Loading...
HomeMy WebLinkAbout00-03450 ~,'~ ,,-" ,,--,," "^/" -,- ,,", -,.,-;,'-.--., ,.,'. --, <-;--,-;, ~ )'.0, _,~ " ~- ,<--'.; ,- ,,- ;...- ~, - -~, ,--. ~"-:""--:,;,:_;-,-',~:-,>:;';',,.f>~'''''-i.- ,,~, -";-~, ~'~d8~~~'A-- -~\,-;- ~-,; ,,;. ,-:i<- ,-_,,,,,".':'; _ < ~ ~3-X-::~~:,<<;;:,"::~:'C(;~3E~::::~~:::<<~~:::'~::C~::::~~::.>r-::~~::<<;:::::~~a.':::;~3E~'::::~!:'C;~:}::.;(')>>:~;::-::~~:'C~~'X.X;;~3E~;::-;~:'C~t::~!::"'~::~~:'.:~S>K;:~::C:4Z~:.~A,~~8:!W~::C'(':~~3E~f:~<C~~::~~:}:cm~!I~,,,, ~ t i'" fI!, , d ~ i w d ~ IN THE COURT OF COMMON PLEAS ~ ~ x * ~.~ ~ ~ ~ ~ ~.' ~.S ~ ;"S * ~.'; ~ ~ ~.~ ~ ~'S ~ ;..; ~ ~'S ~ i4 ,t~ ~ a ~~~ ;'.s ~ ~~ . ~ ~t I k~ I ,'" ~.~ ~ ~ ~ \'.~ "'i W ~.~ ~ ~ ~~ ,.,,' ~ ~.~ OF CUMBERLAND COUNTY STATE OF ~~~~~~~~~n~~~~~~~~~~~~~'~'~~~'~"~~~~~~ I II ,J)AR~~YL ~~,u.~$~JMr.J:.L PENNA. Versus n. mn~Plain-ti~ffnn~u~, N o. ,~.9!:::}4.'?,!Ln nnn,''''n."" 19 ~GII);:RX):.~~,~~$~r,L'm~ mmDefendant~ DECREE IN DIVORCE AND NOW, ' . , , ,~\J~, 'l.r . . . , . . ., . , xD .200.1., it is ordered and decreed that. , . .. .. . , . . Dt\RRYL. R.. SMALL. .. , . . .. .. ,. , . ,. , . ", plaintiff, and".,.",.,.......... .CHERYL .E.. SMALL......,..........., 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; ~~ THE PROPERTY SETTLEMENT AGREEMENT DATED MAY 15, 2001 IS . . , ~'~COR~ORATE'D . HEREIN' B'UT . Do'ES ' NO'T . MERGE' wr'TH' THis' DECREE'.' . . . , ~ ~ ~.~ ?'.~ ~ ;.~~ ~ ~ J~ i..s * i ~~ . fl i . - . ~ . -~ - ~ - ~.)<::.::"< ':~.::C.,:: "~.;.,: ':.>>::~::, ':~.:~;::~.:<<.;" ::;>>:~;,: ":'.:::+::;'::: )t+::.< .::.:.+::~;:: ":<+::.;..: :::,;:C.;,: ":.::.>-: ,::.::+:)::. ::,~::.::;.:: :',.::.::.;.- ":.:'.::.": ",;::.::.: :'.::.::.... ~.~ * ~ a ~.~ ~ ~ ~ ~;.~ ~ ~~~ ~ .',,', ~ ~ I ~ ~ ,;0" ';.i ~ ~.~ ~ ~" M ts ~ ~ i',. M ~ ~ ~~~ ~.~ J to', ~.~ * ~',:, ",,' * ~.~ ~ ~ ~ ~'s ~ ~ ~.~ ~ ~.~ ~ ~.!: ~ ~.~ ~ $ ~ '.' ~ \'.~ ~ y ~ :;~:..::~::: ):..::< ::.::+;. : :::.::.::'-::::;~::.::<>::.::.' _:"::.::": ::';'::+::";: :,"::.::'" :':.::.::/ -. ,., , - .~,~- . '- , - . -,<' ."",.,-, (,.~(}I w- ~ ~ z; _.#- ,1 //- ? "","I '71~;:;N if> 4 ~ ~ . - - ~ , ".. J" ., ", .n ,..~ '" .-;J , H. . I , PROPERTY SETTLEMENT AGREEMENT ./-1, THIS AGREEMENT, made this IS day of AtIiI7 2001, by and between CHERYL E. SMALL, residing at 159 Ken-Un Drive, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE," and DARRYL R. SMALL, residing at 10 Strawberry Drive, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "HUSBAND:' .;; -~ WI TNESSETH: WHEREAS, the parties were lawfully married on June 2, 1990 in Carlisle, Cumberland County, Pennsylvania; and WHEREAS, in consequence of disputes and unhappy difficulties, the parties have agreed to live separate and apart during their natural lives; and WHEREAS, the parties are desirous of settling their existing properly rights including an amicable equitable distribution, assignment and division of their property, which property is considered to be "marital property" as defined in the Divorce Code known as Act 26 of 1980, and amendments thereto enacted into law on February 12, 1988; and ! ~.~ " NOW THEREFORE, in consideration of the promises and the mutual undertaking herein contained and for other good and valuable consideration, the parties, intending to be legally bound, agree as follows: 1 , Separation. The parties shall hereinafter live separate and apart. Each shall be free from interference, authority, and control, direct and indirect, by the other as if he or she were single and unmarried. 2. Control of Agreement. The provisions of this Property Settlement Agreement shall govern all past, present, and/or future claims for alimony, support, counsel fees and costs, alimony pendente lite, equitable distribution, or other property rights, and all other claims which the WIFE or HUSBAND has or might have against the other except as set forth hereinafter. ~ ~ ,.'. . - , .'",. '" ~ ,-,,-, -';;;-. -.,--,"", " -~"'+""'<;>,,,,,, , 3, Divorce. HUSBAND filed a Complaint in Divorce on June 7, 2000, which is docketed to No. 00-3450 in Cumberland County, Pennsylvania. Simultaneously with the execution of this Agreement, the parties agree to sign and file any and all documents necessary to obtain a Divorce Decree under !l3301(c) of the Divorce Code, including but not limited to, Affidavits of Consent, Affidavits Waiving Marriage Counseling, and Waivers of Notice of Intent to Seek Divorce under !l3301(c) of the Divorce Code. The parties intend that this Agreement shall be incorporated into any forthcoming Decree in Divorce. 