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HomeMy WebLinkAbout97-06003 .^, ,'" :f " . -7 c{ VJ ;1 / I' ~ i ~[ JI c() 8 .." I t- O' " II ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ll~ l~ ~ ~ ,~ 8 ~ 8 , , , , , , , , . ' , _ _ _ ' , ,~"ll1\J!!,l_ _,.,. ,~~E;l~Y , . ' , , ' , ' . . . . . . . -. defendant, 8 are divorced from the bonds of matrim~n . Further, the Matrirrooial Sett1emen .. Agreement executed by the plrties on Feb 3 199B is il1COrporated herein for <' pJ.rp05eS of enforcement only but otherwise 1iI11 not t.e rrerged into said Decree. 8 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; 8 . * 8 . t. ,(cCC' Ie t, ,'v ,;.0;, ,:.;.- 'Wo- -:.:' .x' ".;, ':.:_ ,:.;- -:.:, -:.,.:.:':.,. ".;, :.; :.::.::.: :.; ".,. ".;,;.:- ,:0;: -x-' .:..:: ':a:.~ .-..1.,\ .~.*..~.~,.~.,~..~.~.~..~.~..~.~.,~.~.~'~'~.~..~~.~..*,.~.~*,~..~*~.~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~! PENNA, JERELYN L. SEELY, [\; 0. 97::600.) CI"'Ir.~f:Rtl) Plaintiff \'.'1',';11:; ~ SAMUEL A. SEELY, ~ ~ Defendant ~ DECREE IN DIVORCE .~_\'1. 19~?. it is ordered and ~ ~; - ) ~~ 'i ~l M. ~I ~I ~!) ~, ~l ~i ~I ~ AND NOW, decreed that. , ' , , ." . , ,_ . Je,r,elyn,L" S.eE!ly. _ ' ' , _ ' , , .. . ' .. ". plaintiff, and, , No claims remain. .....,.,...., .......... ... .... ...., ~ Pro! honol..)' ~ ~ ~ '1 ~,l "I ~i ~! ~: u. .~..:.:. .:.;, ~ I~ I. I. ;~ /, i~ I~ ~ ~ .. ,~ ~ ~ ~ ~ ~ A J. ~ 1$7 a/ {W .A;~ -zf,.-4 ~t: . d .'1'1'~ '7/rlt:, //A';~ ~ ~4 dk,( q !\ i .... " ... ~'''_4'''''''''.au' .......,. _~...."".o_...,..,..,."..."., ... ~ ~.O_H SEIUlATllLJ, SCHIFFMAN. BROWN & CALHOON. P.C. S:'m2ol .IOAO l..>>ic;UsrUWN IDAu llAwul'W.M 11110-9+45 ,. . u I J!:: HHr j I) J o. .. .. ..... ;::-... MM ... ... -- - , ("\ c .n c,) .n <,' ,:", <" ~, , ., t~. .....q'..; ".\ - ,') .,., ., 1:.\i1 \.~ '.;J. MATRIMONIAL SETTLEMENT AGREEMENT ,., ".: .~ v " ,-- .- ." -', ~ ,"'-. 'p': -:2 ,.o!. rr'. I THIS AGREEMENT, made this i:!..- day of ~AJ.u..-..,,-~~ ...., - 1998, between JERELYN L. SEELY, hereinafter called "Wife" and SAMUEL A. SEBLY, hereinafter called "Husband". ~ .' ,. , ,., WITNESSETH: The parties hereto, being Husband and Wife were lawfully married on November 9, 1987 in Cumberland County, Pennsylvania; There were no children born of the parties; Diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE 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 matters between them relating to the past, present and future support, alimony and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and Page I or III for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasionad the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent nO-fault divorce pursuant to the terms of Section 330l(c) of the Divorce Code in WIFE's Cumberland County divorce action docketed to number 97-6003 Civil Term. As soon as possible under the terms of said Divorce Code, the parties shall execute Page 2 of 18 and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. 3. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 5. NON-MERGER It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to ha~e independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise 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 rqc30f 18 .' other similar statutes now in effect and as amended or hereafter enacted. 6. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE The transfer of property, funds and/or documents provided herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 8. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 9. SEPARATION Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her Page 4 of 18 ~ by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 10. PERSONAL PROPERTY The parties hereto mutually agree that they have divided all furniture, household furnishings, appliances and other household personal property between them, and they mutually agree that each party shall from and after the date thereof be the sole and separate owner of all tangible personal property present in his or her possession. Husband agrees that Wife shall retain the furniture purchased for the home through Blazer Financing and American General Finance. 