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HomeMy WebLinkAbout95-06648 ~ .~ j ~...-...~.~. . , , -' . :;,. . ~ ~ j ~I ~I . ....'.' .'.';410(. '410('.'--~'.: 410( .". . .... . ....JOOIC<__-'*-~::_-~ ~ IN THE COURT OF COMMON PLEAS ~ . . . OF CUMBERLAND COUNTY ~ I STATE OF '* PENNA. I . ~ 8:~".. ......~y...R"..t.J.~f;lC,.".."...,........,',........"......"... 1,\- ......: iN (), ..l!~:::!ig.~!!...... ..!:l.tYltt... 19 ~ ..............,..,.........,..'''p.~:~~~~g'''........................,.. II IN DIVORCE ~ ~. ..,..,~~I~..~~,..~~~~,..... .."......,........."."....,.. \il\ ! 0:' ..,.. ......,..,....,,",..,..J~!;~!ldant. .."..,,, ......... ~ $ ~ ~ ~ . DECREE IN · S · ~ DIVORCE : ~ fit. i:i ii AND NOW, ..... .. ... -:-tnlt".<!o... -?.o. ~...., 19....... it is ordered and 'l! ~ g & decreed that ... n~JC, ~,. ~;I~J;:),.. ,....... .... . .., .. .... .. ..... plaintiff, ~ ~ ~ ~ and. .. .qYX'I:liU\ .r:~ .r,INOS~ ... .. ...... ... . .. . . .. .. ............, defendant, ~ ~ are divorced from the bonds of matrimony, ~ ~ ~ ~ The court retains jurisdiction of the following claims which have ~ ~ been raised of record In this action for which a final order has not yet Q been entered; No Claims Raised ,~ $ ~ ~ ~ '.' . .~~ .~~r:~~~'!l! .~l!~ .~~'?~~~f .l?~m~I)~.~9;-~!I~. !l!l~~. ~!I!'1Jl!l~, .l~.,. .1~~.5., . .i.E! .1'!~r:~~Y .in ~'!~~.i?f.~~~~~~I)<::~~..................................... s ~ .' 8 ~ ,. ~ ..' ~ ~ ,. ~ '.' Dy The courtlct.. Ati~~~.i" t<~#.t;.~4j: ..~.K,~#,..()I. ........ I .:;prothonotary '" ~ v " ~ '.' ~ ~ ~ ~ II 8l_~~__ 7..:- .z. ->>:. ->>0:' .~:. . ~ '.' ____ ...............__________...........-.-.---,-.-.--..----.-----...--..~...-...-..-.--..-. ~ ~...._ '. I ~ >>~-~~~~---~-----~---- .. _..:+,..>__......,.c,""_~.. _ ~.,,",; " :~..,,/<;'0:tS""'__"t\'f;i~M="'-~;'+~~,.~~~,"&~~~~._~""~ -- ' r I i .3 "'/~ tJtd. 'o/'! ",;./,I-h -4 ~ 3~{.f6 'rl~~~$~. .;.-, . .. ," .. ... .. . SEPARATION AND PROPERTY SETTLEMENT AGREEMENT - THIS AGREEMENT, made this 13 day of ;:M.,..NA-N! , 199~, by and between TERRY R. LINDSEY, of Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband" and CYNTHIA E. LINDSEY of Carlisle, cumberla~,~~unty, Pennsylvania, party of the second part, hereafter referred to as "Wife". WITNESSETH: WHEREAS, husband and wife were married on December 17, 1988, in Brownsville, Pennsylvania; and WHEREAS, husband and wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, husband and wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the 1 . - resolution of their mutual differences, after both have had full and amble opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for husband and wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall deem fit free from any control, restrain, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either husband or wife of the lawfulness of the causes leading to them living separate and apart. 2 ~ ~ ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and to each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non- prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or for making any just or proper defense thereto. It is warranted, covenanted, and represented by husband and wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing husband and wife to execute this Agreement. Husband and wife each knowingly and understandingly hereby waive any and all possible claims of this Agreement is, for any reason, illegal, or for any reason whatsoever of public 3 4 ,J..,- . policy, unenforceable in whole or in part. Husband and wife do each hereby warrant, covenant and agree that, in any possible event he an she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement of for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, county, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 4 ^~,;'.~",.,."<'."""",_q,,,.,;Jl:-; . . 2.3 It is specifically agreed that a copy of this Agreement may be 'incorporated by reference into any divorce judgment or decree if or whenever sought by any of the parties hereto. Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to permit Agreement to survive any such agreements. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the parties; the contribution of one party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, 5 including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 The parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession. Except as provide for herein, Husband shall make no claim whatsoever for any personal property in wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession. Should it be necessary for either party to execute any documents to convey tile to any such personal property in the other party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing party. 