4. Real Properly. The parties acknowledge that they are the owners as tenants by the entirety of real property, which is also considered marital property, located at 159 Ken.Un Drive, Carlisle, Cumberland County, Pennsylvania. The home is presently encumbered by one (1) mortgage in joint name in the approximate amount of Eighty Three Thousand ($83,000.00) Dollars as of separation, WIFE agrees to immediately refinance the joint mortgage into her name so as to remove HUSBAND from any liability in connection therewith. WIFE shall be solely responsible for the costs associated therewith, with the exception of the cost of deed preparation, which shall be equally divided between the parties. The parties acknowledge and represent that there are no other liens and/or encumbrances on this property. Upon the successful refinance of the marital home, WIFE shall make a one (1) time lump sum cash payment to HUSBAND in the amount of Six Thousand ($6,000.00) Dollars. The parties further agree that WIFE shall be entitled to exclusive possession of the marital home and shall retain the marital home, specifically including any equity therein which the parties approximate to be One Hundred Eleven Thousand, Five Hundred ($111,500.00) Dollars, as her sole and separate property; .t'",Lu~~f,:. free and clear of any riqhi, title, claim and/or interest of HUSBAND, Simultaneously with the fi:X'ilsl:ltiQl'1 gf ''',~a or {~f ~N-:f. r~./"~,,, '"/ fh. f~"7'-,~f- .F7r617lJC',QD -n 11i/J"(J4-1/Q ., 5h~ ..1 r / tt:lill AglceFflent HUSBAND shall waive and transfer all of his right, title and interest in a,':!~.d9 thftrarital home to WIFE, and shall immediately sign any and all deeds and/or other docume~ecessary to accomplish the above. j Except as inconsistent with Paragraph 5 below, WIFE shall be solely responsible for timely payment in full of all bills in connection with the marital home, including the mortgage, taxes, insurance, utilities, repairs, and general maintenance, and WIFE shall indemnify HUSBAND and hold him harmless with respect to any liability in connection with the marital home and/or with respect to her non-payment or non- performance of the above obligations until such time as the refinance is complete, ,-,,;:'''''-~ -<._ ~--h . L,,_ ~'" " " 5, Joint Savings Account with Members First. The parties have a joint savings account with Members First Credit Union. The funds therein shall be used to pay the real estate, property and any other tax with respect to the marital home, including school and county taxes, which are due in the year 2001, These funds shall also be used to pay the parties annual automobile insurance premium which is due in Mayor June of 2001. In the event there are any funds remaining after the above expenses are paid, the parties shall equally divide such excess. In the event there are insufficient funds in the joint savings account with which to pay the above expenses, the parties shall be equally responsible for the deficit. Once the account has been emptied, it shall be closed. 6, Savings Bonds. HUSBAND shall retain the value of the parties jointly held savings bonds that he cashed in which approximate Two Thousand Six Hundred ($2,600.00) Dollars, WIFE waives any right, claim, title and/or interest to these funds, 7. Charles Schwab Account. The parties own a jointly titled Charles Schwab Account which approximates Eight Thousand ($8,000,00) Dollars. HUSBAND shall retain this account as his sole and separate property, free and clear of any right, title, claim and/or interest of WIFE. In the event that HUSBAND elects to liquidate this account, he shall be solely responsible for any costs, fees, expenses, taxes, penalties, and/or any other charges in connection with the liquidation, Furthermore, HUSBAND shall claim this investment on his individual tax returns beginning with the tax year 2001, 8. Certificate of Deposit. The parties jointly own a Certificate of Deposit (C.D.) with Members First Credit Union in the approximate amount of One Thousand ($1,000.00) Dollars. HUSBAND shall retain this as his sole and separate property, free and clear of any right, title, claim and/or interest of WIFE. In the event that HUSBAND elects to liquidate this C.D., he shall be solely responsible for any costs, fees, expenses, taxes, penalties, and/or any other charges in connection with the liquidation. Furthermore, HUSBAND shall claim this investment on his individual tax returns beginning with the tax year 2001. 