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Home My WebLink About95-06709 ,,'J .i/'" .". 0" ,..,_ ,'} " ,/ Ir.,) '" 11,1 ,; 'I! ,'1.- ~ " . "', "!- ;>[ i1"j.~' ~f\'''-"!.:~ \~;;:r:;:;\ " ' I~ ~,~ ~:~'~.. ~;~\~: -, r" ~.' ~i~"':"';- '7'-.0'::."., '_ W;, I '~"-'.-. . I t.n cr . ~ ~~~----------------_._------~-~ iii' -> ~____~_'__~M~____~__-'__ --..---,--------.--...-------~- . . ~ ~ 8 lil ~ , IN THE COURT OF COMMON PLEAS . iii ~ .' . 8 OF CUMBERLAND COUNTY ~ . ~ " ~ . iii ..~ iii : STATE OF '~~ PENNA. ~ . ~ iii tiI ~ PATRICIAA. McLAIN 95-6709 CIVIL TERM : : N (),..,......,..." .......,.....' II) ~ ~l . '. Plaintiff * 8 \"'I'"IIS ~ 8 ,..,TIMOTHy J. ,McLAIN 8 8' 8 Defendant " 8 iii ,j 8 8 8 , ~ , ~ ~ . I!i . . ~ 8 8 . ~ . 8 . , ~-..........:ac. -it. DECREE IN DIVORCE AND NOW, .,'~~.,~... 19Q,1.. It is ordered and decreed that ",.".', !?,a,~1?~!=.i,1! .l!-." ,l-!c;:~~Al),. . . , , ,. , . " . . , , . " plaintiff, and..",."..,.,...., ,Timo,thy, J.., ,Me!.CI!o..,..""....".." 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 been entered; fVo~ The attached agreement between the parties dated January 31st, .. ...... ,... ........ ....... ,...........,.. .......... ,....... ,.. ........ .,.. 1997, is incorporated but not merged into this divorce decree. .'...,.,., ......'..'..'..'..""""""""'.".'."''/'.''..'",."", , / / , " / en r: /, ~ /;1<~'7~.:y J, 4-Z {/ I "Prnthonota..y ~-_..~, '."-'--"-'---- ~ . --_. ..' -., ,~ ~~~~~~~~-**~*.~~~***~.**~.~. , 8 8 I!i 8 8 ~ 8 ~ ~ ~ '" ~ ~ :;: ," ~ ~ '.' ~ ~ ~ ," * s ~ * , i..\'j: " "-,-;::,, ' ,', '" ',' ,; .-, '- .'.. ",Y,... ,',.-: .,\i; ~"\"'-H":':' U::"'." " ,-,,',~ -( !;:',]i~~,W~:-':'; ;::~:' ". ,d. ,"', - ---.( _,',-,' ", ' . -': :,;,,:':. ,., ':;";",;'i. 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':''i'''' '-':, ;,", :,;(::;;;:::::;,,:,;, .',,;-,- ,.' ;'i; " '"-,,,'.; ;.'!L~ ,\"'.,, -,',' ;;,:~ " ;i,f \. ;';',,~, ::',,:: , ..i:~;?' !'; ,:-;",; , i:'i, ;", ',';:, "~I::: ~'~ -- " ' ,-,,:- - :;';'-; "" ':',', .-:;'",. :,:'.: ,<. .,:, ;\(,.;' " i\j;.:~':,;-T::'" . : <!;':: . ':,' , '::~<,:,', ,', -,'_ ::';'.::"-,i< -:::.:.. ",--' ,,',:~"(,:};-:;>: "", , ",':~' I _ ':.' ' .'" '_' ,_;": ..;, - ' , ';::,;,,; '. .:':)\ ,.:,,:t,~); .:.t> , :," ;"';\:' ~: d-,:., ': , , '-'-;":';';;-" ','; " .:'-:,:;}~Y ~'Jl ,; .," ;";:: --.-" .,;\: .. ',' ':"'::" ',,: .:) , .,' ,.;',,'-C":: . , " '. ': ":"., ' ' ': , ..,_..., ';:-;:,;;",': " " , ....'- ,. I, ,I ., , -, ' . .. , !bo",,(J !S. 0..,." COUN.~."'.L"W ... .., .".... _.....1.... _ IYl7I 7..,.... , ,. --: - I ~ ~ .1 " "C"", PROPERTY AND MARRIAGE SETTLEMENT AGREEMENT ~.- . ( THIS AGREEMENT, MADE THIS THE l!..'-DAY OF '"(f' w , 1991if- BY AND BETWEEN: PATRICIA A. McLAIN of Mechanlcsburg, Cumberland County, Pennsylvania, hereinafter called the "WIFE", AND TIMOTHY J. McLAIN, of Carlisle, Cumberland County, Pennsylvania, hereinafter called the "HUSBAND" WIT N E SSE T H: WHEREAS, HUSBAND and WIFE, were lawfully married on the 17th day of March 1979 In Mechanlcsburg, Pennsylvania; and WHEREAS, HUSBAND and WIFE, have one minor or dependent child, JENNIFER M. McLAIN (dob 10/18/82), and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between HUSBAND and WIFE in consequence of which they are living separate and apart from each other; and the parties hereto are desirous of settling fully and finally the respective financial and property rights and obligations as between each other; Including, without limitation all matters between them relating to the owner- ship and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support , alimony a maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and