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OF CUMBERLAND
STATE OF *~
,........."':'J....f
COUNTY
PENNA.
FERN L. CHENOWETH,
Plaintiff
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WILLIAM R. CHENOWETH,
Defendant
DECREE IN
DIVORCE
ANDNOW.,..\,~.".l'\,.,'" 19,Yh,. it is ordered and
decreed that "fll,I:l), ~,., ,C;benQwel:h , . ' , , . . , , , , . . , , , , " , , , , "'. plaintiff.
and ' ,WUUam,R. . Ch~noweth. . , , , . , . , , , , , , . . , , , , . , , , , . , , , , " defendant.
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 0 final order has not yet
been entered; Vo ~
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. All, matters. have. been, ,r.eso,lved, pUli'suant, to ,the ,Property' 'Sett,1ement ,~
.Agr.eement ,reached .by, the, par.ties ,dated, Ju.1y, a." ,19!l&/and' ,:I:nco-rporate\l"
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PROPERTY SETTLEMENT AGREEMENT
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THIS AGREEKENT, made this ,l/It day of ',."'L~"t- 1996,
by and between WILLIAM RONALD CHENOWETH (herer~aft~r referred to as
"HUSBAND"), and FERN LOUISE CHENOWETH (hereinafter referred to as
"WIFE") .
WITNESSETH, That:
WHEREAS, the parties hereto are husband and wife, having been
lawfully joined in marriage on August 8, 1994, in Cumberland
WHEREAS, no children were born of this marriage.
County, Pennsylvania.
WHEREAS, it is the intention of the parties to settle fully
and finally their respective financial and property rights and
obligations as between each other arising out of the marriage
relationship or otherwise, including without limitation (1) the
settling of all matters between them relating to the ownership of
real and personal property; (2) the settling of all matters between
them relating to the past, present and future support and/or
maintenance of HUSBAND and WIFE; and (3) the settling of all
matters between them relating to any and all rights, titles and
interests, claims and possible claims in or against the estate of
the other.
NOW, THEREFORE, with the foregoing recitals being hereinafter
incorporated by reference and deemed an essential part hereof in
consideration of the foregoing recitals, the mutual promises,
covenants and undertakings herein set forth, and for good and
valuable consideration, 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:
1. ADVICE OF COUNSEL
HUSBAND and WIFE declare that they have each had a full and
fair opportunity to obtain independent legal advice of counsel of
their selection. WIFE has been independently represented by
Barbara Sumple-Sullivan, Esquire. HUSBAND is cognizant of his
right to legal representation and declares that he has been
independently represented by John Connelly, Esquire. Both parties
declare that they are executing this agreement freely and
voluntarily, having obtained such knowledge and disclosure of their
legal rights and obligations and that they acknowledge that this
agreement is fair and equitable and is not the result of any fraud,
coercion, duress, undue influence or collusion.
2
2. PERSONAL RI~
HUSBAND and WIFE may and shall, at all times hereafter, live
separate and apart. Each shall be free from all control,
restraint, interference or authority, direct or indirect, by the
other in all respects as is she or he were unmarried, except as may
be necessary to carry out the provisions of this Agreement. Each
may reside at such place or places as she or he may select. Each
may, for his or her separate use or benefit, conduct, carryon and
engage in any business, occupation, profession or employment which
to him or her may seem advisable. This provision shall not be
taken, however, to be an admission on the part of either HUSBAND
and WIFE of the lawfulness of the causes which led to, or resulted
in, the continuation of their living apart. HUSBAND and WIFE shall
not molest, harass, or malign the other or the respective families
of each other, nor compel the other to cohabit or dwell in any
manner with him or her, nor in any way interfere with the peaceful
existence, separate from each other.
3. DEBTS
Each party represents that they have not contracted any debt
or liability for the other for which the estate of the other party
may be responsible or liable except as otherwise provided herein,
and that except only for the rights arising out of this Agreement,
3
neither party will hereafter incur any liability whatsoever for
which the other party or the estate of the other party will be
liable. Each party agrees to indemnify and hold harmless from and
against all future obligations of every kind incurred by them,
including those for necessities.
4. WAIVER OF APPRAISAL AND INVENTORY
The parties acknowledge and agree that they have each had an
opportunity to value or have appraised any and all marital
property, and they do hereby waive a formal appraisal and inventory
of same, and no statement or representation by either party as to
value shall be deemed a misstatement or misrepresentation to the
other or be deemed fraudulent.
