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HomeMy WebLinkAbout01-4667TODD M. GARMAN, Plaintiff TRACY L. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS OF .. : CUMBERLAND COUNTY, PENNSYLVANIA .. CIVIL ACTION - LAW .. 2001- L~(cG7 CIVIL TERM .. 1N DIVORCE NOTICE 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 in 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 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 17013. 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 717-249-3166 1-800-990-9108 TODD M. GARMAN, Plaintiff TRACY L. GARMAN, Defendant IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001- ~/££ 7CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE NOW comes the plaintiff, Todd M. Garman, by his attorney, Mark D. Schwartz, Esquire, and files this complaint in divorce against the defendant, Tracy L. Garman, representing as follows: 1. The plaintiff is Todd M. Garman, an adult individual residing at 145 Chester Street, Carlisle, Pennsylvania 17013. 2. The defendant is Tracy L. Garman, an adult individual residing at 145 Chester Street, Carlisle, Pennsylvania 17013. 3. The defendant has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on October 19, 1996 in Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. There was one (1) child bom to this marriage; namely Taylor C. Garman, bom April 2, 2000, age sixteen (16) months. 7. Pursuant to the Divorce Code, Section 3301(c), the plaintiffavers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. Date: August, . ,2001 By: Respectfully submitted, cKNIGHT & HUGHES Mark D. Schwartz, Esquire Attorney for Plaintiff West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I.D. No. 70216 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Complaint and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. TODD M. GARMAN Date: August 3rd ,2001 MARRIA GE SE TTLEMENT A GR EEMENT THIS AGREEMENT made this _,~OO day of t)c-~l~//~_s , 2001, by and ~ between TRACY L. GARMAN (hereinafter referred to as "WIFE") and TODD M. GARMA~ c~:~ (hereinafter referred to as "HUSBAND"). ~:( :!i:! WITNESSETH: z ~:' WHEREAS, HUSBAND and WIFE were lawfully married on October 19, 1996 in ~ Mechanicsburg, Pennsylvania, and separated on August 3, 2001. HUSBAND filed a Divorce Action in Cumberland County, Pennsylvania, on August 3, 2001, docketed at 2001-4667 Civil Term. WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: 1. The parties will maintain separate and permanent domiciles and to live apart from each other. It is the intent 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. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the paaies that such division shall be final and shall forever deteL,nine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit 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. Each party to the Agreement acknowledges and declares that he or she, respectively: (a) is represented by counsel of his or her own choosing (Mark D. Schwartz, Esquire for HUSBAND, and Dirk E. Berry, Esquire, for WIFE); (b) is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (c) enters into this Agreement voluntarily after receiving the advice of counsel; (d) has given careful and mature thought to the making of this Agreement; (e) has carefully read each provision of this Agreement; and (f) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3301(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. 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 a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has had sufficient time and access to all information necessary to enter into this Agreement, including but not limited to property interests of any nature, whether personal or business, any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that, although not all the information was requested, that he or she is satisfied with the cooperation and disclosure of the property interests of any nature of the other party, and waives any right to raise the lack of disclosure of property interests of any nature as a defense to the enforcement of this Agreement. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: HUSBAND hereby agrees to transfer to WIFE exclusive possession of the marital residence at 145 Chester Street, Carlisle, Cumberland County, Pennsylvania, and will waive all right, title and interest in the property. HUSBAND agrees to execute a deed transferring said property into WIFE's name individually, said deed will be held in escrow by counsel for HUSBAND until his name is removed from any mortgages on said property. WIFE agrees to assume all liability for and indemnify HUSBAND against any and all mortgages currently against said residence including the first mortgage with Homeside Lending and the second mortgage with Citi Financial, and agrees to be solely responsible for the payments associated with said mortgages. WIFE further agrees to have HUSBAND's name removed from said mortgages within twenty-four (24) months from the date of the execution of this Agreement. The removal of HUSBAND's name from the mortgages shall occur either by refinancing or assumption of the current mortgages by WIFE. In the event that WIFE does not refinance or otherwise remove HUSBAND's name from said mortgage within twenty-four (24) months, the parties agree to list the property for sale with a mutually agreed upon realtor. WIFE agrees to keep all mortgage payments current until HUSBAND's name is removed from said obligations. In the event WIFE becomes more than thirty (30) days delinquent on any mortgage payment, the parties agree to immediately list the property for sale with a mutually agreed upon realtor. Any proceeds from the sale of the marital residence will be distributed to WIFE. 8. SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to pay spousal support, alimony, alimony pendente lite, or any other financial support to the WIFE, and that WIFE will not be required to pay spousal support, alimony, alimony pendente lite, or any other £mancial support to the HUSBAND. The parties thereby waive any right they have to receive spousal support, alimony or alimony pendente lite payments from the other either prior to or following the entry of the Divorce Decree in this matter. 