have been no prior actions of divorce or for annulment between the parties.
8. Plaintiff has been advised that counseling is available, and that Plaintiff may have
the right to request that the Court require the parties to participate in counseling.
9. There were no children born of this marriage.
Document 4:241691.1
10.
reference.
COUNT I - DIVORCE
The averments of paragraph 1 through 9 hereof are incorporated herein by
11.
12.
13.
Defendant.
The marriage is irretrievably broken.
The parties have been living separate and apart since November I, 2001.
Plaintiff requests the Court to enter a decree of divorce, divorcing Plaintiff and
14.
reference.
cOUNT II - EQUITABLE DISTRIBUTION
The averments of paragraphs 1 through 13 hereof are incorporated herein by
15. During the marriage the parties acquired marital property, assets, and debts which
Plaintiff requests the Court equitably distribute and assign.
WHEREFORE, Plaintiff requests that this Court enter a decree in divorce, enter an Order
equitably distributing marital property, and enter such other Orders as are appropriate and just.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By
Andrew C. Spears, Esquire
Attorney I.D. No. 87737
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
Document#:241691. l
yERIFICATION
I, Penny L. Williams, hereby certify that the facts set forth in the foregoing Complaint in
Divorce are true and correct to the best of my knowledge, information and belief, and that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom
falsification to authorities.
Date:
Penny L. W~ams
PENNY L. WILLIAMS,
DARRIN G. WILLIAMS,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 0~t-~3 ?$'
IN DIVORCE
AFFIDAVIT OF SERVICE
I, Andrew C. Spears, Esquire, counsel for Plaintiff, Penny L. Williams, in the above
captioned action, hereby certify that a true and correct copy of the Complaint in Divorce was
served upon Defendant, Darrin G. Williams, on September 20, 2002, by certified mail, return
receipt requested. Attached hereto, marked as Exhibit "A", and incorporated herein by reference
is a copy of the return receipt card for said service.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Dated:
By
Andrew C. Spears, Esquire
Attomey I.D. No. 87737
P.O. Box 5300
3211 North Front Street
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
Document #: 242875.1
· Cgmplete ~er~ 1, 2;. an~.3. Also complete'
itdm 4 if Restdcted'lgelivery Is desired.
· Print. Your name an~addreso on the reverse
so that we can retu'~n the card to you.
· Attach this card toi11~ back of the mailpiece,
or on the'f~ont if space permits.
1, A~icle Addressed to:
Darrin G. Williams
4 Strawberry Lane
Carlisle, PA 17013
D. Is delivery eddress different from item * Yes
If YES, enter delivery eddrees below: [] No
2. Article Numbe,~- P
(Transfer from service ~abel)
Ps Form 3811, August 2001'
7001
3. Service Type
I~ Certified Mall r-I Express Mail
r-I Registered [] Return Receipt for Merchandise
[] Insured Mail [] C.O.D.
4. Restricted Delivery? (~ F~e) [] Yes
Domestic Return Receipt
102595-01 -M-2509
Exhibit A ·
PENNY L. WILLIAMS,
Plaintiff
V.
DARRIN G. WILLIAMS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-4398
IN DIVORCE
AFFIDAVIT OF CONSENT
1. An Amended Complaint in Divorce under §§ 3301(c) and (d) of the Divorce Code
was filed on September 12, 2002 and served upon Defendant on September 20, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days
have elapsed from the date of filing and service 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.
I verify that the statements made in this Affidavit are tree and correct. I understand that any
false statements herein are made subject to the penalties of 18 Pa.C.S., § 4904, relating to unswom
falsification to authorities.
Dated:
Penny L~ ~-~rilliams
PENNY L. WILLIAMS,
Plaintiff
V.
DARRIN G. WILLIAMS,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. t53-
IN DIVOR ~E
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE UNDER q 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce vdthout notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI 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.
I verify that the statements made in this Affidavit are tree and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom
falsification to authorities.
Dated:
Penny L. Wflhams
PENNY L. WILLIAMS,
Plaintiff
V.
DARRIN G. WILLIAMS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.