11. REAL PROPERTY The pa~ties acknowledge that they are joint owners of real estate known as 2200 Fenwick Avenue, Mechanicsburg, Cumberland Coun~y, Pennsylvania 17055. The parties acknowledge that the property is currently listed for sale. Husband and W~fe acknow~edge that there are currently two mor.tgages/loans against th& marital home with Fleet Mortgage, Account No. 72268904, Mellon Bank Installment Loan, Account No. 431-4004949, in the approximate amounts of $79,800.00 and $20,316.54 respectively. The parties agree to be jointly responsible for the payment of the outstanding mortgages and further agree to be jointly Pqc50f 18 .' responsible for the payment of all real estate taxes, insurance and utility bills relative to said real estate until such time as the residence is sold. Upon the sale, and after payment of all mortgages and all credit card debt referred to in Paragraph 13 herein, and costs of sale, the parties shall share equally any remaining proceeds. 12. AUTOMOBILES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 1988 Ford Tempo shall become the sole and exclusive property of Wife. (b) The 1994 Ford Tempo shall become the sole and exclusive property of Husband who agrees to assume full liability for the outstanding loan for the purchase of said vehicle and shall indemnify and hold Wife harmless from any and all liability arising from said debt. The titles or assignment of any lease agreements to said vehidles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles/assignments shall be delivered to the proper party on the distribution date. For the purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien, Page 6 of 18 encumbrance, lease or other indebtedness the party receiving said vehicle as his or her property shall take it subject to said lien, encumbrance, lease or other indebtedness and shall be solely responsible therefore and said party further agrees to indemnify, protect and save the other party harmless from said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 13. DEBTS The parties acknowledge that in addition to the mortgages referred to in Paragraph 11 herein, they are obligated on the following debts. The parties agree to be jointly responsible for the payment of the following debts until such time as the marital residence is sold at which time all debts shall be paid in full, after the payment of the mortgages/loans referred to in Paragraph 11 herein and the costs of sale. If the proceeds are not sufficient to satisfy all credit card debt, then Husband and Wife agree to continue to pay the debts in equal shares until paid in full. Each party agrees to indemnify the other from any loss by reason of his/her default in the payment of said debts and agrees to save the other harmless from any future liability with regard thereto: (a) Pennsylvania state Employees' Credit Union, Account No. Pqe7~ 18 883867341 with an ftpproximate balance of $1922.00; (b) Texaco, Account No. 138161436980002, with an approximate balance of $380.00; (c) A.T.&T. Universal card, Account No. 53942800183, with an approximate balance of $1466.001 (d) First USA, Account No. 4417128678567361, with an approximate balance of $2650.00; (e) Sears, Account No. 548403545, with an approximate balance of $1761.00; (f) J.C. Penney's, Account No. 6084704302320, with an approximate balance of $376.00; (g) A.T.&T., Account No. 5396420012738275, with an approximate balance of $5687.00; (h) Mellon Bank Personal Credit Line, Account No. 15000000040063170, with an approximate ba1an~e of $6996.00; (i) Hecht's, Account No. 803605642, with an approximate balance of $227.00. The parties acknowledge that they are also jointly obligated on tne following debts for which wife agroes to be fully responsible: (a) Blazer Consumer Discount Company, Account No. 3800500322235, with an approximate balance of $971.00; and (b) American General Finance, Account No. 12961508044855489, with an approximate balance of $2744.00. Wife agrees to indeminfy Husband from any loss by reason of Page 8 of 18 her default in the payment of the Blazer Consumer Discount Company and American General Finance debts and agrees to save Husband harmless from any future liability with regard thereto. A liability not disclosed in this Agreement will be the sole responsibility of th~ party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless for any and all such debts, obligations and liabilities. From the date of the execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 14. EMPLOYEE BENEFIT PLANS Except as may otherwise be prov.ided herein, each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whateVer it may be in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, including but not limited to Wife's Retirement and 401(k) accounts provided through Synertech (Highmark Company/ Pennsylvania Blue Shield), and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate Page 9 of 18 . '- --....