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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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STATE OF
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CHERYL A. WILDAY,
PENNA.
Plaintiff
No. 2000-217
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VERSUS
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GARY L. WILDAY,
Defendant
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AND NOW,
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DECREED THAT
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DECREE IN
DIVORCE
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2000 , IT IS ORDERED AND
CHERYL A. WILDAY
, PLAINTIFF,
GARY L. WILDAY
, DEFENDANT,
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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;
All matters have been resolved pursuant to the Marital Settlement
Agreemen~ reached by the par~1es aa~ea uuly L~, LUUU ana
incorporated, but not merged, into the Decree.
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made thi~ t/h day o.f :S-u.L ( , 2000, by and
between GARY L. WILDAY, hereinafter referred to. as "HUSBAND", and CHERYL A.
WILDAY, hereinafter referred to. as "WIFE",
WITNESSETH, That:
WHEREAS, the parties hereto are husband and wife, having been lawfully joined in
marriage o.n August 9, 1969, in OIean, New York;
WHEREAS, there are two (2) children borne ofthis marriage, G, Lynn Wilday and Todd
M. Wilday, which are no.t minors;
WHEREAS, it is the intentio.n of the parties to. settle fully and finally their respective
financial and pmperty rights and o.bligations as between each o.ther arising out o.fthe marriage
relatio.nship or otherwise, including witho.ut limitatio.n (1) the settling of all matters between them
relating to the ownership of real and personal pmperty; (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 o.f all matters between them relating to any and all rights, titles and
interests, claims and possible claims in o.r against the estate o.f the o.ther.
NOW THEREFORE, with the fo.regoing recitals being hereinafter incorpo.rated by
reference and deemed an essential part hereo.f in consideration o.f the foregoing recitals, the
mutual pmmises, co.venants and undertakings herein set fo.rth, and for go.od and valuable
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co.nsideratio.n, receipt o.fwhich is hereby ackno.wledged by each of the parties hereto, HUSBAND
and WIFE, each intending to be legally bound hereby, co.venant and agree as follo.ws:
1. ADVICE OF COUNSEL
HUSBAND and WIFE declare that they have each had a full and fair oppo.rtunity to.
obtain independent legal advice o.f co.unsel o.ftheir selection, CHERYL A. WILDAY has been
independently represented by Barbara Sumple-Sullivan, Esquire, HUSBAND is cognizant of his
right to. legal representatio.n and declares that he has cho.sen no.t to retain an atto.rney
no.twithstanding the fact that attorney for WIFE has told him that he has an abso.lute right to. be
represented by an atto.rney, HUSBAND has chosen instead to nego.tiate directly with co.unsel
and/o.r with his WIFE, HUSBAND hereby ackno.wledges that he has do.ne so willingly and that
he fully understands the facts and has been fully info.rmed and understands that, had a Co.urt
decided this matter, he may have received more or less than is pmvided fo.r in this Agreement.
HUSBAND kno.wingly waives his rights, if any, to utilize the lack o.f his legal representation as a
basis to. attack the validity o.fthis Agreement.
2. PERSONAL RIGHTS
HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart, Each
shall be free fro.m all co.ntml, restraint, interference or autho.rity, direct o.r indirect, by the other in
all respects as if she or he were unmarried, except as may be necessary to. carry put the pmvisio.ns
ofthis Agreement. Each may reside at such place o.r places as she o.r he may select. Each may,
for his o.r her separate use o.r benefit, co.nduct, carry on and engage in any business, o.ccupation,
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profession or emplo.yment which to. him o.r her may seem advisable, This provision shall not be
taken, however, to be an admission o.n the part of either HUSBAND o.r WIFE of the lawfulness
o.fthe causes which led to., o.r resulted in, the co.ntinuation o.ftheir living apart, HUSBAND and
WIFE shall not molest, harass, or malign the other or the respective families of each other, nor
co.mpel the other to. cohabit o.r dwell in any manner with him o.r her, no.r in any way interfere with
the peaceful existence, separate from each other.