IN DIVORC. E
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a fmal decree of divorce w~[thout notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI 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.
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 unswom
falsification to authorities.
MARITAL SETTLEMENT AGREEMENT.
THIS AGREEMENT, made thi~ .. day of'~tg-tAe~Y~ 2003, by and between Penny L.
Williams (hereinafter "Wife") of Cumberland Conn~y, Pennsylvania, and Darrin G. Williams
(hereinafter "Husband") of Cumberland County, Pennsylvania.
WITNESSETH:
WHEREAS, the parties are Husband and Wife, married on July 24, 1992, in Daupb_in
County, Pennsylvania;
WHEREAS, no children were bom of the marriage;
WHEREAS, unhappy differences and difficulties have arisen between the parties, in
consequence of which the parties intend to live separate and apart for the rest of their natural lives;
WHEREAS, the parties are Plaintiff and Defendant, respectfully, in a divorce action filed in
the Court of Common Pleas of Cumberland County, pennsylvania, to Docket No. 02-4398; and,
WHEREAS, the parties desire to settle fully and finally their respective financial and
property fights and obligations as between each other, including, but not limited to, the ownership
and equitable distribution of real and personal property; past, present and future support, alimony
and/or maintenance; and any and all claims which either party has, or may have, against the other or
the other's estate.
NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings
hereinafter set forth and for other good and valuable consideration, receipt of which the parties
acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as
follows:
Document #242224
1. SEPARATION
Each party shall have the right to live separate and apart from the other party, free from the
other party's interference, authority and control. Neither party shall interfere with the other or
attempt to interfere with the other, nor compel the parties' cohabitation.
2. HUSBAND'S AND WIFE'S DEBTS
Except as otherwise set forth in this Agreement, the parties represent and warrant to each
other that they have not incurred and will not contract or incur any debt or liability for which the
other or the other's estate might be responsible. Each party shall indemnify and save harmless the
other party from any and all claims or demands made against the other by reason of debts or
obligations incurred by that party.
3. WAIVER OF RIGHTS AND MUTUAL RELEASES
Except as provided in this Agreement, both parties absolutely and unconditionally release
and forever discharge each other and their heirs, executors, administrators, assigns, property, and
estate from any and all rights, claims, demands, or obligations arising out of or by virtue of the
marital relationship, whether such claims exist now or arise in the future. This release shall be
effective regardless of whether such claims arise out of former or future acts, contracts,
engagements, or liabilities of the parties or by way of dower, curtesy, widow'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
Pennsylvania, any state, commonwealth, or territory of the United States, or other country.
Except for any cause of action for divorce which either party may have or claim to have, and
except for the obligations of the parties contained in th/s Agreement, each party gives to the other an
Document #242224
-2-
absolute and unconditional release and discharge from all causes of action, claims, rights, or
demands whatsoever, in law or in equity, which either party ever had or now has against the other,
including, but not limited to, alimony, alimony pendente lite, spousal support, equitable distribution
of marital property, counsel fees, or expenses.
4. .REAL ESTATE
The parties own as tenants by the entireties improved real estate situated at 4 Strawben'y
Lane, Carlisle, Cumberland County, Pennsylvania (''marital residence"). Said property is
encumbered by a first mortgage to Waypoint Bank and a second mortgage to Wachovia Bank. In
consideration of the mutual promises of the parties, it is agreed as follows:
(a) Husband agrees to pay Wife the sum of Twenty Thousand ($13,000.00)
Dollars in exchange for her waiving all of her interest in the marital residence.
(b) Contemporaneous with the payment to Wife, Wife shall execute a deed
conveying to Husband all of her right, title, and interest in the marital residence, free and clear of all
encumbrances. The expenses for preparing and recording the deed shall be borne by Husband.
(c) Any capital gains tax as a result of the aforesaid transfer shall be the sole
responsibility of Husband.
(d) Husband shill assume sole responsibility for the payment of the mortgages
on the marital residence with Waypoint Bank and Wachovia Bank and cooperate with Wife to
ensure that Wife is released from the mortgages.