- - ....., -~~-_. ~ . ~ " I . property in whose name or through whose employment said plan is carried. Further Wife agrees to assume full liability for the b41ance of the loan against her 401(k) with Synertech in the approximate amount or $7,000. 15. DIV!SION OF BANK ACCOUNTS The parties acknowledge that their marital bank accounts listed below shall be closed and the proceeds equally divided between them: a. Mellon Bank Checking Account No. 412-801-0990; and b. Mellon Bank savings Account No. 355-095521. 16. LIFE INSURANCE Wife hereby acknowledges that she currently is the owner of one life insurance policy, specifically: Trans General Life Insurance (Pittsburgh); 1.0. No. 08982, through her employer, synertech (Highmark Company/Pennsylvania Blue Shield), with a death benefit of $50,000.00. Husband hereby waives any interest in may have in said policy. Husband acknowledges that he does not own any life insurance policies at this time. 17. LEGAL FEES Both parties shall be responsible for the payment of the fees owed to thei~ own attorney. Husband and Wife do hereby waive, release and give up any rights which they may respectively ~gelo.of 18 " have against the other for payment of counsel fees. 18. OTHER WRITINGS Each of the parties hereto agree to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement. 19. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: Page II of 18 a. The right to obtain an inventory and appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to a party that property which the court determines to be that parties' non- marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, 'inc1uding but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, custody, visitation, and counsel fees, costs and expenses. 20. FURTHER DEBT Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and Page 12 of 18 " shall indemnify and save harmless Husband from any and all claims or demands made against Husband by reason of debts or obligations incurred by Wife. 21. FURTHER DEBT Husband shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against Wife by reason of debts or obligations incurred by Husband. 22. MUTUAL RELEASE Except as otherwise provided herein and so long as this Agreement is not modified or canceled by subsequent agreement, the parties hereby release and discharge absolutely and forever each other from any and all rights, claims and demands, past, present and future specifically from the following: spousal support from the other, alimony, alimony pendente lite, division of property, cl~ims or rights of dower and right to live in the marital home, right to act as executor or administrator in the other.'s estate, rights as devisee or legatee in the Last Will and Testament of the other, any claim or right as beneficiary in any life insurance policy of the other, any claim or right in the distributive share or intestate share of the other parties' estate. Page 13 of 18 " 23, BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights detennined by this Agreement shall be sUbject to court determination the same as if this Agreement had never been entered into. 24. INCOME TAX PRIOR RETURNS The parties have heretofore filed jolnt federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either or them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. Page 14 of 18 ,. 25. FINAL EOUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 26. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 27. LEGALLY BINDING It is the intent of the parties hereto to be legally bound hereby and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 28. FULL DISCLOSURE Each party asserts that she or he has made a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any Page 15 of 18 ~ manner whatsoever by each of them, of all sources and amounts of income received or receivable by each party, and of ever other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. 29. COSTS TO ENFORCE In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement and both extra-judicial and judicial proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys fees, incurred as a result of such proceedings. 30. AGREEMENT VOLUNTARILY AND CLEARLY UNDERSTOOD Each party to this Agreement acknowledges and declares that he or she respectively: .