3. DEBTS
Each party represents that they have no.t co.ntracted any debt o.r liability fo.r the other fo.r
which the estate of the o.ther party may be respo.nsible or liable except as o.therwise provided
herein, and that except o.nly fo.r the rights arising out o.f this Agreement, neither party will
hereafter incur any liability whatsoever for which the o.ther party or the estate o.fthe other party
will be liable, Each party agrees to indemnifY and hold harmless from and against all future
o.bligatio.ns o.f every kind incurred by them, including those fo.r necessities,
4. WAIVER OF APPRAISAL AND INVENTORY
The parties ackno.wledge and agree that they have each had an o.ppo.rtunity to. value or
have appraised any and all marital property, and they do hereby waive a fo.rmal appraisal and
inventory of same, and no. statement or representatio.n by either party as to. value shall be deemed
a misstatement or misrepresentatio.n to. the other o.r be deemed fraudulent.
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5.
MARITAL AND NON-MARITAL ASSETS
HUSBAND and WIFE do. hereby ackno.wledge that they have hereto.fore divided the no.n-
marital assets and marital assets including but without limitatio.n, jewelry, clothes, furniture, and
other assets wherever situated whether real, perso.nal o.r mixed, tangible or intangible, and
HUSBAND agrees that all assets in the po.ssession o.fWIFE shall be the so.le and separate
property of WIFE; and, WIFE agrees that all assets in the possession o.fHUSBAND shall be the
sole and separate property of HUSBAND , Each o.fthe parties does hereby specifically waive,
release, renounce and fPrever abandon whatever claims, if any, he o.r she may have with respect to
any o.f the abo.ve said items which are the so.le and separate property o.f the other.
This document shall constitute a bill o.f sale fo.r said sole property,
6. REALESTATE
The parties o.wn property as tenants by the entireties located at 804 Fo.urth Street, New
Cumberland, Cumberland Co.unty, Pennsylvania which is subject to a mortgage with Fleet
Mo.rtgage with the approximate balance of SIXTY THOUSAND DOLLARS ($60,000,00), The
rights o.f o.wnership and disposition o.f the assets shall be subject to. the fo.llowing co.nditions and
obligatio.ns:
1. WIFE shall be entitled to. exercise exclusive possessio.n o.fthe property.
HUSBAND's o.nly right o.fpossession will be to. store certain existing assets o.n the
property and to. enter on the property with prior co.nsent o.fWIFE after notice to
WIFE.
2, WIFE shall pay mo.nthly seventy-five (75%) percent o.fall montWy real estate
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expenses, including but no.t limited to. the mo.rtgage, taxes, insurance and
assessments. HUSBAND shall pay monthly twenty-five (25%) percent of said
mo.nthly real estate expenses as defined abo.ve,
3, The property shall be held jointly until WIFE, in her so.le discretio.n, desires to.
move and sell the property, This time period shall not exceed eighteen (18)
months from the signing o.fthis Agreement. HUSBAND agrees that in
co.nsideratio.n o.fthe terms o.fthis Agreement and the percentage o.fpayments made
by WIFE, no rental obligation o.r credit be due to HUSBAND by WIFE,
4, Upon sale o.fthe property, the net proceeds shall be divided fifty (50%) percent to
WIFE and fifty (50%) percent to HUSBAND,
5, No. alteratio.ns shall be made by WIFE o.fthe ho.me without HUSBAND's prio.r
co.nsent.
6, Upo.n the death of either party, the remaining party shall have the optio.n to
purchase the others share in the ho.me, HUSBAND shall pay to. WIFE's estate
fifty (50%) percent o.f the fair market value less all existing liens and obligations,
WIFE shall pay to. HUSBAND's estate fifty (50%) percent o.fthe fair market
value, less all existing liens and o.bligations,
7, The cost o.fall repairs andlo.r structural replacements required in the ho.me shall be
shared equally between the parties,
8. All interest deductio.ns and tax deductions relating to the real estate shall be shared
equally by the parties,
7. MOTOR VEmCLES
WIFE shall have sole title and o.wnership o.fthe parties' 1999 Hyundai Sonata,
HUSBAND shall have so.le title and ownership o.fthe parties' 1993 Oldsmobile Cierra.