(e) Husband shall assume sole responsibility for the payment of all mortgages,
taxes, insurance, upkeep, and related expenses for the property from and after the date of transfer
and shall indemnify Wife for his failure to do to.
Document#242224
-3-
(f') Within one (1) year of the date of signing this Agreement, Husband agrees to
ref'mance the existing mortgage with Waypoint Bank and the existing mortgage with Wachovia
Bank with respect to the property in question in order to remove Wife's name from the mortgages.
Both parties agree to execute and submit all documents necessary to complete the refinancing and
release of Wife from the mortgages and obligations.
(g) Contemporaneous with refinancing and the removal of Wife's name from
the mortgages and note obligations for the property in question, Wife shall execute a deed
conveying to Husband all of her right, title, and interest in the marital residence, free and clear of all
encumbrances.
5. DIVISION OF PERSONAL PROPERTY
The parties have divided all items of personal property, except as otherwise specified herein,
to their mutual satisfaction. All personal property currently in Husband's possession shall be the
sole and separate property of Husband. All personal property currently in Wife's possession shall
be the sole and separate property of Wife.
6. MOTOR VEHICLES
Wife shall retain sole and exclusive ownership of the 1995 Ford Mustang in her possession.
Husband shall retain full and exclusive ownership of the 1994 Corvette, 1987 Chevrolet truck, and
1968 Chevelle, all in his possession. Husband and Wife agree to execute, within thirty (30) days of
the date of this Agreement, any and all forms, titles, and documents necessary to transfer the
aforesaid vehicles from joint ownership to individual ownership, as specified herein.
7. JOINT DEBTS
The parties acknowledge that they have no debts which were jointly incurred during their
marriage with the exception of the following:
Document #242224
-4-
Account
(a) First Mortgage - Waypoint Bank
(b) Second Mortgage - Wachovia Bank
Approximat~
Balance Due
$104,000.00
$ 39,600.00
Pursuant to paragraph 4 above, Husband shall assume sole responsibility for the payment of
both of these mortgages and cooperate with due diligence so that Wife can be released from the
mortgages.
Any debts or obligations incurred by either party in his/her individual name, other than those
specified herein, whether incurred before or after separation, are the sole responsibility of the party
in whose name the debt or obligation was incurred.
8. RETIREMENT BENEFITS
Each of the parties does specifically waive, release, renounce, and forever abandon all of
their right, title, interest or claim, whatever it may be, in any pension/retirement/profit sharing plan
of the other party, whether acquired through said party's employment or otherwise, and hereafter
the pension/retirement/profit sharing plan shall be identified above as being either Husband's or
Wife's and shall become the sole and separate property of the party in whose name or whose
employment said plan is carried.
9. DIVISION OF BANK ACCOUNTS
Husband and Wife acknowledge that all joint bank accounts have been closed or divided to
their mutual satisfaction prior to the execution of this Agreement.
10. AFTER-ACQUIRED PROPERTY
Each of the parties shall own and enjoy, independently of any claims or rights of the other,
all real property and all items of personal property, tangible or intangible, h~reafter acquired, with
Document #242224
-5-
full power to dispose of the same as fully and effectively as though he or she were married. Any
property so acquired shall be owned solely by that party and the other party shall have no claim to
that property.
11. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY
Husband and Wife waive and relinquish all rights, if any, to spousal support, alimony
pendente lite, and alimony. Any transfer of monies between the parties pursuant to any term of
this Agreement shall no~t constitute alimony, but is made as part of the parties' equitable
dislribution.
12. TAX MATTERS
The parties have negotiated this Agreement with the understanding and intention to divide
their marital property. The parties have determined that such division conforms to a right and just
standard with regard to the rights of each party. The division of existing marital property is not,
except as may be otherwise expressly provided herein, intended by the parties to constitute in any
way a sale or exchange of assets. It is understood that the property transfers described in this
Agreement fall within the provisions of section 1041 of the Internal Revenue Code, and as such will
not result in the recognition of any gain or loss upon the transfer by the transferor.