5. MARITAL AND NON-MARITAL ASSETS
HUSBAND and WIFE do hereby acknowledge that they have
heretofore divided the non-marital assets and marital assets
including but without limitation, business interests, jewelry,
clothes, furniture, stocks, bonds, pensions and other assets
wherever situated whether real, personal or mixed, tangible or
intangible, and HUSBAND agrees that all assets in the possession of
WIFE shall be the sole and separate property of WIFE; and, WIFE
agrees that all assets in the possession of HUSBAND shall be the
4
sole and separate property of HUSBAND. Each of the parties does
hereby specifically waive, release, renounce and forever abandon
whatever claims, if any, he or she may have with respect to any of
the above said items which are the sole and separate property of
the other.
This document shall constitute a bill of sale for said sole
property.
6. REAL ESu.:n;
WIFE owns property at 68 Cumberland Road, t,emoyne, Cumberland
County, Pennsylvania. Said house is encumbered by a mortgage by
PHH US Mortgage Corporation. WIFE shall be the sole owner of said
home and HUSBAND specifically quitclaims all rights, title and
interest which he may have in said home to WIFE. WIFE shall be
solely responsible for the existing mortgage and all other real
estate related expenses and agrees to indemnify and hold HUSBAND
harmless from same. HUSBAND agrees to grant to WIFE exclusive ~
po"o',ion 0' tho homo on 0< bo'o<o J",y.fl. 1996. HUSBAND '"<tbo< ~
agrees to contribute FOUR HUNDRED FIFTY ($450.00) DOLLARS towardC~
the mortgage for June 1996.
HUSIlAND further warrants that all
utilities and other household expenses will be paid in full as of
the date of his vacating the property.
5
7. VEHICLES
WIFE shall have sole title and ownership of the parties'
Pathfinder. The Pathfinder is currently encumbered with a loan
from Members United Federal Credit Union in HUSBAND's name alone.
WIFE agrees to transfer said debt to her name or otherwise
refinance said debt in her name alone within forty-eight (48) hours
of HUSBAND's execution of this Agreement. All payments on the
Pathfinder through said credit union shall be paid current by
HUSBAND as of the date of delivery of the vehicle to WIFE. HUSBAND
agrees to immediately deliver the vehicle to WIFE upon notification
that said debt has been transferred.
HUSBAND shall have sole ownership of the parties' pontoon
boat.
6. PENSION
The parties warrant that no pensions are at issue for
distribution.
9. BANK ACCOUNTS AND iNVESTMENTS
Each party shall have sole possession of the bank accounts in
their own names.
6
same as fully and effectively, in all respects and for all
purposes, as though he or she were unmarried.
13. ALIMONY. SUPPORT AND MAINTENANCE
Both parties acknowledge and agree that the provisions of this
Agreement providing for equitable distribution of marital property
are fair, adequate and satisfactory to them and are accepted by
them in lieu of and in full and final satisfaction of any claims or
demands that either may now or hereafter have against the other for
support, maintenance or alimony. HUSBAND and WIFE further,
voluntarily and intelligently, waive and relillquish any right to
seek from the other any payment for spousal support, alimony and
maintenance.
14. CASH PAYMENT
Upon HUSBAND's execution of the consent for entry of the
divorce, WIFE shall pay to HUSBAND the sum of FIVE THOUSAND
($5,000.00) DOLLARS. This sum is paid as equitable distribution.
Said sum has been deposited into the escrow account of WIFE's
attorney and will be released upon actual entry of the divorce
decree.
8
15. SUBSE~UENT DIVORCE
A decree in divorce, entered by a court of competent
jurisdiction to either party, shall not suspend, supersede or
affect the terms of this Agreement. Upon the expiration of the
appropriate ninety (90) day period, both parties agree to enter a
Consent Decree for Divorce concerning the provisions of this
Agreement in the Court of Common pleas of Cumberland County,
Pennsylvania, at docket number 96-972 Civil Term, or any other
Court of competent jurisdiction, as a part of a resolution of any
divorce action filed. This Agreement, and the terms and conditions
contained herein, as well as the enforcement of said terms and
conditions, shall not be contingent upon the granting of a Divorce
Decree to either party by the Court of Common Pleas of Cumberland
County, Pennsylvania, or any other Court of competent jurisdiction.
Furthermore, both parties hereto agree to timely execute the
appropriate affidavits and consents to secure a No-Fault Divorce as
may be required by the Divorce Code of 1980, as amended. Both
parties hereto agree that this Agreement may be incorporated into
a separate Court Order but shall not merge in such order in the
Court of Common Pleas of Cumberland County, Pennsylvania.
