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HomeMy WebLinkAbout98-00211 *~'~*~M~*~'~**'~******'~')'~"~*'~'~~"~**~ $ .........--......_,.._------"~._,--.._...._.....-.............-........,. ,.......... ....-. .....-_..,,-_......,......._---............._..~.'---.._-_... * ~ ,', ~ ~ ~ ,', ~ ~ '.' $ ~ '.' ,', ~ ~ ',' $ S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 1':I' ;\~~~ PENNA. 'c<~~Jli ~...~.~~...:;.."( STATE OF CARl L~.W.ALLACE,. " ! N (l. ",?8,~~,1,1..,.,.. .', ~ $ ~ ~ '.' ,,~ ~ ~ '.' ~ '.~ ,'. * * ~ '.' ,', ~ $ ~ '.' ~ .', * ~.. ,', * ~ ~ '.' ~ ',' ,', ~ ~ ~ ~ '.' ~ :t: ',' ~ ',' ~ ~ '.' * ~ ~ ~.' ~ : D Y The ,C J' ~ " I : /J /JJ~ : '.' . . .. ~. U/l-o It 'A 0].1;,. ' ,', ~ Atlc.l: 'tk.L:. /p Ml:Jy /-l~~ .?~ J. i: .. ../"? . '.- 97 t7 .... ~ ~*",H4.. ,K': ~C'e" .ff'. . . ~ 9',,;: Prothonolary i ~ ~ 1:>- ~ ---_.,- ---- ,.",-----..". .. ' - . . . . . . . . . . : ~ ~~*~~----*~-*~-*-**~.*~~~*~*~.*~ Plaintiff Vel':HlS ~ JOEY G,WALLACE, ~ Defendant ~ ." *. '.' .', ~ DECREE IN DIVORCE AND NOW, .... ,t:\.~ 'b~ ~~, ..~l..... .. '. 19.':1. ~ '. it is ordered and decreed that..,. .?~~~.~: .~I~~~~?~................,...,......... plaintiff, JOEY G. WALLACE and, , . . . , . . . . . . . , . . . . . , . . . , . ., . . . . . , . . . . , . . . , , . . , , . , . . . . . , . '. defendant, are divorced from the bonds of matrimony, * ~~ ~ y .', ~ ',' ,,~ ~ ~ ~.~ ,', ~ ~ ',' ~ ~.' .', ~ 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; ~ ~.' ,'. * *- '.' ..... ...................... ............... ............ ...... ............... . ............................... ........................ ~ fl\"9=\w.ll.c...b.\5_~O AGREEMENT THIS AGREEMENT, made this -If ?J 7" day of :f:1/., I Drive, New Cumberland, , 1998, by and between CARl LYNN WALLACE, of 1305 Forrest Cumberland County, Pennsylvania, (hereinafter referred to as "Wife"), and JOEY GENE WALLACE, of 716 Pisgah Road, Shermansdale, Perry County, Pennsylvania, 17090 (hereinafter referred to as "Husband"); WIT N E SSE T H: WHEREAS, Husband and Wife were lawfully married on October 17, 1992, and WHEREAS, there were no children born of this marriage, and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and -1- possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Disclosure of Assets. Each party asserts that he or she has made a full and fair disclosure of all of the real and personal property of any nature whatsoever belonging in any way to each of them of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receiv- able by each party, and of every 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. 2. Advice of Counsel. This document has been prepared by the wife's attorney. The Husband has been advised of the prudence and advisability of obtaining an attorney. The Husband has failed to provide the wife's attorney with the name of his attorney, as of yet. Each party has carefully read this agreement and is completely aware, not only of its contents, but also of its legal effect. 3. Freedom from Interference. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this agreement. Neither party shall -2- molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful exis- tence, separate and apart from the other. 4. Release of Claims. Wife and Husband each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or ~t any time hereafter may have against such other, the estate of such other or any part thereof, whether ari.sing out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the united States, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation -3- or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 5. Warrantv as to Future Obliqations. Each party repre- sents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind in- curred by them, including those for necessities. 6. Assumption of Liabilities. This provision sets forth the method for the payment and assumption of the debts and liabilities of the parties. since the assumption is not binding on the creditor, the party assuming the debt agrees to indemnify the other party in the event the creditor seeks to hold such other party liable. Should the -4- parties wish to bind the creditor and relieve the original debts from all liability, a novation should be executed. 