9. Sterling Financial Stock. HUSBAND shall retain as his sole and separate property, the Sterling Financial Stock valued at approximately Eight Hundred ($800,00) Dollars. In the event that HUSBAND elects to liquidate this stock, he shall be solely responsible for any costs, fees, expenses, taxes, penalties, and/or any other charges in connection with the liquidation, Furthermore, HUSBAND shall claim this investment on his individual tax returns beginning with the tax year 2001. -.';;"" . '-~" ~ . ,~,--~ dO"" ,';"_ _." ~~~-'., , 10, Employee. Pension and Retirement Benefits. The parties acknowledge that HUSBAND is the owner of a Thrift Savings Plan, IRA and FERS Account, and WIFE is the owner of a 401(k) and two (2) IRAs which represent retirement funds. The parties further acknowledge that they are satisfied with the disclosures made regarding these retirement plans and the funds contained therein. Except as inconsistent herewith, each party shall retain as his or her sole and separate property, any individual retirement account, and/or retirement benefit plan (including but not limited to pension or profit sharing plans, deferred compensation plans, FERS plans, defined benefit plans, 401(k) plans, employee savings and thrift plans, IRA's, annuities, or other similar benefits), whether vested or non-vested, The above shall specifically include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. Furthermore, each party shl3l1 be and remain the sole owner of any other asset in his or her control not specifically covered by other provisions of this Agreement Should it become necessary, each party agrees to immediately sign any documents necessary to give effect to this section upon request of the other party. WIFE agrees to immediately transfer Fourteen Thousand ($14,000.00) Dollars to HUSBAND from her IRA with FiServe, and Two Thousand Two Hundred ($2,200.00) Dollars from her IRA with Member's First These funds shall be transferred into an IRA to be established in HUSBAND'S name, or into one of HUSBAND'S already existing retirement plans, whichever he prefers, HUSBAND shall notify WIFE of his preference as soon as possible, and shall be responsible to compile the information necessary to facilitate the transfer of funds. If necessary to complete the above transfer, the parties agree to use Pension Appraisers, Inc, to draft a Qualified Domestic Relations Order (QDRO) and further agree to be equally responsible for the cost thereof. The parties shall be equally responsible for any and all costs, fees, expenses, taxes, penalties, or charges whatsoever in connection with the above transfer. It is not anticipated that HUSBAND will liquidate the above funds, however if he chooses to do so, he shall be solely responsible for any costs, fees, expenses, taxes, penalties, or charges whatsoever in connection therewith. 11. Personal Property. All personal property has been divided to the parties mutual satisfaction. Each party shall retain all items of tangible personal property currently in their possession as if it were their sole and separate property, except that HUSBAND shall be entitled to the shop cabinets from the garage of the marital home, and a shelf unit in the shed, both of which shall be removed by HUSBAND within one (1) year of the entry of the Decree in Divorce. HUSBAND shall be solely responsible for the removal of these items, and for I3ny damage that such removal may cause, - ~. . .