all claims and possible claims by one against the other or against their respective estateb, WHEREAS. HUSBAND and WIFE have made full disclosure of their assets to each other; and NOW, THEREFORE, in consideration of the promises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, or 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: FIRST- SEPARATION. HUSBAND AND WIFE shall at all times hereafter have the right to live separate and apart from the other party at such place or places as he or she may from time-to-tlme choose or deem fit, free from control restraint, or Interference whatsoever by the other party. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other prOCeedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. SECOND. INTERFERENCE - Each party shall be free from Interference, authority and contact by the ather, as fully as if he or she were single or unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way Interfere with peacefUl existence, separate and apart from the other. THIRD. WIFE'S DEBTS - WIFE represents and warrants to HUSBAND that since the separation she has not, and In the future she will not, contract or Incur any debt or liability for which HUSBAND OR HIS ESTATE MIGHT BE RESPONSIBLE. WIFE AGREES TO INDEMNIFY AND HOLD HARMLESS HUSBAND from any and all claims or demands made against him by reason of debts and obligations Incurred by the WIFE prior to the date of the delivery of this Agreement. All further debts Incurred by the WIFE, from and after the date of the execution of this Agreement, shall be the WIFE's Individual responsibility. FOURTH . HUSBAND'S DEBTS - HUSBAND represents and warrants to WIFE that since the separation he has not, and In the future he will not, contract or Incur any debt or liability for which WIFE OR HER ESTATE MIGHT BE RESPONSIBLE. HUSBAND AGREES TO INDEMNIFY AND HOLD HARMLESS WIFE from any and all claims or demands made against her by reason of debts and obligations Incurred by the HUSBAND prior to the date of the delivery of this Agreement. All further debts Incurred by the HUSBAND, from and after the date of the execution of this Agreement, shall be the HUSBAND's individual responsibility. FIFTH. SUBSEQUENT DIVORCE - The parties hereby acknowledge that the WIFE has filed a Complaint in Divorce In Cumberland County (Docket '95-6709 Civil Term 1995) claiming that the marriage Is irretrievably broken under the No-Fault Mutual Consent Provision of 3301 (c) of the Pennsylvania Divorce Code of 1980 and subsequent changes. Both parties agree that the marriage is irretrievably broken and express their Intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absoluto divorce pursuant to Section 3301 (c) of the Divorce Code. The parties hereby waive all rights to request the court to order counseling under the Divorce Code. It Is further and specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. SIXTH. DIVISION OF PERSONAL PROPERTY. The parties hereto agree that they have divided between them, to their mutual satisfaction, the personal effects and household furniture and furnishings, and all other articles of personal property, which have heretofore been used by them In common, Neither party shall , make any claim to any such items which are now In the possession of the other, except as provided In the attached list. HUSBAND agrees to sign over his Interest in the 1988 Subaru Wagon automobile jointly owned and jointly financed by Ihe parties at the same time this Agreement is signed. HUSBAND already has the title to the White Ford van and Green Chrysler In his name. SEVENTH: CHILD SUPPORT: A:. WIFE