HUSBAND and WIFE agree to indemnify and ho.ld the other harmless for any said debt(s) o.n
their vehicle. HUSBAND and WIFE agrees to be responsible fo.r the other's attorneys' fees
incurred in defense o.f any claim o.r suit brought against him/her arising fro.m said debt or incurred
to enforce this indemnification,
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8. PENSION
Each party hereby waives any and all claims that he o.r she may have against the other to
any pension, employee saving or other stock benefit pmgram o.f the o.ther.
9. BANK ACCOUNTS AND INVESTMENTS
Each party shall have sole po.ssessio.n o.f the bank acco.unts in their o.wn names,
10. INSURANCE
Each party shall retain ownership o.f any life insurance po.licy in his or her name,
11. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS
CONFERRED BY THE PENNSYL VANIA DIVORCE ACT OF 1980. AS
AMENDED
HUSBAND and WIFE ackno.wledge and agree that the pmvisio.ns ofthis Agreement are
fair, adequate and satisfacto.ry to. them, Both parties agree to accept the pmvisions set forth in
this Agreement in lieu of and in full and final settlement and satisfactio.n o.f all claims and demands
that either may now or hereafter have against the o.ther fo.r equitable distribution, alimo.ny,
alimo.ny pendente lite, counsel fees, costs and expenses o.r o.ther pmvisions fo.r their support and
maintenance before, during and after the co.mmencement o.f any pmceeding fo.r divo.rce or
annulment between the parties,
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12. AFTER ACOUIRED PERSONAL PROPERTY /FUTURE EARNINGS
Each o.f the parties shall hereafter own and enjo.y independently o.f any claim or right of the
o.ther, all items o.fperso.nal pmperty, tangible or intangible, hereafter acquired by HUSBAND o.r
WIFE, with full po.wer in him o.r her to. dispo.se of the same as fully and effectively, in all respects
and for all purpo.ses, as though he o.r she were unmarried,
13. ALIMONY. SUPPORT AND MAINTENANCE
Both parties acknowledge and agree that the provisions ofthis Agreement pmviding for
equitable distributio.n o.f marital pmperty are fair, adequate and satisfacto.ry to. them and are
accepted by them in lieu of and in full and final satisfactio.n o.f any claims or demands that either
may now or hereafter have against the o.ther fo.r support, maintenance or alimo.ny, HUSBAND
and WIFE further, vo.luntarily and intelligently, waive and relinquish any right to seek fro.m the
other any payment fo.r spo.usal support, alimo.ny and maintenance,
14. TAX RETURNS
The parties agree that in the future if any penalties o.r interest o.r any liability fo.r failure to
declare inco.me or the wro.ngful claiming o.f any deductio.n shall be assessed by the United States
Internal Revenue Service o.r the Co.mmonwealth o.fPennsylvania, o.r any o.ther state as a
co.nsequence o.fthe parties' Federal and State income tax returns which were filed jointly by the
parties, said tax, penalties o.r interest shall be the sole respo.nsibility of HUSBAND and shall be
paid so.lely by him, HUSBAND hereby covenants and agrees to ho.ld WIFE harmless fro.m any
penalty, interest or liability for such reaso.n arising put of the filing o.r failure to file any past tax
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15. SUBSEOUENT DIVORCE
A decree in divorce, entered by a court o.f co.mpetent jurisdictio.n to either party, shall no.t
suspend, supersede or affect the terms o.f this Agreement. Both parties agree to enter a Co.nsent
Decree co.ncerning the provisions of this Agreement in the Court of Co.mmon Pleas of
Cumberland Co.unty, Pennsylvania, or any o.ther Co.urt of competent jurisdiction, as a part of a
resolutio.n of any divorce action filed, This Agreement, and the tenus and conditions contained
herein, as well as the enforcement o.f said tenus and conditions, shall no.t be co.ntingent upon the
granting of a Divorce Decree to either party by the Co.urt o.f Co.mmo.n Pleas o.f Cumberland
Co.unty, Pennsylvania, or any other Court of competent jurisdiction, Furthermo.re, 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, Bo.th parties hereto agree