~=. ., .id~~_ Neither party shall make any claim to any other items of marital property, or of the separate personal property of either party which are now in the possession or under the control of the other. Furthermore, except as inconsistent herewith, each party agrees to waive any right, title, and/or interest they may have to the property in the possession of the other. Should it become necessary, the parties each agree to sign upon request, any titles or documents necessary to give effect to this paragraph, 12, Lawn Tractor and Snowblower. The parties own a riding lawn tractor and snowblower, both of which shall remain with WIFE to assist with the maintenance and upkeep of the marital home, HUSBAND agrees to waive any right, title, claim and/or interest he may have in these items, 13, Home Theater System. HUSBAND shall retain as his sole and separate property, the home theater system valued at approximately Six Thousand ($6,000.00) Dollars. 14, Automobiles. HUSBAND shall retain the 1995 Chevy S-10 Pickup Truck valued at approximately Six Thousand ($6,000,00) Dollars, and the 1990 Chevy Corsica valued at approximately Two Thousand ($2,000,00) Dollars as his sole and separate property, free and clear of any right, claim, title and/or interest of WIFE. HUSBAND represents that neither of these vehicles are encumbered, WIFE shall retain the 2000 Chevy Impala, subject to any and all liens and/or encumbrances thereupon for which she shall bear sole financial responsibility, free and clear of any right, claim, title and/or interest of HUSBAND. This vehicle is jointly titled and WIFE agrees to immediately refinance it so as to remove HUSBAND'S name from any liability in connection therewith. WIFE shall be responsible for all costs in connection with this refinance, The parties agree to indemnify and hold the other harmless with respect to any encumbrance on their respective vehicles. Each party agrees to waive any right, title or interest he or she may have in the vehicle of the other, and promptly sign any and all documents necessary to effectuate the provisions of this paragraph. More specifically, HUSBAND agrees to take whatever steps necessary to transfer title to the Chevy Corsica into his name individually. HUSBAND shall be responsible for any and all costs in connection with this transfer. 15. Spousal Support / Alimony. Each party specifically waives any past, present or future claim for spousal support, alimony pendente lite and/or alimony against the other party. , '-,,' ," '.k. ;,' -', '.-' ,-', -,~, '"'~,. Lltiill~_-! 16. Credit Card Debt. There are no joint credit cards in existence and all marital credit card debt has been satisfied in full. Any joint accounts remaining in existence shall be closed immediately. Any other credit card debt not specifically addressed in this Agreement shall be the sole and separate responsibility of the person who incurred such debt, and that person shall indemnify and hold the other harmless with respect to any and all liability in connection with the same, 17. Life Insurance. Each party shall retain as their sole and separate property, any life insurance policies, specifically including the cash surrender value, of which they are the owner. Each party hereby waives any right, title, claim and/or interest in and to the other party's insurance policy, specifically including its cash surrender value, 18, Miscellaneous Debt. Any debt not specifically listed in this Agreement or incurred after the date of separation shall be the sole and separate responsibility of the party who incurred it 19. Agreement Executed Voluntarily and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she respectively: A, If fully and completely informed as to the facts relating to the subject matter of this Agreement, and as to the rights and liabilities of both parties; B, Enters into this Agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind; C. Has given careful and mature thought to the making of this Agreement; D, Has carefully read each provision of this Agreement; E, Acknowledges that there has been a full and fair financial disclosure by both parties, and fully and completely understands each provision of this Agreement 20. Release of All Claims. Each party releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred. Moreover, neither ='_c..~. -, ,d, ,_ ..,_" , ~ . ,;" .,C,.",- ',"_"',, -~1 party is relieved or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. 