(1) Is fully and completely informed as to the facts relating to the subject matter and their Agreement as the rights and liabilities of both parties; (2) Enters into this Agreement voluntarily after receiving the advice of independent counsel; (3) Has given careful and mature thought to the making of this Agreement; (4) Has carefully read each provision of this Agreement; Pagel60f 18 .' (5) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 31. AMENDMENT OR MODIFICATION This Agreement may be amended or modified only by a written instrument signed by both parties. 32. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 33. LAW APPLICABLE This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 34. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and Page 17 or 18 . " . subparagraphs herein, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. WITNESS: ~ 'f l~MU' ~ Y JERE N L. SE;;:- rdt~/~44 ;(~. Page 18 of 18 j ,. j'O' ~~~ ~ "- , .\ 0, ~ . f'\ 1,1' l"'; "\\ ~ . \).. .' ~ , \s) l,-" ( , ,-" : ~~~ ~\ \,' , . J l.._ . I l~ \) ~ \. I.>' , I , 1-,' ',.J - ~ ~ ~ ~ ~ J!:: II ;:;: lil _- I " . MM...U..,.....".....,.......... 'OMfMW ..~.....wu-".,IIOJrOWoII...,wonll.WU"t1W I.. n..,,1O SeRRATELU, SCIlIFFMAN. BRaWN & CAUlOON, p,c. ~l'ml01 )010 tJltm.un"''' ..I.IAO n.....J.I\.l'w.'A 11110 "445 .. ,. JERELYN L. SEELY, Plaintiff I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v I NO. 97-6003 CIVIL TERM SAMUEL A. SEELY, Defendant : CIVIL ACTION - LAW 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: 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: certified mail. restricted delivery on November 3. 1997 3. Date of execution of the affidavit of consent required by section 3301(c) of the Divorce Code: by Plaintiff 2/3/98 by Defendant 2/3/9R 4. Related claims pending: None. 5. Date plaintiff's Waiver of Notice in 53301(c) Divorce was filed with the Prothonotary: 2/5/98 ; Date defendant's Waiver of Notice in 53301(C) Divorce was filed with the Prothonotary: 2/5/9R Dated: ,;;J/ )/ / ,..,1" l{;l ~-'_ Lor _" Serratell , Esqu re SE RATELLI, SCHIFFMAN, BROWN , CALHOON, P.C. 2080 Linglestown Road suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff 'IS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.t)'J. t>tWCIVIL ~hot JBaBLYH L. SEBLY, Plaintiff SAMUEL A. SEELY, Defendant CIVIL ACTION - LAW IN DIVORCE 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 in the Office of the prothonotary at CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013. IF YOU DO NOT WISH TO FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU HAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOUR 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. COURT ADMINISTRATOR, 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 240-6200 JERELYN L. SEELY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS NO. CIVIL CIVIL ACTION - LAW SAMUEL A. SEELY, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 33011cl OF THE DIVORCE CODE AND NOW COMES the above-named plaintiff, by Lori K, Serrate1li, Esquire and the law firm of SERRATELLI, SCHIFFMAN, BROWN' CALHOON, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: COUNT I 1. Plaintiff is Jerelyn L. Seely, who currently resides at 2200 Fenwick Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055, since June 1988, 2. Defendant is Samuel A. Seely, who currently resides at 2200 Fenwick Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055, since June 1988. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. -.. ," , , ,. .. II: '.-. , " '. , " I. I I' f. , " \ , \ -- ,.... I- e , <... l/ u ~ I ~ ~! l'iI~ ~ II I ~ ..- .... -.. ...... .... .... ...... ~; -- ...... -- ... __a. .......". ...."... nut '1lIN IWlW ,.~.a4U"l1W,o......,aY"'l'rVnlJ,.a,.,. . .- . l..O",," SERIlATElLl. SCHIffMAN, BROWN ac CALHOON. P.C. ~uml01 1010 lJ)fOlJ.JtuwN I.u..w lIAUJIlmu. rA 17110 9+4& . - "-' CJ \_. " ,..: .' i- t' ,.... \.1' , ,0) , \ " f' i' e\ \J_,j ';~ .,- ,OJ \. , c! Co c) -. MM"'UI'~4''l''':SU''''-.U' 'ONI'MN :)N~.uY1l-mIOJIlOIIWQ'"1t'Of11l.'1I""" .. u " ~ J ~._ iJ ~:l:"'. ~ F:;= Ij;f'j;; - !!l ...... ~ I '" . l..O.o>... SERRATElLl. SCIIIFFMAN. BaoWN & <:AUlOON. p.c. SvrnJOI 2010 l..Jl.RiJUTOWN 1Uw1 HAl1l1Il!W. rA 11110 9445 JERELYN L. SEELY, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PlaintilT : No. 97.60.0.3 Civil Tenn vs. SAMUEL A. SEELY, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33o.J(c) OF THE DIVORCE COllli (I) A Complaint in Divorce under 33o.I(c) of the Divorce Code was filed on October 29, 1997. (2) The marriage of PlainlilT and Defendant is irretrievably broken and ninety (90.) 