acknowledges HUSBAND is currently paying child support through (Cumberland County Domestic Relations) since November 1995, B, Wife has primary physical custody of JENNIFER M, McLAIN, and HUSBAND has liberal visitation rights, HUSBAND has acquired through his own interests in either pensions, annuities, and/or retirement benefits Including but not limited to, IRA's, 401 (k)'s and mutual funds, through her present or past employers shall remain his sole and exclusive property. WIFE agrees to waive any interests she may have In such property and further agrees that she will not assert any such claim In the future, ELEVENTH: MEDICAL INSURANCE/COVERAGE. Each party shall be responsible for hlsll1er own health insurance protection currently provided by their respective employers, and WIFE will be responsible for coverage for their child. TWELFTH: INCORPORATION IN DIVORCE DECREE - It Is further agreed, covenanted and stipulated that this Agreement shall be incorporated In any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be Instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged In any such decree but shall In all respects survive the same and be forever binding and enforceable upon the parties, THIRTEENTH: ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES. AND EXPENSES. Both parties accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other, if any, for alimony, alimony pendente lite, counsel fees, or expenses, or for spousal support before, during and after the commencement of any proceedings for the divorce between the parties, FOURTEENTH: MUTUAL RELEASE - HUSBAND OR WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of the other, for alltlme to come, and for all purposes whatsoever, of and from any and all rights, title and Interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, 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, FIFTEENTH: BREACH- If either party breaches any provision of this Agreement, the other party shall have the right at his or her election, to sue for damages, or seek such other remedies or relief as may be available to him or her, The party breaching this contract shall be responsible for payment of legal fee& and costs, including attorney's fees, Incurred by the other In enforcing hlslher rights under this Agreement. SIXTEENTH: ADVICE OF COUNSEL - The provisions of this Agreement and its legal effect has been fully explained to the WIFE by her attorney, DONALD B, OWEN, Esq" and to HUSBAND, who has chosen not to be represented by his own counsel. HUSBAND and WIFE acknowledge that 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 accounting of their respective assets, estate, liabilities, and sources of Income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party hereto agrees that he or she will not at any time raise as a defense or otherwise the lack of disclosure In any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld, SEVENTEENTH: FINANCIAL DISCLOSURE. The parties hereto confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an Inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted In their pending divorce action and that neither party has filed an Inventory and appraisement. EIGHTEENTH: WARRANTY AS TO EXISTING OBLlGATION5- Each party represents that they have not heretotore 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 far and against any and all such debts, liabilities, or obligations of every kind which may have heretofore been Incurred by Ihem, including those for necessities, except for the obligations arising out of this Agreement. NINETEENTH: WARRANTY AS TO FUTURE