21. Holding Other Partv Free and Harmless. HUSBAND hereby warrants to WIFE that he has not incurred and he hereby agrees that he will not hereafter incur any liability or obligation on which she is or may be liable. If any claim or action is brought attempting to hold WIFE liable for any such liability or obligation, HUSBAND shall, at his sole expense, defend WIFE against any such claim or action whether or not founded, and he shall hold her free and harmless therefrom. WIFE hereby warrants to HUSBAND that she has not incurred and she hereby agrees that she will not hereafter incur any liability or obligation on which he is or may be liable. If any claim or action is brought attempting to hold HUSBAND liable for any such liability or obligation, WIFE shall, at her sole expense, defend HUSBAND against any such claim or action whether or not founded, and she shall hold him free and harmless therefrom, 22. Addilionallnstruments. The parties shall, on demand, execute and deliver to the other, any document, and do or cause to be done, any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails, on demand, to comply with this provision, that party shall pay to the other, all attorney's fees, costs and other expenses reasonably incurred as a result of such failure, 23. Full Disclosure. The respective parties do hereby warrant, represent, and declare, and do acknowledge and agree that each is satisfied with the financial disclosures made from the other. The parties acknowledge that although within their right to request, no formal discovery was done in this case, and that they are satisfied with and cognizant of the wealth, income, real and/or personal property, whether jointly or individually titled, estate and assets of the other, and any further enumeration or statement thereof in this Agreement is hereby specifically waived, The parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself that his or her heirs, personal representatives and assigns, that he or she will never at any time hereafter sue the other or his or her heirs, personal representatives or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full and proper disclosure. The parties specifically acknowledge that they have been advised by their individual counsel of their right to seek such discovery, however have elected to waive the same. Further, both parties waive their right to have the inventory or financial disclosure statement of the other attached hereto, and understand that this Agreement shall not be subject to modification by the Court. "~. - ""~.~ ,. ~. < " , ";':,,..,' "",""' I~;b ,. 24. Representation of the Parties. WIFE is represented by Johnson, Duffie, Stewart & Weidner, in connection with the negotiation and preparation of this Agreement. HUSBAND is represented by the Law Office of Michael J, Hanft. Each party has carefully read this Agreement and is completely aware not only of its contents but also of its legal effect. Each party acknowledges and accepts that this Agreement, in the circumstances, is fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal Agreement and/or Agreements. 25. Waiver of Rights to Other Partv's Estate. Except as provided for herein, HUSBAND and WIFE each waive any and all right: A. To inherit any part of the estate of the other at his or her death, except as provided herein; B, To receive property from the estate of the other by bequest or devise except under a Will or Codicil dated subsequently to the effective date of this Agreement; C. To act as personal representative of the estate of the other on intestacy unless nominated by another party legally entitled to so act; D, To act as the personal representative under the Will of the other unless so nominated by a Will or Codicil dated subsequently to the effective date of this Agreement; E. To claim a family allowance in the estate of the other. 26, Containment of Entire Agreement Herein. This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties relating to the rights and liabilities arising out of their marriage. This Agreement contains the entire agreement of the parties. 27. Partial Invalidity. If any portion of this Agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way, 28. Effect of Reconciliation. Cohabitation or Divorce Decree. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to the parties. This ~ ." ^," ^ - ~. ~ ,'-' ,- - '0 < -,< ,-C" ,,~,,-..,-- '<- -, " -Jl'~'" " Agreement shall survive any such final judgment or Decree of Divorce. Both parties shall have all rights and enforcement under applicable law including the Pennsylvania Divorce Code, This Agreement shall also remain in full force and effect even if the parties effect a reconciliation, cohabitate as Husband and Wife, or attempt to effect a reconciliation. 29, Modification. This Agreement shall not be subject to modification except as in accordance with Pennsylvania law and with a writing between both parties evidencing their intent to modify the Agreement. 30. No Waiver of Default. 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 any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 31, Attorneys Fees and Expenses. Each party shall be responsible for their own attorneys fees and expenses, 32. Mutual Cooperation. Each of the parties shall, on demand, execute and deliver to the other, any deeds, bills of sale, quit claims, assignments, consents, tax returns, and other documents and do or cause to be done any other acts or things as may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 33, Bankruptcy. Each of the parties acknowledges and agrees that with respect to the liabilities each is required to assume and pay under the provisions of this Agreement, each has the ability to fulfill his or her respective obligations from income or property not reasonably necessary to be expended for such party's maintenance and support or for the maintenance and support of such party's dependents. Should either party file a Petition under Title XI of the United States Code, or should a petition be filed against either involuntarily, each party acknowledges and agrees that the obligations under the terms of this Agreement shall be satisfied in full and shall not be discharged in the bankruptcy, Furthermore, each party acknowledges and agrees that the discharge of the debtor party's obligations under this Agreement will not result in a benefit to the debtor party that outweighs the detrimental consequence to the non-debtor party, '--'. ,-' ~ -,.,-" ,<,,;0__ ,,~_=_ hJll;i~.,,_.; .- 34, Law of Pennsylvania Applicable. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, 35, Date of Agreement. The effective date of this Agreement shall be the date on which the last party executes the Agreement if the parties do not execute the Agreement on the same date, Otherwise, the effective date will be the date that both parties execute the Agreement if they execute on the same date. 36. Successors and Assigns. This Agreement, except as otherwise expressly provided herein, shall be binding on and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors and interest of the parties. IN WITNESS WHEREOF, the parties hereby have hereunto set their hands and seals the date and year first above written. WITNESS: ~.~k (g~&{OI Da e '1J) ;II. ~ s/Jsfor . , Date ~1L~ :145861 " , -,~ "'-. ,>,-.. -, '-"- '--"'-""-~ - ~o 1<.'. ~ '. , ~." COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF On this, the ~ day of ::::f\M\.(... , 200~, before me the undersigned officer, personally appeared CHERYL E. SMALL known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. j;~~'.~ ~ Notary Public NOTARIAL SEAL BELINDA K. SMITH, NOTr~RV PUBL.IC HANOVER. VORK COUNTY. PA. JRi COMMISSION EXPIRES SEPT. 15. 2001 COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cu.m~ ss: a.,oJ( On this, the IS day of ~ ' :WOO, before me the undersigned officer, personally appeared DARRYL R. SMALL, known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument and acknowledge that he executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. c~ t:NO~ ._J ~"'c;;. liIII!lllill,j~h 1ll!lllliMi""~.SIIUUiitili1lr ~-~-~- ~, ~ - ,'., ~~ ~ 1IM1IIiII.... ~" " '.. .- c~ f;:') () c:: ''',1 'Z'~ ~ .,,-,~ - -c lJ,; ~;c, -, tri' , '" :;~,::.rj' ~-9 if0 S-~: (:::::.) -, <, j CJ r::: .+\'1 .~.,. ~~i ~ S,::2 ::;~:: F-5 ,--'.., 1'11 Jt. c: t-'.....) e--', '-~ ,- 7;~ 7 ~':> -, ~jJ =< (P -< ~~ ,m ~ ,.,..:,..-, 'f,. i',.' ,,;,.," _.~-, ;:~,,~-,' ,', 'c,.ie,'", ';; ";;.,;,,,-;-.(i;'~-,~i_L >' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DARRYL R. SMALL, Plaintiff v. CIVIL ACTION - LAW NO. 00-3450 CHERYL E. SMALL, Defendant 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 the complaint: Via U.S. certified mail, return receipt requested, restricted delivery - Complaint was mailed on June 8, 2000 and received on June 20, 2000. 