6 3.4 Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. ARTicLE IV DEBTS OF THE PARTIES 4.1 Each party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the parties, that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. In the event either party contracted for or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have no outstanding debts or obligations of the Husband and Wife incurred prior to the signing of this Agreement. 7 ~ 4.2 Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in the possession of the other party. The Parties hereby agree that Husband shall have sole ownership of the 1987 Ford Tempo. The Parties hereby agree that Wife shall have sole ownership (including sole obligation for the payment of the current loan on said vehicle) of the 1988 Dodge Dakota Truck, as well as the Pop- Up Camper. Each party shall execute the necessary documents to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. ARTICLE V REAL ESTATE Contemporaneously with the execution of this Agreement, Wife shall transfer to Husband, by special warranty deed, any and all of Wife's right, title and interest in and to that parcel of real estate located at 78 Boyer Road, Carlisle, Cumberland County, Pennsylvania, heretofore owned by the parties as tenants by the entireties. Said transfer is subject to those liens, judgments or mortgages of record as of the date of conveyance, all of which shall thereafter become the sole and exclusive obligation of Husband. Wife hereby waives any rights that she may have to equity or proceeds from the sale of said home. Furthermore, Husband shall indemnify and hold Wife harmless for all 8 ~ obligations incurred with the purchase of said property, including but not limited to the repayment of the mortgage with Fleet Mortgage Company. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel or the parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge 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. 6.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property of the other or against the estate of the other, of whatever nature and wheresoever situate, which he 9 ~ or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) pennsylvania, (b) any state, commonwealth, or territory of the United states, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 10 . . 6.3 Each party represents that they have not, after November 19, 1994 (the date of separation) heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after November 19, 1994 (the date of separation) or execution date of this Agreement, except as is otherwise specifically provided herein. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 11 . 'i', ";'.!~''"':''.',.;-.{o.~J'''<:!'!If~AJi'.J<'~:~'rl''''','', . .,. . 6.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 6.6 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.7 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.8 If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 12 ," . . 6.9 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania. 6.10 The parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. 6.11 This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this Agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 13 . " . ,'~-.o;"''ilt>;".,.:~,,,.lI]'!1''''*'''$~.,""'''''''',,-,\, . .,t.. _.~..,:,_: :~"'>?1,_",_'M'~ 4,ffcH.''f''':,:I.....~~. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. WITNESSED BY: ~/1/fI ~~~ Commonwealth of Pennsylvania county of tt/H1&t"I1t-f'1'IJ) d~(? ~ ~~~'~~'l Terry R indsey (~ ._Q. f",~ cyrlthla E. Ii asey . . : SS . . On this, the 1~1"Jf day of :J~'f , 1996', before me, the undersigned officer, personally appeared TERRY R. LINDSEY, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the within instrument for the purpose herein contained and with the intent to be legal bound. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. .~ 1f/1 My commission Expires: Notarial.:.ull Mlchlel J. Hlnh. Notary Pubeo nc Carllale Sora. Cumblrlarid unty My Commlulon Expltal AprIl1:!. 199P Mantl8t.PIl.....~olNollltel 14 ,,,---,~,,,"""....