9. PERSONAL PROPERTY: The parties agree that the personal property has been divided to the parties' mutual satisfaction. WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 10. AUTOMOBILES: The parties hereby agree that WIFE shall retain the Chevy Blazer which is currently in her possession. HUSBAND hereby waives all right, title and interest in the Chevy Blazer. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of the Chevy Blazer and any vehicle she may now or in the future own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle or vehicles. The parties hereby agree that HUSBAND shall retain the Ford Explorer which is currently in his possession. WIFE hereby agrees to transfer and waive all right, title and interest in the Ford Explorer to HUSBAND. HUSBAND shall hold WIFE ha~-~iiless for any and all liability associated with the use and purchase of the Ford Explorer and any vehicle he may now or in the future own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. HUSBAND and WIFE agree to transfer title to said vehicles if necessary within thirty (30) days of the signing of this Agreement. 11. MARITAL DEBTS: The parties hereby agree that the HUSBAND shall assume all liability for any and all debt which may now or in the future exist relating to the following loans and credit card accounts: 2. 3. 4. 5. Texaco card, (account number 3041817960) with a date of separation balance of approximately $477.38; AT&T Universal Master Card, (account number 5396478000076348) with a date of separation balance of approximately $2,377.32; Discovery card, (account card 6011002070563721) with a date of separation balance of approximately $1,885.84; Members 1~t Visa, (account number 4121449991236543) with a date of separation balance of approximately $329.31; and The loan against HUSBAND's 401(k) with a date of separation balance of approximately $15,000.00. HUSBAND further agrees to take all measures necessary to remove WIFE's name from any and all of the above-listed marital credit cards and transfer said credit cards into HUSBAND's name alone within thirty (30) days from the date of this Agreement. WIFE agrees to cooperate in removing her name from the above-listed credit cards. HUSBAND further agrees to indemnify and hold harmless WIFE from any and all debt which may now or may hereafter be incurred to said credit card accounts. HUSBAND also further agrees to pay to WIFE an additional Seven Thousand Three Hundred and 00/100ths Dollars ($7,300.00) to be applied toward her remaining debts listed below. 6 The parties hereby agree that the WIFE shall assume all liability for any and all debt which may now or in the future exist relating to the WIFE's student loan with a date of separation balance of approximately $7,000.00. WIFE further agrees to take all measures necessary to remove HUSBAND's name from any and all of the above-mentioned loans and transfer said loans into WIFE's name alone within thirty (30) days from the date of this Agreement. HUSBAND agrees to cooperate in removing his name from the above-mentioned loans. WIFE further agrees to indemnify and hold harmless HUSBAND from any and all debt which may now or may hereafter be incurred to said loans. It is mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND shall assume all liability for and pay and indemnify the WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits. HUSBAND and WIFE agree to maintain Taylor C. Garman as beneficiary on any life insurance policy currently in effect as of the date of this Agreement. HUSBAND agrees to take any and all action necessary and to cooperate, within thirty (30) days from the date of this Agreement, in the removal of his name as a beneficiary or owner from any and all pension, profit sharing or other retirement accounts which WIFE may currently possess. Similarly, WIFE agrees to take any and all action necessary and to cooperate, within thirty (30) days from the date of this Agreement, in the removal of her name as a beneficiary or owner from any and all pension, profit sharing or other retirement accounts which HUSBAND may currently possess. 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND not otherwise provided for herein. HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE not otherwise provided for herein. HUSBAND agrees to cooperate in closing or removing WIFE'S name from any and all joint accounts held and any financial institution within fifteen (15) days of the execution of this Agreement. Similarly, WIFE agrees to cooperate in closing or removing HUSBAND'S name from any and all joint accounts held and any financial institution within fifteen (15) days of the execution of this Agreement. 14. INCOME TAX EXEMPTIONS FOR CHILD: The parties agree that WIFE will claim Taylor C. Garman on her tax return to begin in the tax year 2002. Additionally, the parties agree to file their 2001 federal tax return as married filing jointly and agree to split any refund with sixty percent (60%) of said refund to go to WIFE and forty percent (40%) to HUSBAND. 15. 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 should be responsible for payment of legal fees and costs incurred by the other in enfoming their rights under this Agreement. Failure to enforce one or more provisions of this Agreement shall not be deemed a waiver of that party's right to enfome said provision or provisions at a later date. 