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; May 15, 2001; by the Defendant; June 6, 2001. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice m g3301(c) Divorce was filed with the Prothonotary: June 12,2001; Date Defendant's Waiver of Notice in g330 1 (c) Divorce was filed with the Prothonotary: June 15,2001. LAW OFFICE OF MICHAEL 1. HANFT By '2J .~ Richard L. Webber, Jr., Esquir Attorney J.D. No. 49634 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Date: t~,IOI Attorneys for Plaintiff F:\User Folder\Finn Docs\Gendocs2001 \1655-1 praecipe.transmit wpd ,-" - ~,- , -'......... 0 0 () c: " s: (,- -0,,, c= ,,' mrn :::~ Z:;:.l , ze,: Ci OJ ^~, (J)",: {'-;~~=.\ -<<c ~C; -0 r" _~ )>C ~ ~~2 (:) Zc Pc I)? Grn ,..., ~ N ....;....... ::rJ \0 -< -'''-''"'.; - ,,~~ " -,~"-,'--,';'--'; . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARRYLR. SMALL, Plaintiff v. CIVIL ACTION - LAW IN DIVORCE NO. 00- ..34S'O GO'{ y~ CHERYL E. SMALL, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS 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 of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TillS 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, P A 17013 (717) 249-3166 "'-,-,~ c;'" ,'" ,'-. ="- '-"<" ~'-';"""'''' ,",,-,,~ -':'-'~P."ii'_'-;c';;~'~;'"'~' """, ",lit:, . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARRYLR. SMALL, Plaintiff v. CIVIL ACTION - LAW IN DIVORCE NO. 60- 3'1SD ~ I~ CHERYL E. SMALL, Defendant COMPLAINT IN DIVORCE AND NOWcomes Plaintiff, DARRYL R. SMALL, by and through his attorney, Richard L. Webber, Jr., Esquire, and files the following Complaint in Divorce, and in support thereof avers as follows: l. The Plaintiffis Darryl R. Small, who currently resides at 159 Ken Lin Drive, Carlisle, Cumberland County, Pennsylvania, since 1992. 2. The Defendant is Cheryl E. Small, who currently resides at 159 Ken Lin Drive, Carlisle, Cumberland County, Pennsylvania, since 1992, 3. The Plaintiff and Defendant are sui juris adults, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on June 2, 1990 in Carlisle, Cumberland County, Pennsylvania. 5, There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiffhas been advised of the availability of counseling; and that Plaintiff may have the right to request that the Court require the Parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. .'0.'0->" WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant Respectfully submitted, - a~...........-::: Richard 1. Webber, Jr., Esquire Attorney ill No. 49634 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 ~ ~ . ~ >.'- '-'-,,,,- . ~",,j"~,,,,-,,,-, - ,'...;, ,"";-,: 'C_' VERIFICATION I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S,A. Section 4904, relating to unsworn falsification to authorities. n~~P'{ /}A L( Darryl R. Smal Plaintiff Date: S" - 3/ - ()O ."'_~ ,co _ ~__ .iII:.fuh..~ -- - .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DARRYL R. SMALL, Plaintiff v. : NO, 00-3450 CIVIL TERM IN DIVORCE CHERYL E. SMALL, Defendant AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) 1. 7,2000. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on June 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of 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. 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 of18 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. Date: S /15 /or , I oJi~. f iP I~ arryl R. Sa, PlaintIff F:\User Folder\Finn Docs\Gendocs200I\16SS-1affidavit.consent.wpd ,. -,..-.",," " .'r ,'"" -",.>-,0_; "". II~~- ;"..!.;. Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson J.D. No. 78243 By: Mark C. Duffie J.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant DARRYL R. SMALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-3450 CIVIL TERM v. CIVIL ACTION - LAW CHERYL E, SMALL, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on or about June 7, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. ~4904 rei to unswom falsification to authorities. f i Date: (01(0 _Df I : 146234 " ~'- "~""'~-I ..--"' ~ L~~i , ,-..,.< J;l:,C.~'x~5i1I ..:0,' ~' '" ~ , ,~ () 0 C - C) :?" -,., :-0 ","" !o=: mC;:! _ Ii, ...,.... !; :ci ""- d55:. - :::s:>,. 0:> f:2c ::,,:? ~c 'b;C, ~...., ""c:;: ':? ?i "-) 0) "'. .