> """"""'" Commonwealth of Pennsylvania county of C..v~<<& If/! <-A-.Nt> On this, the Is rH day of ;:r TtNIIM-y ,199 S, before me, the undersigned officer, personally appeared-cYNTHIA E. LINDSEY, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the within instrument for the purpose herein contained and with the intent to be legal bound. ss . . IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Not~ Jlllr My Commission Expires: NOlarlal Seal Michael J, Hanh. Nolary PubIIo Carlllla Bora. Cumberlarid Countv My Commllllon Elt)lIreIAprfI13.1898 MImber.I'Im)MniIA........., III NoclltII 15 ""~,'''''";''i....,.~~*~r~~'*f ,~,~~vtm!""::t:"joo;"""""""(""<""~>~' " ~ co "- - ~ <,\C ~;~ ,.; i!l 11.11.,) ,"):" [r: ~ 0:-.: '-, "'- 0)',3 9:, ..., ~,; tn fi(' - .''"1Z '- .'1 Ii I.' .~', i;) " r' :.---: :'~';J. 'L \.~ ~) (.) 00 u . *.. . , . '-_==;~'!'~o:e:r"t' ,;i.t"vrilT~-:<:";~~,,~_~...,t,,~!,,j~~~:~'?4:!'d;~\.;~.~r. v. : CIVIL ACTION - LAW IN DIVORCE NO. 95-6648 civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRY R. LINDSEY, Plaintiff CYNTHIA E. LINDSEY, Defendant PRABCIPB TO TRANSMIT RBCORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievabls breakdown under Section 3301(C) of the Divorce Code. 2. Date and manner of service of the Complaint: via hand delivery on November 22, 1995, Defendant signed an Acceptance of Service. 3. Date of execution of the affidavit of consent required by section 3301(C) of the Divorce Code: by the plaintiff--March 6, 1996 (filed March 7, 1996); by the Defendant--March 4, 1996 (filed March 5, 1996). 4. Related claims pending: No claims raised. 5. Date and manner of service of the notice of intention to file praecipe to transmit record: Waiver signed by Plaintiff on March 7, 1996 and filed March 8, 1996; Waiver signed by Defendant on March and filed March 13, 1996. '~;':l':Jjt~Wj~~~~~f~f:j~\'~:'~~~.~i-..:':5:;-' 6. Attached are copies of the Separation and Property Settlement Agreement entered into by the parties. said Agreement should be incorporated into the Divorce Decree. Respectfully submitted, HANFT & VOHS Date: March 13, 1995 Michael J. H Attorney ID 57976 11 West Pomfret Street, suite 2 Carlisle, PA 17013 (717) 249-5373 f;; co "- " - f- t~ ;,:, =;)d" ~~. . )..' .' - ~~.) -::" ~~: .'- u.. .C"'- C~? c' M ,:'(n !' '1"- 'l::;~ . .- ~ .,. [t;': p,: c;')m F :;:; :,'.-1C- .- IJ_ 0.0 S 0 en U ~ . , [ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRY R. LINDSEY, Plaintiff v. CIVIL ACTION - LAW IN DIVORCE NO. 95- t.t.'f{ CWJ -r~ CYNTHIA E. LINDSEY, Defendant NOTXCE TO DEFEND AND CLAIM RIGHTS YOU HAVB BBEN SUBD IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, cumberland County courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor, Cumberland county Courthouse Carlisle, PA 17013 (717) 240-6200 <7J.; "':...'''',c... :';;~;" , .' .,..; '$'" . . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRY R. LINDSEY, Plaintiff . . . CIVIL ACTION - LAW . v. . IN DIVORCE . . . 95- t,G 'If 6,"'-.1 .,.~ CYNTHIA E. LINDSEY, . NO. . Defendant . . COMPLAINT IN DIVORCE AND NOW, this 21st day of November, 1995 comes Plaintiff, Terry R. Lindsey, by and through his attorney, Michael J. Hanft, Esquire, and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Terry R. Lindsey, who currently resides at 78 Boyer Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Cynthia E. Lindsey, who currently resides at 667 South Fileys Road, Dillsburg, York County, Pennsylvania. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. " 4. The parties were married on December 17, 1988 in Brownsville, Pennsylvania. 5. The marriage iy irretrievably broken. The foregoing facts are averred and brought under sections 3301(C) or 3301(d) of the Divorce Code of 1980, as amended. 6. Alternatively, Plaintiff avers that the Defendant has offered such indignities to him, the injured and innocent spouse, as to render his condition intolerable and his life burdensome. The foregoing facts are averred and brought under section 3301(a) (6) of the Divorce Code of 1980, as amended. 7. The plaintiff has been advised of the availability of counseling, and that the plaintiff may have the right to request that the Court require the Parties to participate in counseling. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, HANFT & VOHS M chael J. H ft, squ re Attorney ID No. 57976 11 West Pomfret street, suite 2 Carlisle, PA 17013 (717) 249-5373 VERIFIC:lATION I VERIFY that the statements set forth in the attached . document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalities of 18 Pa. section 4904 relating to unsworn falsification to authorities. ~1 DO \<. :? '-~ ':n t'" ... "t ~ " , ~ ~ '" ~ p 5 ~ ., .' ~ ~ ., " "- ... .. I ~ o an D>> - ~>-, ~~ Wc,.::><q ~:o::Q.z: '--.oQ-.c &a..:..:.