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 19. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 20. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as 10 administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 22. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs required to obtain and complete the divorce. 23. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNES~SES: ~. TODD M. GARMAN . . (SEAL) (SEAL) 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: PERSONALLY APPEARED BEFORE ME, thist~_..~ay of ~..~~.~ 2001 a Notary Public, in and for the Commonwealth of Pennsylvan"ia and County of Cumberland, TRACY L. GARMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, thiso~0~day of ~, 2001, a Notary Public, in and for the Commonwealth of Pennsylvania"'~nd County of Cumberland, TODD M. GARMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein comained. hereunto set my hand and offi ial seal. IN WITNESS WHEREOF, I have Se , .... My(Ivlarlha L. Noel, NotaPJ ~uol~c I Ca, Isle Boro, Cumberland County Commission Expires Sept. 18. 2003 Member, Pennsylvania AsSoaation ot Notaries 12 TODD M. GARMAN, Plaintiff TRACY L. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : 2001-4667 CIVIL TERM : : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Compla'mt in Divorce under Section 3301(c) of the Divorce Code was filed on August 3, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed fi:om the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I veri~ that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Date: December 20, 2001 TODD M. GARMAN TODD M. GARMAN, Plaintiff Ve TRACY L. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : 2001-4667 CIVIL TERM : : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 3, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Date: December 20, 2001 TODD M. GARMAN, Plaintiff TRACY L. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : 2001-4667 CIVIL TERM : : IN DIVORCE 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 fights 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 mediately 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: December 20, 2001 TODD M. GARMAN Plaintiff TODD M. GARMAN, Plaintiff TRACY L. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2001-4667 CIVIL TERM : IN DIVORCE 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, lawyeffs 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: December 20, 2001 TODD M. GARMAN, Plaintiff TRACY L. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : 2001-4667 CIVIL TERM : : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. 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. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: December 20, 2001 TODD M. GARMAN TODD M. GARMAN, Plaintiff Ve TRACY L. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2001-4667 CIVIL TERM : IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. 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. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: December 20, 2001 J TRA(~ARMAN TODD M. GARMAN, Plaintiff TRACY L. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : 2001-4667 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. 1LC.P. RULE NO. 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : NOW, Mark D. Schwartz, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Tracy L. Gat-man, on August 11, 2001, by certified, restricted delivery mail, addressed to her at 145 Chester Street, Carlisle, Pennsylvania 17013, with Return Receipt Number 7099 3400 0018 4997 3081. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penai~fie~/l~a. ~ection 4904, relating to unswom falsification to authorities. t/MARK D. SCHWARTZ, ESQUIRE Attorney for Plaintiff Date: December 21, 2001 DIVORCE COl'l[Cq-A T~ Postage Certified Fee Return Receipt Fee {Endorsement Required) estricted Delivery FeeTM g~3 ~ement Required~ Total Postage & Fees Postmark Here I1'! I Oemplete items 1, 2, and 3. Also compkJte lira 4 If Restricted Delivery Is deek~KI. · I~t your name and ~ on the reverse m that we can tatum the card to you. · 4~Jtach this card to the back of the mailpiece, ~ on the front If space permits. I~S TitA~ L GA~I~ !45 CBESI'~ I~-ART-'[SL~ PA 17013 " Ivv '"'1 Y"4./"~' '""' [~Addre~. D, I~d~t~tfmmlt~al? ~ly~ If YES, ente~e~y address below: ~ No ~ Certified Mall [] ~i:Nii~S Mail [] Registered [] Return Recetpt for Mem~ [] [] c.o.D. lm TODD M. GARMAN, Plaintiff Vo TRACY L. GARMAN, Defendant IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW ; 2001-4667 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Tracy L. Garman, on August 11, 2001, by certified, restricted delivery mail, addressed to her at 145 Chester Street, Carlisle, Pennsylvania 17013, with Return Receipt Number 7099 3400 0018 4997 3081. 3. Complete either paragraph (a) or Co). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by plaintiff.' December 20, 2001; by defendant: December 20, 2001. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or CO). (a) Date and manner of service of the Notice of Intention to file Pmecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 3301(c)~vorce was filed with the Prothonotary: January 2, 2002. // defeI)dant's Waiver of Notice in Sec' n l(c) Div ce was filed with the Prothonotary: January 2, 2002. MARK D. SCHW'KRTZ, ESQUIRE Attorney for Plaintiff .L Ai~ 'iNVO N':i .4'=iQ ' '44 I.LN IV-let ' MDMOAIa NI MV% - NOI~0V %IAID 14MM~ ~IAID L99~-I00g 'ANOINIt:::Ii¥1~ :lO $(:]NOB :iHi l~lOl::i:l CI~::)~OAICI ~MV EV'EEVD '~ (]NV ':1 :D ~10Ai CI ONV ~uepua~ 'ON '¥NN~ ~ ~0 A..LNIqO3 O NV-I~3 EtlNI-ID 40 c:JV~d NOINIAIO3 ..40 ..L~lqO3 7:IHI Ni