^-.'~, .-'~'l"'.,<-i"-- . , -, '#0 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARRYL R. SMALL, Plaintiff v. : NO. 00-3450 CNIL TERM : IN DNORCE CHERYL R SMALL, Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330HC) 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! 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 ofthe decree will be sent to me immediately after it is filed with the Prothonotary. I veritY 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. 94904 relating to unsworn falsification to authorities. Date: 5/15/61 -v~~~ Darryl . Small, PlamtIff illI- ". -,-" , ->>-'''--''.',,',,- _.0-'.-_ - :U''d!.d.'~h, Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson LD. No. 78243 By: Mark C. Duffie LD. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant DARRYL R. SMALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 00-3450 CIVIL TERM v, CHERYL E. SMALL, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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. ~904 relating to unsworn falsification to authorities. Date: (p /tillll :146234 '-~" ",',' '-~ii'" =. ~""'~~.....",,~~ .d~ -. ~ -"-j' "".. ""- ",', -. " c_, . 0 0 (3 C .'l'i s: , "'OW C rnrn z Z:"Ci -";:-:1:9 zc 0::> ~:~ '~)() ~CJ """(' - :::::~ p." :;~ -"-;;:C) Z\...,' -~(I ;;? orn )>E :.;! ~ '" 'JJ -< 0-. "< Il1 .'_._'C - ^ , "'~ -"-.,',---;~, -- . ';',_>h"-,, _.~ ( -... .. " , II j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARRYL R. SMALL, Plaintiff v. : NO. 00-3450 CIVIL TERM IN DIVORCE CHERYL E. SMALL, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYL VANIA : SS COUNTY OF CUMBERLAND Denise 1. Nye, being duly sworn according to law, deposes and says that she mailed the Complaint in Divorcein this matter by certified mail, return receipt requested, addressee only, to the Defendant, Cheryl Small, 159 Ken Lin Drive, Carlisle, PA 17013 on June 8, 2000. The return receipt signed by the Defendant is evidence of service and is attached hereto as Exhibit "A". ~ C4. )zg<- Denise 1. Nye 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Sworn to and subscribed before me this P day of ~ 2000. Nolarlal Seal T~rry E. Wplh}l_ Nt.:;~3ry Public SrAl1-t~fvfit.l!~idOrl ;'_:'!; -"e. .,;,;;..'I'J.,'. n~~~:.,":t.~ My Conlmlsslon :~~~.W-B,r.. ll.<?r, :"i, ..:J03 Member,PennsylvanIaAssOclallOnOINolaI1eS U-:~.I~ N ary Pubhc F:\User Fo!derlFirm Docs\Gendocs2000\ 1655-1 affserv .2,wpd .-,-;-',,-- 'I I , I i , [ I I I ,~ (.~ ~. ,.. ... ,," ~'''- ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARRYL R. SMALL, Plaintiff v. NO. 00-3450 CIVIL TERM IN DIVORCE CHERYL E. SMALL, Defendant . Complete items 1, 2, and 3. Also complete item 4 if Restricted Derive!)' is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: th en; / E:. Sma II /Sq J<en /"';n br;ve.- Ca-r/;sle PA /70/3 / Postage $ Certified Fee 3. Serv9 Type.". /" 0'Certified Mal1"-_D Expr~Mail -.~~ . _.,~.. "'-_'''"='''" _ '-:--":,D_fl.egistered 0 Retum Receip ~ _~__- .- - O::lnsured Mail 0 C.O.D. .=r - _~,. "_.~,",-~ -- - - ~:' Re~trjdeJ\De[jvery? (Extra Fee) n1 2.- Art,lcle Nu_~ti.i(coPYfromservic~j<!bel}-: .t _ . V" c -'_~. -j g: ~ ~ .~ ';"0"'0' '~"', "- 70.9 '1:.2. Lith) I7nJ d-. 4,;}-'-I& D r'- PS Forrrr381"1~"July 1999 -- - ..- ...~<-~ Domestic Rehrm=-A~'c~iPt ~ L. /&SS. I Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement RequIred) Total Postage & Fees ~" "< ^, . "" ~ ''', --.;. - - ~-,' -'c -"''''''-' ' ,',' " =~,~ .= ... - -', ",~' - -C.-J .. ", ,_y ',';'C; ',;,,,e' '^ " r-nr;::; ~;:: ^ ::--D zjj ,"] zr""- f'J r_;:; (J)""J->. r"0 ~..~ CiJ -<:=;:.::: ~~j~, r::; c- j ..,., )> C; -,~ Z C - (j 5> c:. N :''J rn Z i'.) :::;:j =< =< -'- -_e' ... , '" I L - ,----~-, " , - -, ;r , - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARRYL R. SMALL, Plaintiff v. : NO. 00-3450 CIVIL TERM : IN DIVORCE CHERYL E. SMALL, Defendant AFFIDAVIT Darryl R. Small 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 III 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 by the court. I verify that the statements made in this affidavit are tnie and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. Date: 5/15/01 I I ~ tf!~ Darryl ~ 1, Plaintiff F;\User Folder\Finn Docs\Gendocs2001\1f,55-1affidavit.2wpd.wpd ..; -~. "~ F I I , !, I ,: f' l L li " , ); b Ii Ii t l.~ ;;