7. Assumption of Debts. Husband assumes and agrees to pay and hold the Wife harmless against the following debts and obliga- tions: A. not available If any claim, action or proceeding is hereafter brought seeking to hold the Wife liable on account of such debts or obliga- tions, the Husband will, at his sole expense, defend the Wife against any such claim, action or proceeding, whether or not well founded, and Husband will indemnify and hold Wife harmless from and against such claim, action or proceeding. 8. Assumption of Debts. Wife assumes and agrees to pay and hold the Husband harmless against the following debts and obliga- tions: A. Members First Credit Union Loan #26751 - car loan If any claim, action or proceeding is hereafter brought seeking to hold the Husband liable on account of such debts or obligations, the Wife will, at her sole expense, defend the Husband against any such claim, action or proceeding, whether or not well founded, and Wife will indemnify and hold Husband harmless from and against such claim, action or proceeding. 9. Personal Property. Wife and Husband do hereby acknowl- edge that they have heretofore divided the marital property including, -5- but without limitation, jewelry, clothes, furniture and other person- alty and hereafter Wife agrees that all of the property in the posses- sion of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forev~r abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. A. Wife hereby agrees to set over, transfer and assign all of her right, title and interest to any and all furniture, fur- nishings, rugs, carpets, household equipment and appliances, pictures, books and any household goods of whatever nature which are presently located or situated in the residence at 716 Pisgah Road, Shermansdale, Perry County, Pennsylvania, 17090; irrespective of the foregoing provisions, Wife hereby agrees to set over, transfer and assign all of her right, title and interest to those personal effects and items of personalty. Wife agrees to remove all of her personal effects and items of personalty from the residence at 716 Pisgah Road, Shermansdale, Perry County, Pennsylvania, within three months of the signing of this document. By these presents, each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims he or she may have with respect to any of the above items which are the sole and separate property of the other from the , , . . , I ~ date of execution hereof. -6- , I ~ . 10. Real Estate. Wife hereby agrees to convey, transfer and grant to Husband her right, title and interest in the real estate situated and located at 716 PISGAH ROAD, SHERMANSDALE, PERRY COUNTY, PENNSYLVANIA, contemporaneous with Husband's payment in full of the sum of SEVEN THOUSAND DOLLARS ($7,000) to Wife, and Wife's full release from the existing mortgage on said property. From the date of this agreement, Husband agrees to assume as his sole obligation any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection with said premises, and Husband agrees and covenants to hold Wife harmless from any such liability or obligation. Husband shall deliver to Wife this same sum of SEVEN THOUSAND DOLLARS for said property simultaneous with wife's execution of all papers necessary to have a final decree in divorce entered in the Court of Common Pleas of Cumberland County, Pennsylvania. Husband shall be solely responsible for all maintenance and repair, mortgage payments, insurance payments, taxes, claims, demands or other expenses including but not limited to water, cable television, electric, trash and sewer incurred in connection with said premises and Husband agrees and covenants to hold Wife harmless from any such liability or obliga- tions. This agreement or a memorandum thereof shall be record- ed in the Office of the Recorder of Deeds of Cumberland County, Penn- sylvania. -7- 11. Cash. All cash presently in the possession of either party shall be and remain their separate property, free and clear of any claim whatsoever on the part of the other. 12. Husband's Bank Accounts. The following bank accounts (or accounts in a Savings Association) whether commercial accounts or savings accounts, held either jointly or severally by the parties, shall be the sole property of the Husband, free and clear from any claim on the part of the Wife; and, the Wife shall execute all docu- ments and perform all acts necessary or required to transfer these accounts to the Husband: A. Bank of Landisburg Checking Account Acct# 2615649 B. Bank of Landisburg Savings Account Acct# 2604077820 Any undistributed dividends or interests presently due on the above accounts shall belong to the Husband. 