that this Agreement may be inco.rpo.rated fo.r purpo.ses o.f enfo.rcement into a separate Co.urt Order
but shall not merge in such o.rder in the Court o.f Co.mmo.n Pleas o.f Cumberland Co.unty,
Pennsylvania,
16. OTHER DOCUMENTATION
HUSBAND and WIFE covenant and agree that upo.n request of the o.ther party, they will
fo.rthwith execute and deliver to. the other party, any and all written instruments, assignments,
releases, satisfactio.ns, deeds, no.tes or such o.ther writings as may be necessary o.r desirable fo.r the
proper effectuation of this Agreement.
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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
no.w have, pr may hereafter have, against the other party under the present or future laws of any
jurisdictio.n (a) to. share in the estate of the o.ther party upon the o.ther party's death and (b) to. act
as executo.r/rix or administrato.r/rix of the o.ther party's estate,
18. MUTUAL RELEASE
HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and fprever
discharge the o.ther and the estate of such other, for all time to. co.me, and fpr all purposes
whatso.ever, o.f and fro.m any and all rights, title and interests, or claims in pr against the pmperty
(including inco.me and gain fro.m pmperty hereafter accruing) o.f the other o.r against the estate of
such o.ther, of whatever nature and whereso.ever situate, which she o.r he now has or at any time
hereafter may have against such o.ther, the estate o.f such other o.r any part thereo.f, whether
arising put o.f any fprmer acts, contracts, engagements o.r liabilities of such o.ther or by way o.f
equitable distributio.n, do.wer pr curtesy, or claims in the nature o.f do.wer o.r curtesy o.f wido.w's or
wido.wer's rights, family exemptio.n o.r similar allo.wance, o.r under the intestate laws, o.r the right
to. take against the spouse's will, o.r the right to treat a lifetime co.nveyance by the o.ther as
testamentary, or all o.ther rights of a surviving spo.use to. participate in a deceased spo.use's estate,
whether arising under the laws o.f(a) Pennsylvania, (b) any State, commo.nwealth or territo.ry o.f
the United States, o.r (c) any o.ther country, o.r and rights which HUSBAND o.r WIFE may have
o.r at any time hereafter have for the past, present o.r future support o.r maintenance, alimony,
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alimo.ny pendente lite, co.unsel fees, Co.sts or expenses, whether arising as a result of the marital
relatio.n or o.therwise, except, and only except, all rights and Agreements and o.bligations o.f
whatso.ever nature arising or which may arise under this Agreement or for the breach of any
thereof.
Each o.f the parties hereto further co.venants and agrees fo.r himself and herself and his o.r
her heirs, executo.rs, administrato.rs and assigns, that he or she will never, at any time hereafter,
sue the o.ther party or his o.r her heirs, executo.rs, administrators and assigns, fo.r the purpose of
enforcing any o.f the rights relinquished under this paragraph, Each o.f the parties further
covenants and agrees that he o.r she will permit any will of the other to be pro.bated and allow
administratio.n upo.n his o.r her personal, real or mixed estate and allo.w effects to. be taken out by
the person or perso.ns who would have been entitled to. do so had HUSBAND or WIFE died
during the lifetime ofthe other. Each ofthe parties hereby releases, relinquishes and waives any
and all right to. act as executo.r o.r executrix o.r administrato.r o.r administratrix o.fthe other's estate,
It is the intention of HUSBAND and WIFE to give to each other by the executio.n o.fthis
Marital Settlement Agreement a full, co.mplete and general release with respect to. any and all
pro.perty o.f any kind or nature, real, personal or mixed, which the o.ther no.w o.wns o.r may
hereafter acquire, except and o.nly except all rights and Agreements and obligations o.f whatsoever
nature arising o.r which may arise under this Agreement o.r fo.r the breach of any thereo.f.