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16. OTHER DOCUMENTATION
HUSBAND and WIFE covenant and agree that upon request of the
other party, they will forthwith execute and deliver to the other
party, any and all wri t ten instruments, assignments, releases,
satisfactions, deeds, notes or such other writings as may be
necessary or desirable for the proper effectuation of this
Agreement.
17. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTATE
Each party hereby releases, waives and relinquishes any and
all rights which he or she may now have, or may hereafter have,
against the other party under the present or future laws of any
jurisdiction (a) to share in the estate of the other party upon the
other party's death and (b) to act as executor/rix or
administrator/rix of the other party's estate.
18. MUTUAL RELEASE
HUSBAND and WIFE each do hereby mutually remise, release,
quitclaim and forever discharge the other and the estate of such
other, for all time to come, and for all purposes whatsoever, of
and from any and all rights, title and interests, or claims in or
against the property (including income and gain from property
hereafter accruing) of the other or against the estate of such
10
other, of whatever nature and wheresoever s~tuate, which she or he
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 or by way of equitable distribution, dower or courtesy, or
claims in the nature of dower or courtesy of 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
ter'ritol'y of the United States, or (c) any other country, or and
rights which HUSBAND or WIFE may have or at any time hereafter have
for the past, present or future support or maintenance, alimony,
alimony pendente lite, counsel 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.
Each of the parties hereto further covenants and agrees for
himself and herself and his or her heirs, executors, administrators
1 1
and assigns, that he or she will never, at any time hereafter, sue
the other party or is or her heirs, execut~rs, administrators and
assigns, for the purpose of enforcing any of the rights
relinquished under this paragraph. Each of the parties further
covenants and agrees that he or she will permit any will of the
other to be probated "nd allow administration upon his or her
personal, real or mixed estate and allow effects to be taken out by
the person or persons who would have been entitled to do so had
~USBAND or WIFE died during the lifetime of the othe.. Each of the
parties hereby releases, relinquishes and waives any and all right
to act as executor or executrix or administrator or administratrix
of the other's estate.
It is the intention of HUSBAND and WIFE to give to each other
by the execution of this Property Settlement Agreement a full,
complete and general release with respect to any and all property
of any kind or nature, real, personal or 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.
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22. BINDING EFFECT OF AGREEMENT/WAIVER
This Agreement shall remain in full force and effect unless
and until terminated under and pursuant to the terms of this
Agreement.
The failure of either party to insist upon strict performance
of the provisions of this Agreement shall not be construed as a
waiver of any subsequent default of the same or similar nature, nor
shall such failure be construed as a waiver of any other term,
condition, clause or provision of this Agreement.
23. 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 for such breach or seek such other remedies or relief
as may be available to him or her, and the party breaching this
contract shall be responsible for payment of reasonable legal fees
and costs incurred by the other in enforcing their rights under
this Agreement.
24. CONTROLLING LAW
This Agreement shall be construed and governed in accordance
with the laws of the Commonwealth of Pennsylvania.
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25. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS
The parties acknowledge that this Agreement shall become
effective when actually signed by both parties.
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LOUISE CHENOWETH
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FERN L. CHENOWETH,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
CIVIL ACTION - LAW
No. 96-972 Civil Term
WILLIAM R. CHENOWETH.
Defendant
IN DIVORCE
,
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CERTIFICATE OF SERVICE
I, Barbara Sumple.Sulllvan. Esquire. do hereby certify that on this date, I served a true
.imd correct copy of the foregoing Plaintiff's Praecipe to Transmll Record. in the above.
captioned mailer upon the following individuaUs) by first class mail. postage prepaid. addressed
'Us follows:
John J. Connelly. Esquire
Connelly. Reid and Spade
108.112 Walnut Street
P.O. Box 963
Harrisburg. PA 17108
. DATED: Julv 10. 1996
Barbara Sumple-Sullivan. Esquire
549 Bridge Slreel
New Cumberland. P A 17070
(717) 774-1445
Supreme Court I.D. No. 32317
ERN L. CHENOWETH.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
vs.
~~:1~7~CTI~N;)LAWa ,". ( "j" I' ._
ILLlAM R. CHENOWETH.
Defendant
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. if you wish to defend against the claims set
orth in the following pages. you must take prompt action. You are warned that if you fail to
o so the case may proceed without you and a decree of divorce or annulment may be entered
gainst you by the Court. A judgement may also be entered against you for any other claim or
eHef requested in these papers by the Plaintiff. You may lose money or property or other rights
mportanlto you. including custody and visitation of your children.