OBLIGATION$- HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth In this Agreement, neither of them shall hereafter 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. TWENTIETH: MODIFICATION AND WAIVER. The modification and waiver of any of the provisions of this Agreement shall be effective only if made In writing and e)/9Cuted with the same formality as the Agreement. The failure of either party to Insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. TWENTY.FIRST: DESCRIPTIVE HEADINGS - The descriptive headings used herein are for convenience only, They shall have no effect whatsoever In determining the rights or obligations of the parties hereto. TWENTY.SECOND: INDEPENDENT SEPARATE COVENANT- It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and Independent covenant and agreement. DVENTY.THIRD: VOID CLAUSE- 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. TWENTY. FOURTH: ENTRY AS PART OF THE DECREE- It Is the Intention of the parties hereto that the within Agreement shall survive the action for divorce, and that no order, judgment or decree, temporary, interlocutory, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be made part of any such judgment or decree of final divorce, but shall not be merged therein. TWENTY.FIFTH: VOLUNTARY EXECUTION- , The parties hereby acknowledge that both have carefully read the terms of this Agreement, and both acknowledge that they fully understand the terms and agree to be bound by all of its provisions, FURTHERMORE, Both parties hereto declare that they do understand the full legal effect of this Agreement, especially with regard to the fairness and equitable nature of the distribution 01 marital property between them; and the waivers, especially those benefits enumerated In Paragraphs SIXTH through ELEVENTH. Both parties acknowledge that their execution of this Agreement has been done voluntarily and knowingly and their execution Is not the result of any duress or undue Influence. ~ l'I 8 a ;1:. 1 .. :,>~ .:I ~ 'd~ t "'" ,~~ '\ C1\ 'to - '~'."\~ \ ' o' .... \.I~\ 6 ,,1~ F=- ..... L>- 5 '6 'Q, u '. ,. PATRICIA L McLAIN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95- CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE vs TIMOTHY J. McLAIN, Defendant COMPLAINT IN DIVORCE UNDER SECTION 3301 (c) of the DIVORCE CODE 1. THE PLAINTIFF, PATRICIA A. McLAIN, WHOSE ADDRESS IS 147 E, Main Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055, since on or about 1 September 1995. 2. THE DEFENDANT, TIMOTHY J. McLAIN, WHOSE ADDRESS IS 825 Mt. Zion Road, Dillsburg, Pennsylvania, since on or about 1 October 1995, 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for more than six (6) months immediately previous to the filing of this Complaint. 4, The Plaintiff an Defendant were married on March 17, 1979, In Mechanlcsburg, Cumberland County, Pennsylvania, 5, There have been no prior actions of divorce or annulment In this or any other jurisdiction between the parties. 6, Neither the Plaintiff or the Defendent Is In the Military Service, 7, The marriage is irretrievably broken, 8, The Plaintiff respectfully requests the Court to enter a decree in divorce, I verify that the atatementl made In thll Complaint are true and correct. I underltand that falle Itatementl herein are lublect to the penaltlel of 18 Pa., C,S., 14904, relating to unlworn falllflcatlon to luthorltlel. DATE: tl-a....