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19. SUCCESSOR'S RIGHTS AND LIABILITIES
This Agreement shall, except as o.therwise pmvided herein, be binding upo.n and inure to.
the benefit o.f the parties hereto, their respective heirs, executors, administrato.rs, successors or
assigns,
20. SEVERABILITY
If any pmvision in this Agreement is held by a Co.urt of competent jurisdictio.n to be
invalid, void, or unenfo.rceable, the remaining pmvisions shall nevertheless continue in full fo.rce
and effect witho.ut being impaired o.r invalidated in any way,
21. ENTIRE AGREEMENT
HUSBAND and WIFE do hereby co.venant and warrant that this Agreement contains all
of the representations, pmmises and Agreements made by either o.fthem to. the other fo.r the
purposes set fo.rth in the preamble hereinabove; that there are no claims, promises or
representations no.t herein co.ntained, either o.ral o.r written, which shall o.r may be charged or
enfo.rced o.r enfo.rceable unless reduced to. writing and signed by both ofthe parties hereto.,
22. BINDING EFFECT OF AGREEMENT/W AIVER
This Agreement shall remain in full force and effect unless and until terminated under and
pursuant to the terms o.f this Agreement.
The failure o.f either party to insist upo.n strict performance of the pmvisions of this
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Agreement shall no.t be construed as a waiver of any subsequent default o.f the same o.r similar
nature, nor shall such failure be co.nstrued as a waiver o.f any other term, conditio.n, clause or
pmvisio.n of this Agreement.
23. BREACH
If either party breaches any pmvisio.n of this Agreement, the o.ther party shall have the
right, at his or her eiectio.n, to. sue fo.r damages fo.r such breach o.r seek such other remedies o.r
relief as may be available to him o.r her, and the party breaching this co.ntract shall be respo.nsible
for payment o.f reasonable legal fees and costs incurred by the o.ther in enfo.rcing their rights under
this Agreement.
24. CONTROLLING LAW
This Agreement shall be co.nstrued and governed in accordance with the laws of the
Co.mmonwealth of Pennsylvania.
25. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS
The parties ackno.wledge that this Agreement shall become effective when actually signed
by both parties,
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COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF
Befo.re me, the undersigned o.fficer, a No.tary Public in and fo.r said Co.mmonwealth and
County, perso.nally appeared GARY L. WILDA Y, who. being duly affirmed according to law,
depo.ses and says that the facts and matter set fo.rth in the within and foregoing Marital
Settlement Agreement are true and co.rrect to the best of his knowledge, information and belief
subscribed to befo.re me thiscf)l/I'-- day rC(uj ,2000,
!fotaria' Seal
Julie D, 8~ag~o". Notary Public
Sliver SJl.rlng TWp., Cumberland County
My Comml,lIiIlon f.llpl,ro8 June 14, 2001
M co.mmissio.n expires:
(SEAL)
COMMONWEALTH OF PENNSYL VANIA
)
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)
COUNTY OF CUMBERLAND
Befo.re me, the undersigned o.fficer, a No.tary Public in and fo.r said Co.mmo.nwealth and
Co.unty, personally appeared CHERYL A. WILDAY, who being duly affirmed according to law,
deposes and says that the facts and matter set forth in the within and foregoing Marital
Settlement Agreement are true and correct to. the best of her knowledge, information and belief
Affirmed and subscribed to before me this ;;:r! day of
2000,
NOTARY PUBLIC
My co.mmission expires:
(SEAL)
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CHERYL A. WILbAY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v,
NO, 2000-217 Civil Term
GARYL. WILDAY,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, to.gether with the fo.llowing info.rmatio.n, to the court fpr entry of a
divo.rce decree:
1. Ground fo.r divorce: Irretrievable breakdown nnder ~3301(c) of the Divorce Code,
2. Date and manner of service of the complaint: United States Mail, Certified Mail,
Restricted Delivery on January 22, 2000.