When the grounds for a divorce is indignities or irretrievable breakdown of the marriage,
ou may request marriage counseling. A list of marriage counselors is available in the Domestic
elations Office at the County Courthouse.
I
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IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY. I
fA WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS i
RANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. I
I
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCK IF YOU I
o NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE,
HE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL I
ELP. I
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Court Administrator.
Cumberland County Courthouse. 4th Floor
I Courthouse Square
Carlisle, PA 17013-3387
Telephone No. (717) 240-6200
ERN L. CHENOWETH.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTfON - LAW
No.
ILLlAM R. CHENOWETH.
Defendant
IN DIVORCE
AFFIDAVIT REGARDING COUNSELING
I. I have been advised of the availability of marriage counseling and understand that
may request that the Court require that my spouse and I participate in counseling.
2. I understand that the Court maintains a list of marriage counselors in the Domestic
elations Office. which list is available to me upon request.
3. Being so advised. I do not require that the Court require that my spouse and I
articipate in counseling prior to a divorce decree being handed down by the Court.
I understand that false statements herein are made subject to the penalties of 18 P A. CSA
ection 4904 relating to unswom falsification to authorities.
ATE: 2-/~/;r.;
E RN L. CHENOWETH
ERN L. CHENOWETH.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
I
IL' vs.
, ILLlAM R. CHENOWETH.
Defendant
CIVIL ACTION - LAW
No.
IN DIVORCE
VERIFICATION
I. FERN L. CHENOWETH, hereby certify that the facts set forth in the foregoing
bOMPLAINT IN DIVORCE are true and correct to the best of my knowledge. information
~ ",,,,. 1.......00 ... wy ,,'~ ,""moo. _ ""',. '" ....j". '" ,....11'..' 18 P..
.S.A. !i 4904 relating to unsworn falsification to authorities.
ated:
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JlRN L. CHENOWETH
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vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION. LAW
No. 96-972 Civil Term
ERN L. CHENOWETH.
Plaintiff
ILLlAM R. CHENOWETH.
Defendant
IN DIVORCE
PRAECIPE TO ENTER APPEARANCE
Please enter my appearance on behalf of William R. Chenoweth, the Defendant in the
hove-captioned maUer.
I, JOHN J. CONNELLY. Esquire hereby accept the Complaint In Divorce. on behalf
f the above named Defendant. William R. Chenoweth.
Respectfully submitted.
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FERN L. CHENOWETH.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
vs.
CIVIL ACTION - LAW
No. 96-972 Civil Term
WILLIAM R. CHENOWETH.
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under !i330I(c) of the Divorce Code was filed on
February 22. 1996.
2. The marriage of 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 after service of Notice of
Intention to Request Entry of the Decree.
DATE:
7/\'/~p
/ /'. F-
(~, Jl c/( ...~:~
WILLIAM R. CHENOWE
COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF )
Before me. the undersigned officer, a Notary Public in and for said Commonwealth and
County. personally appeared WILLIAM R. CHENOWETH. who being duly affirml';d
according to law. deposes and ~ays that the facts and mailer set forth in the within :lOd foregoing
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER A330J(c) OF THE DIVORCE CODE and AFFIDAVIT OF CONSENT
areA,ue and ~orr~t ib~I'f'~nowledge. information and belief.
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ILilAM .'CtIE .TtI
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Affirmed and subscribed to before me this \.l j
i-ii t ~i
NO'TARY PUBLIC
day or 1.( ( (~. 1996.
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My (0
(SEAL)
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NOT RIAL SEAL
JEAN L KOSIER, N<llar)I PubUc
, CIty ~ Hem,butg. OaulJhln County
L~'f-Eam~:,~ EIl~~.~~.._~~.l ~_,
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FERN L. CHENOWETH,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION. LAW
No. 96.972 Civil Term
. WILLIAM R. CHENOWETH,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
llJ30Uc) OF THE DIVORCE CODE
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I consent to the entry of a final decree of divorce without notice.
I understand that I may lose rights concerning alimony, division of property,
i 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 statement herein are made subject to the penalties of 18 Pa.C.S. !i4904 relating to unsworn
falsification to authorities.
DATE: '7 /),~/~(,
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FERN L. CHENOWETH,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
vs.
CIVIL ACTION - LAW
No. 96-972 Civil Term
WILLIAM R. CHENOWETH.
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNllER
lIJ301lc) 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 statement herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn
falsification to authorities.
,
DATE:
;0'. /.7' {,
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