13. Wife's Bank Accounts. The following bank accounts (or accounts in a Savings Association) whether commercial accounts or savings accounts, held either jointly or severally by the parties, shall be the sole property of the Wife, free and clear from any claim on the part of the Husband; and, the Husband shall execute all docu- ments and perform all acts necessary or required to transfer these accounts to the Wife: A. Members First Federal Credit Union Acct. # 118136 Any undistributed dividends or interests presently due on the above accounts shall belong to the Wife. -8- \' : I I , . ,Ii , 14. Automobiles to Husband. The Husband shall be the sole owner, free and clear from any claim on the part of the Wife, of the 1989 FORD RANGER and 1992 FORD EXPLORER. Wife shall deliver executed certificate of title, sales and use tax form and any other documents necessary to convey title within ten days of the execution of this agreement if she possesses these items. 15. Automobile to Wife. The Wife shall be the sole owner, free and clear from any claim on the part of the Husband, of the 1995 VOLKSWAGEN CABRIOLET. Husband shall deliver executed certificate of title, sales and use tax form and any other documents necessary to convey title within ten days of the execution of this agreement. 16. Motorcvcles to Husband. The husband shall be the sole owner, free and clear from any claim on the part of the Wife, of the 1996 HONDA 400 RACING BIKE and the 1984 HONDA STREET BIKE. Wife shall deliver certificate of title, sales and use tax form and any other documents necessary to convey title within ten days of the execution of this agreement. 17. Pensions. The Wife hereby releases any claim which she may have to receive a portion of the Husband's pension fund accounts. The Husband's pension shall remain the sole possession of the Husband. The husband hereby releases any claim which he may have to receive a portion of the Wife's pension fund accounts. The Wife's pension shall remain the sole possession of the Wife. 18. ProDertv Not Provided For. The parties hereto agree that they have, by the terms of this agreement, settled, to their -9- l mutual satisfaction, all rights that either may have in their proper- ty, whether owned by them jointly or separately, real and personal, and wheresoever situated. Any property not specifically provided for in this agreement, which the Husband or Wife owns or has the right to control or possess, shall be and remain his or her property, free and clear from any claim on the part of the other. 19. Enforcement. If either party shall bring an action or other proceeding to enforce this agreement, or to enforce any judg- ment, decree or order made by a court in connection with this agree- ment or the divorce of the parties, the prevailing party shall be entitled to reasonable attorney's fees from other party. 20. Payment of Attornev Fees. Each party of this agreement hereby agrees that each of them will be solely responsible for the full payment of all attorney's fees and other costs heretofore and hereafter incurred, respectively, by each of them in connection with the negotiation, preparation, and execution of this agreement, and in connection with any action commenced by either party with respect to the divorce of the parties. Each party further agrees hereby to indemnify and hold the other party harmless from any demand, claim, loss, cost and expense (including additional attorney's fees) arising from a failure to pay all of the aforesaid attorney's fees and other I , I i I , ! costs. 21. Informed and Voluntary Execution. Each party to this agreement acknowledges and declares that he or she, respectively: -10- r, a. Is 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 after receiving the advice of independent counsel, free from fraud, undue influence, coercion or duress of any kind. Husband understands at all times that he has the right and opportunity to consult an attorney, but has so chosen. c. Has given careful and mature thought to the making of this agreement. d. Has carefully read each provision of this agree- ment. e. Fully and completely understands each provision of this agreement. 22. Headinqs. The headings or captions preceding the paragraphs in this agreement are inserted for convenience of reference only and shall not be construed in interpreting this agreement. 