3, Date of execution of the affidavit o.fconsent required by S 3301(c) o.fthe Divo.rce
Code: by Plaintiff: July 28, 2000; by Defendant: July 24, 2000,
4, Related claims pending: All matters have been resolved pursuant to an Agreement
reached by the parties dated July 28, 2000 and incorporated, but not merged into the
Decree,
5, Date Plaintifi's Waiver of Notice in S3301(c) Divorce was filed with Prothonotary:
August 1, 2000, Date Defendant's Waiver ofNo.tice in S3301(c) Divorce was filed with
Prothonotary: August 1, 2000.
Dated: July 31, 2000
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717)-774-1445
Supreme Co.urt ID #32317
Atto.rney for Plaintiff
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CHERYL A. WILDAY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 2000-217 Civil Term
GARYL. WILDAY,
Defendant
IN DIVORCE
CERTIFICATE OF SERVICE
I, Barbara Sump Ie-Sullivan, Esquire, do hereby certifY that o.n this date, I served a true
and correct copy of the foregoing Plaintiff's Praecipe to Transmit Record, in the abo.ve-
captioned matter upo.n the follo.wing individual by first class mail, postage prepaid, addressed as
fo.llows:
Mr. Gary L. Wilday
2311 No.rth Fmnt Street, Apt. 207
Harrisburg, P A 1711 0
DATED: July 31, 2000
arbara Sumple-Sullivan, Esquire
49 Bridge Street
New Cumberland, P A 17070
(717) 774-1445
Supreme Court lD. No., 32317
Atto.mey fo.r Plaintiff
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CHERYL A. WILDAY,
Plaintiff
v,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANA
/lJ 1-. .. /J
NO, d.,fJ1>-o - d(11 ~
GARYL. WILDAY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HA VB BEEN SUED IN COURT, if you wish to. defend against the claims set forth
in the follo.wing pages, you must take prompt action, You are warned that if you tail to do so the
case may pmceed without yo.u and a decree o.f divo.rce or annulment may be entered against you
by the Co.urt, A judgement may also be entered against yo.u for any other claim or relief
requested in these papers by the Plaintiff, You may lose money or property or other rights
impo.rtant to yo.u, including custody and visitatio.n ofyo.ur children,
When the gmunds for a divorce is indignities or irretrievable breakdo.wn of the marriage,
you may request marriage counseling, A list o.f marriage co.unselo.rs is available in the Do.mestic
Relatio.ns Office at the Co.unty Courtho.use,
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 HA VB 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 LmERTY AVENUE
Carlisle, Pennsylvania 17013
(717) 249-3166
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CHERYL A. WILDAY,
Plaintiff
v,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
: NO, .z IWb - ;;LJ?
CIVIL ACTION - LAW
IN DIVORCE
GARYL. WILDAY,
Defendant
AFFIDAVIT REGARDING COUNSELING
1. I have been advised of the availability o.f marriage co.unseling and understand that I
may request that the Court require that my spo.use and I participate in counseling.
2. I understand that the Court maintains a list of marriage co.unselo.rs in the Domestic
Relations Office, which list is available to. me upo.n request.