> ?:;:;>! Da::"(ft '1c..iE:r. =-hJIU~ 14.::z:'1l.... ,..;0:"- -'" "'u ~ ... ... N - ....., "'" ~ ".Ii"';$""'o:-'';''--'''''; ......_~~'<;'_,". -~_- ',' ""W-~,.~ .. ""<-""""--~-"~'--""~"-'~""-''"'-'' ""''''''',.",..,.,,,,. ",'..f~:.. '.'..C.'. _., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRY R. LINDSEY, Plaintiff . . . CIVIL ACTION - LAW . v. . IN DIVORCE . . . CYNTHIA E. LINDSEY, NO. 95-6648 civil Term Defendant . . CBRTIFICATB OF SBRVICB AND NOW, this 22nd day of November, 1995, I, Cynthia E. Lindsey, hereby certify that on November 22, 1995 I was served with a True and Correct copy of the Divorce Complaint filed in the above-referenced matter. The Divorce Complaint was handed to me by Michael J. Hanft, Esquire. ~ f~~~~ ~ m..'..............- '""'"...."..~ ...c" ",.~,,,,~,''''''''- ...."......".....,...-,~.>.."._...,.."..e".i"'"'';tr,':''. fr: N ... ,< In 'f::: ~ .. g~ ~t; ~ - ~., .'- ~ u.. ~"l;:j c: .....- L In ~7,:f) . a. I _.lZ rb:.' e<: ~5z Ie: .....l.Q F ::c ~c... ll, \f.) a c 0-' " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRY R. LINDSEY, plaintiff v. CYNTHIA E. LINDSEY, Defendant CIVIL ACTION - LAW IN DIVORCE NO. 95-6648 civil Term AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(C) of the Divorce Code was filed on November 21, 1995. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and more than ninety (90) days have elapsed from the date of the filing of the Complaint in Divorce. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I understand that the costs of these proceedings will be paid for by Plaintiff. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. section 4904 relating to unsworn falsification to authorities. Date: .3/ fo J'i' ( ),Q ~ cf,-__d__h' _ Terr~~LindSey ~ C"I '- N f.::: ~~ r N :;, ':l~ - ' ..,. Q - ~Eie r:": c.. :J~ 8 -~ I- .,." "- I SZ u:w. c,~ 'itE r.::: """ '-: a.. &0,'" .....::: -- 13 \0 :5 C~ u ~i;..,:.>,- \ ,",...,",..~.' f&Ir,'b'Jo....-~- .,:..>.;.-~ '- ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRY R. LINDSEY, . . plaintiff . . . CIVIL ACTION - LAW . v. . IN DIVORCE . . . CYNTHIA E. LINDSEY, . NO. 95-6648 civil Term . Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on November 21, 1995. 2. The marriage of the plaintiff and Defendant is irretrievably broken and more than ninety (90) days have elapsed from the date of the filing of the complaint in Divorce. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I understand that the costs of these proceedings will be paid for by Plaintiff. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. section 4904 relating to unsworn falsification to authorities. Date: 3-"1-" ~tif{;;.::r ~ ,- , '" ',~ fr N E t II') .. .r. ~ ;d:,,: ~: .J~... co z: '-,)~ -j.' u.. ~~ 1- '-- ~:..J (~i In ~~? in c: [,' I ;-:12; ~: . c'- o'JCo .. ,~,. f. - l:.~c.. ..... ~.:. I.t. ~ ::J 0 Ul U ~, .',f;'~,'*t\4~!l'~~-""" ", 'i"...."U'(';~..~""~~..........". ' >'_',_,,:.._~\ ~>r-- __,__~__- _ ..-_.._,.- _.\:_.T~l", ,~---- ,- - _.........~,i;;;;;,.;;-;-;:;~:61dt~~..'~ ..'" IN THB COURT OF COMMON PLBAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRYR. LINDSBY, . . plaintiff : CIVIL ACTION - LAW v. . IN DIVORCE . . . CYNTHIA B. LINDSBY, . NO. 95-6648 civil Term . Defendant . . tlAIVE:~:' N~I;E ~: i::ENTI~~ T~:<~UEST ~:::y ;:~ "g; '~HE DECREE UNDER ~o oj DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted. I.. 3. 1 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. 1 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. 54904 relating to unsworn falsification to authorities. Date: 3b/q~ 0~k. f,--~~ .... N ,- t--; .;.- '- ~~ ," .. ?;1~ 0 M W.', ~-::.o' 0' ~. ..;,~? FE- u.. :':l~ ~' " .,..,... , ro ' (f) I -,-.. .::::; u:~. ,..:: ""t\:] F ,,:; ;c1u. ~'-4 .. _0 :~ c c' U l.j\d . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRY R. LINDSEY, Plaintiff v. CIVIL ACTION - LAW IN DIVORCE NO. 95-6648 Civil Term CYNTHIA E. LINDSEY, Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(cl 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 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. 54904 relating to unsworn falsification to authorities. Date: 1 ~i" - "t (?rd ~-d' e~ rr. r- ,- "'" -: t---- .. n C'1 >:..'~ ~;:: .~ Jri' EEL' )h:t .~ '. ~-; .:-r u.. .!~ Yc @L ,.., ~.~ - I.... 0:;'" ',~ ..... C<' ~ n6J r....: ..::: ~~c.. .,,- L'_ ,'.. C \.!) :? en U