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, without fonnal notice of the intention to request entry of divorce decree. (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. (5) 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 verilY 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. Sec. 490.4 relating to unsworn falsification to authorities. 2 ~ 3~ 9!1 DATED l-:ffCl.1iv-: 7/1197 IkblC~tA ,~ II') J....:.. .-. , 'V,\) .... r~ t.~:. ~ .~;~ if' ;" ///! ) r-S' ~ ,)f~ , ..... tJ /". .,.~ . !I.::: J~ u .-"" !"/('.I ~, 0\ ,.;j (J u .. ~ 2 Iii::: ! ~~-: il~il~-I~~ i ;::;:: ::l _- J ~ . . ....."..AO...."....d....nu.. fQNMIlW ,..~.u\lU'"..'OIGlWCl.,'1WOI1I1.'4t'".. . l~. O...ell SURAULLI, SCHIFfMAN. BROWN &: CALHOON. P.Co ~~QI . )010 lJN'CUfTtlWN lI.WI H.u.wluao.rA 17110.%415 . . . ~ VB. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-6003 CIVIL TERM JBRBLYN L. SEELY, Plaintiff SAMUBL A. SEELY, Defendant CIVIL ACTION - LAW IN DIVORCE AfFIDAVIT OF SERVICE I, Lori K. Serrate11i, Esquire, being duly sworn according to law, depose and say that I served a copy ot the Divorce Complaint in the above-captioned matter, by depositing it in the united States mail, Certified Mail, Return Receipt Requested, Restricted Delivery, addressed as follows: Samuel A. Seely 2200 Fenwick Avenue Mechanicsburg, PA 17055 The return receipt card is attached hereto. Dated: \\\ c;:,\,\, 1 Lor~K. Serratel1i, Esquire SERRATE LI, SCHI~~HAN, BROWN' CALHOON, P.C. 2080 Linglestown Road suite 201 Harrisburg, PA 17110-9483 (717) 540-9170 Attorney for Plaintiff Sworn and Subscribed to before me this 5'tL day of '1V ~v' , 1997. J1Lt.k--.4 2..J1,-tvl NOTARY PUBLIC u My commission Expires: 5'- 7- .;Iv"o Notarial Seal Oebra A. Eva~"su, Notary PubUo ~u.hanna ..Dau mCoun My Commlaslon xplres ~y 7, = Z Ol4 106 1\36 Ree ipt for Cor fied Mall ~ N" In rane" CovNaga Provided ~ 0, not use 1 'I lnll-'Ilotional Mail I~ tl Revers. Ehffiue\'tt ~ \\. '~ t\:en\l),('C i'f\ ~C\"un '''': , p(1\t~<j" C,'hl.v,Jh\l I. 3\' SptIC..1 o."'.'V fn RutrlCl.d U.hv..,y I". I I 0 , I A"um llilt."VI :'now''''~ . ?~ 10 Whom' O..t. o."''''~,1 ~ I R'IUln RtrClI",t 5t'o.wHJ 10 WI>Qm. DIlt. .no Arid.."....' Ad"'." TOTAL f'a\t'\lfI $ 8 & r.., POtlma,k Of (JJle 1 :=l ~ \D-3, -~l III lL t I :,'1'" , I II wish >- Ih :1 _Ccmplett ittml 1 If\dI'or 2 IOIlddItional Nl'VIctI. 10 to recl,... · .Camplel. h...... 3, '.. on<! 'b. following aervtcel (101 an -Pnnt rout' name and addrnl on Iht flverst 01 IhIt bm IOthl' WI can r.lum thl' extra tee): CIId 10 you. IAttach lhlllorm to the Iron! of lhl mallpiKtl, or on the back II space doH not 1. 0 Addressee', Addr... po,",'. ~ 'Wnl,"Rltum R.JCtJpt R~UNt8d. on lhe mailpltce below lhIartldt numbtt. 2. strtcted Oellvtry .The Allum Receipt wiU ahaill' to v.tlom 1M ar1ldt 11I'11 delivlted and the dati delivered. suit postmaster for ,... 4a. ArtIcla Number , \ ~m.~e..\ \\.. S:e ~\'\ 4b. Service Typa \ j ~~DD ';'1-' 'C\.. I\\K.)W,(;_ 0 Regl81ered ~Certlned ,-v,-v..J\ 0 Expre88 Mall 0 Insured f l'I\el.~\-.U..S\\L~'o\)("\. ~l\- ilD':;-S 0 RltumRocelpt!orMerthond18 0 COO 1.:\ ' 7. Dele af Oollvery .l! CHA '1/ l J ~ ~ .! PSF SERVICE OF DIVORCE COMPLAINT JERELYN L. SEELY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-6003 CIVIL TERM VS. SAMUEL A. SEELY, Defendant AFrIDAVIT or INTENTION TO RESUME PRIOR SURNAME COMMONWEALTH OF PENNSYLVANIA } } ) SS COUNTY OF DAUPHIN Jerelyn L. Seely. being duly sworn according to law, deposes and says that she is the Plaintiff in the above-captioned divorce action in which a final decree from the bonds of matrimony was entered and she hereby elects to resume her prior surname of Jerelyn L. Franklin and, therefore, gives this written notice avowing said intention, in accordance with #704 of the Act of November 15, 1972, P.L. 1063, 54 Pa.C.S.A. 704. 9:.~ / J 7::. Je lyn L. Seely To be known as Sworn and subscribed to bef~~ me j!;is .lLt!: day of '/14.( , 1998. J I< iLl" ~( 1:<tlltcf- Notary Pub ,;( ~.' Franklin Notarial Seal Debra A. EVa~IiStl, Notary Public Susquehanna .. Dauphin County My COOlmlsslon 'plrea May 7. 2000 My Commission expires: 'r-1-1()t!~ ',I f ~ ~ M ~ rE r-( M ~ h .. ..J ~7 - ~}-r () V) f-) .- ~,.I:.~ ~. ,-):-e ...... ""3 . i!- "- -- -> ~O H;:..J a ~ c:.. 0:> /;o;-;j c.. f;]~ () ~ 0::' t..: cr:: .,j 't' I': - ~ L\) ~ ~ l5 co a 01- cJ d.. ()'\