13. COUNSEL FEES AND EXPENSES
Except as otherwise specified herein, each party shall be responsible for payment of h/s/her
own counsel fees and expenses.
14. ADVICE OF COUNSEL
The parties acknowledge that each has received or has had the opportunity to receive
independent legal advice from counsel of their selection and that they have been informed fully as
Document #242224
-6-
to their legal rights and obligations, including ail rights available to them under the Pennsylvania
Divorce Code of 1980 as amended, and other applicable laws.
Each party confn'ms that he/she understands fully the terms, conditions, and provisions of
this Agreement and believes them to be fair, just, adequate, and reasonable under the existing
circumstances. The parties further confn'm that each is entering into this Agreement freely and
voluntarily and that the execution of this Agreement is not the result of any duress, undue influence,
collusion, or improper or illegai agreement.
15. AFFIDAVITS OF CONSENT
Each party agrees to execute an Affidavit of Consent for obtaining a no-fanlt divorce under
the provisions of the Divorce Code of 1980, as amended.
16. EFFECT OF DIVORCE DECREE ON AGREEMENT
Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce
Code, as amended.
As provided in Section 3105(c), provisions of this Agreement regarding equitable
distribution, alimony, alimony pendente lite, counsel fees, or expenses shail not be subject to
modification by the court.
17. DATE OF EXECUTION
,, - ,, ' "or date" of this Agreement is
The date of execution, "date of this agreement , "execution
the date upon which it is signed by the parties if they sign the Agreement on the same date.
Otherwise, the "date of execution", "date of this agreement", or "execution date" shall be the date
on which the last party signed this Agreement.
Document#242224
-7-
18. HEADINGS NOT PART OF AGREEMENT
The descriptive headings preceding the paragraphs are for convenience and shall not affect
the meaning, construction, or effect of this Agreement.
19. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS
Each separate obligation shall be deemed to be a separate and independent covenant and
agreement. 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.
20. AGREEMENT BINDING ON HEIRS
This Agreement shall be binding on and shall enure to the benefit of the parties and their
respective heirs, executors, administrators, successors, and assigns.
21. INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes any and
all prior agreements and negotiations between them. There are no representations, warranties,
covenants or promises other than those expressly set forth in this Agreement. 22. MODIFICATION OR WAIVER TO BE IN WRITiNG
No modification or waiver of any term of this Agreement shall be valid unless in writing
and signed by both parties.
23. NO WAIVER OF DEFAULT
The failure of either party to insist upon strict performance of any term of this Agreement
shall in no way affect the fight of such party hereafter to enforce the term.
Document#242224
-8-
24. VOLUNTARY EXECUTION
The parties acknowledge that this Agreement is fair and equitable, and that they have
reached this Agreement freely and voluntarily, without any duress, undue influence, collusion, or
improper or illegal agreements.
25. .APPLICABLE LAW
This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania
and more specifically under the Divorce Code of 1980, ~ amended. 26. ATTORNEYS' FEES FOR ENFORCEMENT.
If either party breaches any provision of this Agreement, the breaching party shall pay all
reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the
enforcing party is successful in establishing that a breach has occurred.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first
wri~enabove.
WITNESS:
Document #242224
-9-
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF '--'~,eoP~ :
SS
On this, the 25?day of .~F~,,ae-~ , 2003, before me, the undersigned officer, personally
appeared Penny L. Williams, known to me or satisfactorily proven to be the person whose name is
subscribed to in the foregoing Marital Settlement Agreement, and acknowledge that she executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
CAROL A. LYTER, Notary public /
City of Harri~ur¢ D~u~hin County /
~My Commission Exp' :
*******************************************************************************
COMMONWEALTH OF PENNSYLVANIA :
SS
On this, the~_D~P~day of ~ 2003, before me, the undersigned .officer,
personally appeared Dan'in G. Williams, known to me, or satisfactorily proven to be the person
whose name is subscribed to in the foregoing Marital Settlement Agreemem, and acknowledge that
he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission :Expires: //
Flora M, Vogt, Notary _Pu~3 ~
Carlisle Boto, Cumbed~md Cou~ _ ~
I My Cornml~Jon F_.xpire~ May 21, ~
Member, pen ns~vanle l~aocia~,fi ~ i',{,c~7~iee
Document #242224
3211 North Front Street
P.O. Box 5300
Harrisburg, Pennsylvania 17110-0300
Other Offices
Colonial Park '
Mechanicsburg
Mi]lersburg
Shippensburg
PENNY l. \VII.L.IAMS~
DARRIN G. WII.I.IAMS,
Plamtiff
Defendant
IN TtIE COURT OE COMMON PLEAS OF
CUMBERLAND COl JNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-4398
IN DIVORCE
AFFIDAVIT OF CONSENT
1. An Amended Complaint m Divorce under ~, 33 )l(c) and rd) of thc i)ivorcc
was filed on September 12, 2002 and sewed upon Defendant on September 20, 2002.