-q5 <;j)aL't-lcL~ Ct')I1eJD..L''-n ~c:~cBci~alntill) _ DONALD B. OWEN, Esquire Attorney for the Plaintiff PATRICIA A. McLAIN Plaintiff IN THE COURT OF COMMON PLEAS Cumberland County, Pennsylvania VS TIMOTHY J. McLAIN, Defendant NO, 95-6709 1995 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE I, the undersigned, being an adult Individual, hareby swear and affirm that I personally mailed a copy of the attached Certified Complaint In Divorce and Plaintiff's Affidavit, as required under Section 3301(c) of the Divorce Code, to the Defendant, Timothy J. Mclain , on the 27th day of November, 1995, VIA certified mall/return receipt requested, Item. Z 402 127 816, and the same was signed for by the Defendant on the 6th day of December 1995, as per the attached receipts. c.--8~~f-lB.~--- DONALD B. OWEN, ESQ. DA TE :__~J3~t1:::.___- .. _~~~'!.I'__-'t'_._.._..J.. _._o-~_......._.-_. -~;:~;, .,::--:-::::=- ~ II' ................_.._..___...lho_ COIlIUII _'If 10' I.., , 4a, Ar\lc:1e NumbIf ' I _ /1....11I '10' La! Z 402 127 816 ,~J.,Mc n 5 Nt ,Zion Rd. 4b, S.....1ca Type 0 od , '. ' "17019 0 llool'tIfod 1"1UI1 U.blU'lh fA ICcClIlllllod 0 coo 1 CJ EIlpIHI Mill xii llllum R...lpllo, 7, oto' allIV..., . ~ 8. Addlll-'. Add,.., "Iy Ilroqu..l,d 1 ' ond I.. I. peldl ~ ! ! "I: Z 402 127 616 ~ Receipt for' \ Certified Mall No ImmranclJ Co...orogu Provided ~ Do not use fOf International Mall (Suu Reverse) ,I.ll'" "'I'I,i'iOtny-,r.-HCtiUii- M s: ~ """'():?~" ~It, Zion Rd. ~ "tlil'1'iJ'G\Ih\;'" PA 17019 Cl ~ 1'",T.l'l" $ Ii )" CO) ! ~~:,(~l;":'I'l~"::':rl' r~e I I 0 Ie 11!,\I"~h"1 U""'V'~ l'H- .)71 I /0 Ilrl..!to 11"""1'1 ~h\)"'''<J l"W,'"",!\Il,llt.(),."".".,t \ , I ..... ..... '-'" "vo ( , .....- f ( ~ N ..... 0 C: r -'- .. :"_1.~ .:J ,)-- . ~... c:~ :c I~):i' -; ~" 0- r)~ C.,I C'\ ':;'0) g. _':I:~ ''''7 0:\1.1 ffi \'11,JJ .:'.l0- ~ ..... ~ \5 r- ::l a> U ': .- PATRICIA A. McLAIN, Plaintiff :IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95.8709 Civil Term : CIVIL ACTION. LAW, : IN DIVORCE vs TIMOTHY J. McLAIN, Defendant AFFIDAVIT OF CONSENT UNDER SECTION 3301 Cc} OF THE DIVORCE CODE 1, A COMPLAINT IN DIVORCE under Section 3301 (c) of the Divorce Code duly endorsed with the Notice to Defend and Claim Rights and Notice of Availability of Counseling and Plaintiff's Affidavit was filed on the 27 th day of November 1995, and a Certified copy of thereof was mailed to the Defendant via certified mall, return receipt requested, 27 November 1995 and received by the Defendant on 6th day of December 1995. A Plaintiff's Affidavit dated the 24th day November 1995 was mailed along with the Certified Divorce Complaint, along with Affidavit of Counseling. 2, I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 3, I understand that the Court maintains a list of marriage counselors, 4, Being so advised, I do not request that the Court require that my spouse and I participate In Marriage Counseling prior to the Divorce Decree being handed down by the Court, 5. The marriage between my spouse and lis irretrievably broken and we have been separated since on or about 1 September 1995, 6. I consent to the entry of a final decree in divorce. 7, I understand that If a claim for alimony, alimony pendente lite, marital property, or counsel fees or expenses has not been flied with the Court before the entry of a final decree in divorce, the right to claim any of them will be lost. I verily thlt the Itltementl mlde In thll Affldlvlt 01 Con lint Ire true Ind correct. I underltlnd thlt lllee Itltementl herein Ire mlde lubJect to the penlltlel 01 18 PI., C.S., 14904, relltlng to unlworn 1IIIIIIcltlon to luthorltle.. DATE:_1-3/,Q1 Oo...Utl.C.-ltl Uj ,'T1~Ja.L11 --------------------------- PATRICIA A. McLAIN (~) Plth.A1tr " 1 ~ " 'Hi 'I .., ,~ ~ 0 i::: w!,? ..:;. ,;i~ IEr - :.):;i.: "I' a:: ~~e '1" ~(: a. :,,'if) " I';" " " J :"~. EtiE e:... ;jjiu ll~ ;,'}o.. 4- ....: Ii. r- :.:J 0 Q'\ (.) '... , , , n, !: ii' : i \,' t ~ ,', , j'; ~! . " '" 11-' '" . '.' \"" '.',-,' "I al't "\ ;, In' " '~ : e' T .