3, Being so advised, I do. not require that the Court require that my spouse and I
participate in counseling prio.r to. a divo.rce decree being handed do.wn by the Court,
I understand that false statements herein are made subject to. the penalties of 18 Pa, C,S,A
Sectio.n 4904 relating to. unswo.rn falsification to authorities,
Dated: J -5 - .;;:woo
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CHERYL A. WILDAY,
Plaintiff
v,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO, .2 (roV - d 1'7 &;;:1 I.b-
GARYL. WILDAY,
Defendant
CI~ ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is CHERYL A. WILDAY, an adult individual residing at 804 Fo.urth Street,
New Cumberland, Cumberland Co.unty, PellDsylvania 17070,
2, Defendant is GARY L. WILDA Y, an adult individual residing at 804 Fourth Street,
New Cumberland, Cumberland Co.unty, PellDsylvania 17070,
3, Both Plaintiff and Defendant have been bona fide residents in the Commonwealth o.f
PellDsylvania fo.r at least six (6) months prior to filing this complaint.
4, The Plaintiff and Defendant were married on August 9, 1969 in Olean, New Yo.rk.
5. There are no. minor children existing o.fthis marriage,
6, The parties separated o.n November 8, 1999,
7, There have been no. prior actio.ns fo.r divorce o.r annulment between the parties,
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8, Neither Plaintiff nor Defendant is in the military o.r naval service o.fthe United States
o.r its allies within the pmvisions of the Soldiers' and Sailo.rs' Civil Relief Act ofthe Co.ngress of 1940
and its amendments,
9, Plaintiff has been advised that counseling is available and that Plaintiff has the right
to. request that the Co.urt require the parties to participate in co.unseling,
COUNT I - DIVORCE
NO FAULT
10. The averments in paragraphs I through 9, inclusive, o.f Plaintiffs Co.mplaint are
incorporated herein by reference thereto.,
II, The marriage is irretrievably bmken and no. po.ssibility o.f reconciliatio.n exists.
WflEREFORE, Plaintiff requests entry of a divo.rce decree in her favor in acco.rdance with
S 3301 o.fthe Pennsylvania Divo.rce Co.de,
COUNT IT
EOUlTABLE DISTRIBUTION
12, The averments in paragraphs I thro.ugh II o.fPlaintiffs Co.mplaint are inco.rporated
herein by reference thereto.
2
13, The Plaintiff requests the Court to. equitably divide, distribute or assign the marital
pmperty between the parties in such pmpo.rtion as the Court deems just after consideratio.n o.f all
relevant facto.rs,
WHEREFORE, Plaintiff requests this Co.urt to equitably divide said pmperty in accordance
with Section 40 I (d) o.fthe Pennsylvania Divorce Co.de.
WHEREFORE, Plaintiff, Cheryl A. Wilday, prays this Honorable Court to enter judgment:
A. Awarding Plaintiff a decree in divorce; and
B, Equitably distributing the marital pmperty,
D""r0ro
Barbara Sumple-Sullivan, Esquire
Atto.rney for Plaintiff
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Co.urt LD, No., 32317
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CHERYL A. WILDAY,
Plaintiff
v,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO,
GARYL. WILDAY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
VERIFICATION
I, Cheryl A. Wilday, hereby certify that the facts set forth in the foregoing COMPLAINT
IN DIVORCE are true and correct to the best of my knowledge, information and belief I
understand that any false statements made herein are subject to. penalties o.f 18 Pa, C,S.A. Sectio.n
4904 relating to. unswo.m falsificatio.n to authorities,
Dated: 1-..5 - ;;l{)Oo
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CHERYL A. WILDAY,
Plaintiff
,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, 2000-217
GARYL. WILDAY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
I, Barbara Sumple-SulIivan, Esquire, do hereby certify that I served a copy of the
Complaint In Divorce in the above-captioned matter by United States Mail, Restricted
Delivery, Certified No.. Z 143 612 085, Return Receipt Requested, on the abo.ve-named
Defendant, Gary L. Wilday, on January 22, 2000, at Defendant's last kno.wn address: 804
Fourth Street, New Cumberland, PA 17070, The original receipt and return receipt card are
attached hereto as Exhibit "A".