2. Thc marriage of Phdntiff and Dclbndaffi is irretficvably broken, and ninety (90) days
have elapsed from Ihe date of filing and service of the Complaint.
3. i consent lo the entry of a Final Dccrcc of Divorce after service of Notice
Intention 1o Request Etmy of the Decree.
I veril~ thai thc stalcmcnts made in this Affidavit are tmc and correct. I undcrsland thai any
lhlsc statemcnls herein are made Stl[!ject Io thc penalties of 18 Pa.C.S., ~ 4904, relating to unsworn
falsification lo aulhorilics.
Damn O. WP-ams
Dated: l, ~
PENNY L. WILLIAMS,
DARRIN G. WILLIAMS,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 0g, ota74.3 CIVIL TERM
IN DIVORCE
~RAECIPE TO TRANSMIT RECOR'~ J
TO THE PROTHONOTARY:
Kindly 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.
Date and manner of service of Complaint: An Amended Complaint in Divorce was
filed on September 12, 2002, and served on Defendant on September 20, 2002, via
certified mail, return receipt requested. An Affidavit of Service was flied on
September 30, 2002.
Complete either paragraph (a) or (b):
(a) Date of execution of Plaintiff's and Defendant's
requ/md by Section 3301(c) of the Divorce Code: Affidavits of Consent
Plaintiff: September 26, 2003; filed October 14, 2003
Defendant: December 6, 2003; filed December 12, 2003
(b)(1) Date of execution of Plaintiff's Affidavit required by Section 3301(d) of the
Divorce Code: NA
(2)
Date of filing and service of the PlaintifFs Affidavit upon the respondent:
Filing: NA
Service: NA
28982/
Complete the appropriate paragraphs:
(a) Related claims pending: None
CO) Claims withdrawn:
(c)
(d)
(a)
Co)
None
Claims settled by agreement of the parties: All
State whether any written agreement is to be incorporated into the Divome
Decree: Yes. Marital Settlement Agreement attached to Divorce Decree.
Date and manner of service of the Notice of Intention to File Praecipe to
Transmit Record, a copy of which is attached, if the Decree is to be entered
under Section 3301(d)(1)(i) of the Divorce Code:
Service: NA
Date Plaintiff's Waiver of Notice in §3301(c) Divome was filed with the
Prothonotary: October 14, 2003
Date efendant s Wmver of Not~ce in §3301(c) Divorce was filed with the
Prothonotary: November 6, 2003
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Dated:
By___ (...3~ ~
Andrew C."~c-~o~ s, Esquire
Attorney I.D. No. 87737
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
289821
INTHE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~~ PENNA.
NO. 02-4398
VERSUS
DARRIN G. WILLIAMS
DECREE IN
DIVORCE
AND NOW,~~i~i~4~~ ,~1~1~
-- _, ~T IS ORDERED AND
DECREED THAT -- PENNY L. WILLIAMS
AND DARRIN G. WILLIAMS
ARE DIVORCED FROM THE BONDS OF MATRIMONy.
, PLAINTIFF,
, DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS ~VHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
A Marital Settlement Agreement between the P:~rties dated
November 25, 2003 is incorporated but not merAed herein.
b ~ ..m. I