> ~ 'I ! f ",.,- " ," ,~" '\ .', " ,! ; ~;. \\" ',1 ,'" '~ to. ; . "~ I ., . '" :-1 " " /'- . i'- ! ~ ';. ;:! ~ u" _ , , , ~, q.'<'ql: "~'I;. I" ;,\1 " " "'1 , '-, >._1 ,.,- . . PATRICIA A. McLAIN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA : No. 95-6709 vs : IN DIVORCE TIMOTHY J. McLAIN, Defendant WAIVER OF NOTICE OF INTENTION 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 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: ,- 31.Q7 Jo]h.{ U'a. LA.)11 ~-k(,n PATRICIA A. McLAIN, Plaintiff ~ ;- t:-- C) ~ .'. '.., -').d- - r .:.r IJ~ ~~ :::r: ()~~ a.. ...,.' ":l~ '.~ "- <-' en ,'il) ll. ,);;: u. 'r".' -:JI" c;::UI co ,';li"L] if l.Ll 'illl. ~ ::-.: ~ 'r-' a aI 'J!'. "i. , , 'iJ ~ I ~ ' ,,',I v.; , ,'j" . ~ ) ;. I';" 1.;1: ;,' "" , , " " I.; , ~ t ' i i; ; j ~ '. i, ',.. " :.. , ,li ,> Jr.._' "-. " .. ! ~ -.', : I [~'I:' .'i ';- ;: j td-' "." ~ iI, " " vs TIMOTHY J. McLAIN, Defendant :IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 95-8709 Civil Term : CIVIL ACTION - LAW, : IN DIVORCE PATRICIA A. McLAIN, Plaintiff AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1, A COMPLAINT IN DIVORCE under Section 3301 (c) of the Divorce Code duly endorsed with the Notice to Defend and Claim Rights and Notice of Availability of Counseling and Plaintiff's Affidavit was flied on the 27 th day of November 1995, and a Certified copy of thereof was mailed to the Defendant via certified mail, return receipt requested, 27 November 1995 and received by the Defendant on 6th day of December 1995. A Plaintiff's Affidavit dated the 24th day November 1995 was mailed along with the Certified Divorce Complaint, along with Affidavit of Counseling, 2. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate In counseling, 3. I understand that the Court maintains a list of marriage counselors. 4, Being so advised. I do not request that the Court require that my spouse and I participate In Marriage Counseling prior to the Divorce Decree being handed down by the Court. 5. The marriage between my spouse and I is Irretrievably broken and we have been separated since on or about 1 September 1995, 6. I consent to the entry of a final decree in divorce, 7, I understand that if a claim for alimony, alimony pendente lite, marital property, or counsel fees or expenses has not been filed with the Court before the entry of a final decree In divorce, the right to claim any of them will be lost. I verify thlt the Itltementl mlde In thle Affldlvlt of Con..nt Ire true Ind correct. I underltend thlt fll.. .tltement. herein Ire mlde .ubJect to the penlltle. of 18 Pl., C.S" .4904, relltlng to un.worn fll.IflCltlon to luthorltle.. DATE :__J..:3...!.:.1..2---- __mdIUl-lllJff!JJ;/!L_-- TIMOTHY f &CLAIN (Defendent) " F' ~n:;' 'i" " ,',I;"~ ':/',; ti.,',\,',; 1 :I',ii/'.t , , I 1,1 , . it:, , i , t , , 1 I . li,j' I:!ll -Ii.; "1' , ~. ! . t.: ,\ t'.lt r ':- i l'l .. , J ...It.., .. i ';;~t , ~ '. ; ~ It ,; t 1 ! .. I ;;;',1_ \'1 l.~, " :,l' ." " . t,', ~, '.4 , , : " lll':(' / ; I-'~' .~) ..f! ; ~ ); !,,~ " , ! , ! : , ~ \.. , 'I:. '. <I, . , I " . , .' , I :,0 , , , , ! ,T' i , \ ( " 'J " . " '''1: ,.; II' I:J! '. 1 t.' ~ ,! " ! ;' . " , ':'1, .,;1_;':' c\ \; ~ ,~ I ""l " "; " .. '., : I . ~ \, q'- '. .. " ;1, <:''1;0 I;' f ". ;; ,It; I~~ -' " ",!ill",t, ,I; ('. ;i" -,;' '.0 " .!j. I, ~ j, ,,' ,~ 1', , ' I" \' , I Y ~ t l i,~ i, " ; 'L'(,II-' ..I'! iLt, '}! ,,"\'1'"' ~; i 'Ii 'j;J..,. t.' ',i- ''1; ',". " " .",r ,; ,Ill ',' ., , .' ',;' .' ,'!, 'I