I hereby certify that the facts set forth above are true and correct to the best of my
knowledge, informatio.n and belief. I understand that any false statements made herein are
subject to penalties of 18 Pa, C.S.A. ~4904 relating to unsworn falsification to authorities.
Dated: January 25, 2000
Barbara Sumple-SulIivan, Esqu
549 Bridge Street
New Cumberland, PA 17070-1931
(717)-774-1445
Supreme Court ID #32317
Atto.rney for Plaintiff
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CHERYL A. WILDAY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v,
NO. 2000-217
GARY L. WILDAY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Sectio.n 3301(c) o.fthe Divo.rce Code was filed on
January 11, 2000,
2, The marriage of the Plaintiff and Defendant is irretrievably bmken, Ninety days
have elapsed since the filing and service of the Complaint.
3, I co.nsent to. the entry of a final decree of divorce after service of notice o.f
intention to request entry of the decree.
4, I understand that I may Ipse rights concerning alimony, divisio.n o.fpmperty,
lawyer's fees or expenses if I do not claim them before a divorce is granted,
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5, I verifY that the statements made in this affidavit are true and co.rrect. I understand
that false statements are made subject to the penalties of 18 Pa, C,S.A. Sectio.n 4904 relating to.
unsworn falsificatio.n to. authorities,
/
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CHERYL A, WILDAY,
Plaintiff
: IN THE CO'URT O'F COMMO'N PLEAS
: CUMBERLAND CO'UNTY, PENNSYLVANIA
v.
: NO': 2000-217
GARYL. WILDAY,
Defendant
CIVIL ACTIO'N - LAW
IN DIVO'RCE
WAIVER DF NDTICE DF INTENTIDN TO' REDUEST
ENTRY DF A DIVDRCE DECREE UNDER
~3301(c) DF THE DIVDRCE CDDE
1, I consent to the entry of a final decree o.f divorce without notice,
2, I understand that I may lose rights concerning alimony, division o.f property, lawyer's
fees o.r expenses if! do. no.t claim them befo.re a divo.rce is granted,
3, I understand that I will not be divo.rced until a divorce decree is entered by the Co.urt
and that a co.py 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 o.f 18 Pa,C.S, 94904 relating to unswo.rn
falsification to. autho.rities,
DATE: 9~~cJ.j(}O
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CHERYL A. WILDAY '0
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Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v,
: NO, 2000-217
GARYL. WILDAY,
Defendant
: CIVil- ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Co.mplaint in Divo.rce under Section 3301(c) o.fthe Divo.rce Code was filed o.n
January 11, 2000,
2, The marriage o.f the Plaintiff and Defendant is irretrievably broken, Ninety days
have elapsed since the filing and service ofthe Co.mplaint.
3, I consent to. the entry of a final decree o.f divorce after service o.f no.tice o.f
intentio.n to. request entry of the decree,
4, I understand that I may lose rights co.ncerning alimony, divisio.n of property,
lawyer's fees or expenses if! do. no.t claim them before a divorce is granted,
5, I verilY that the statements made in this affidavit are true and co.rrect. I understand
that false statements are made subject to. the penalties of 18 Pa, C,S.A. Sectio.n 4904 relating to
unswo.rn falsificatio.n to. authorities,
DATE: 1/HI-- tJV
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Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO: 2000-217
GARYL. WILDAY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(c) OF THE DIVORCE CODE
1, I co.nsent to the entry of a final decree of divo.rce without notice,
2, I understand that I may lose rights co.ncerning alimony, divisio.n o.f pmperty, lawyer's
fees or expenses if I do no.t claim them befo.re a divo.rce is granted,
3 , I understand that I will not be divorced until a divo.rce decree is entered by the Co.urt
and that a copy o.f the decree will be sent to me immediately after it is filed with the pmthonotary,
I verilY that the statements made in this affidavit are true and co.rrect. I understand that false
statement herein are made subject to the penalties of 18 Pa,C,S, ~4904 relating to. unswo.m
falsification to autho.rities,
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