23. Mutual Cooneration. The Husband and the Wife shall each concurrently herewith, or at any time hereafter on the demand of the other, execute any other documents or instruments, and do or cause to be done any other acts and things as may be necessary or convenient to carry out the intents and purposes of this agreement. 24. Reconciliation. If there should be a reconciliation of , , I I', the parties after the date of execution of this agreement, this agreement shall nevertheless continue in full force until it is -11- I I". . ~ modified or abrogated by another written instrument to that effect signed by each of the parties hereto. 25. Future Earninqs. All income, earnings or other proper- ty received or acquired by either party to this agreement on or after the date of execution of this agreement shall be the sole and separate property of the receiving or acquiring party. Each party, as of the effective date of this agreement, does hereby and forever waive, release and relinquish all right, title and interest in all such income, earnings or other property so received or acquired by the other. 26. Waiver of Riqhts. Each of the parties hereby irrevoca- bly waive all rights which he or she may have to request any court to equitably distribute the marital property of the parties or to have alimony, alimony pendente lite or counsel fees awarded to either party, it being the express intention of the parties hereto to fully settle all claims which they have with respect to each other in this agreement. Each of the parties further agree to consent to the entry of a Decree in Divorce. 27. waiver of Breach. The waiver of any term, condition, clause or provision of this agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this agreement. 28. Survival of Aqreement. If any term, condition, clause or provision of this agreement shall, by its reasonable interpreta- tion, be intended to survive and extend beyond the termination of the -12- l marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, provision or provisions, shall be so construed, being the express intention of both parties hereto to have this agreement govern their relationship now or hereafter, irrespective of their marital status. 29. Jurisdiction. This agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and both parties consent and agree to the jurisdiction of the Court of Common pleas of Dauphin County, Pennsylvania, on account of any suit or action brought with respect to this agreement or any provisions or matters referred to in any provisions thereof. 30. Aqreement Bindinq on Parties and Heirs. This agreement shall be binding in all its terms, conditions, clauses and provisions of the parties hereto and their respective heirs, administrators, executors and assigns. 31. Entrv of Final Divorce Decree. Husband and Wife agree to execute such documents as are necessary to have a final decree in divorce entered in the Court of Common Pleas of Cumberland County, Pennsylvania (Docket No. 98-211) at the earliest possible date. IN WITNESS WHEREOF, the parties have hereunto set their hands and y and year above first written. WITN ~5 WITNESS . , -13- ~. f~; r~ LJ": '.5: .. n.:~) ('),' "r " ["(1: il.':.1 -J " tl.' , " /' (j :-'J 1.[: , r:: :S~, ",,"' ,~" i .;;r f ) ~:" ~ ...... ~ d' !.. 'I'-~, ~: ',) i.)_.'": ..':C ::.> u 0-:-, (.; ;'.1 ; (IJ C"l ; tl\dLv\ltrn..it.pop\1.91 CARI L. WALLACE, Social Security No. 198-54-6990 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-211 JOEY G. WALLACE, Social Security No. 183-52-9157 Defendant ACTION 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 S (3301(c)) ~3Jnm~~~~) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint:Januarv 22. 1998. postaqe prepaid. certified Mail, Return Receipt Requested. Restricted Deliverv. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit S 330l(c) of the Divorce Code: by Plaintiff Defendant July 27, 1998 (b)(l) Date of execution of the affidavit required by S 3301(d) of the Divorce Code: ; (2) A. Date of filing of Plaintiff's affidavit upon respondent: of consent required by ,Tulv 27. 1998 ; by B. Date of service of Plaintiff's affidavit upon respondent: 4. Related claims pending: NO CLAIMS RAISED 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: with (b) Date Plaintif?f,'S Waiver of Notice in S 3301(c) Divorce was filed the Prothonotary: ~A"'.e.<y '3 D ' (q't y () L Date Defendan 's Waiver of Notice in S the Prothonotary: OJ' -e.., '<, c~, I? 9 "....... . tJ tJ { .0'- with " Atto . I 'i , ...- "I E fr; Ir; is r.'J -'. UJR "} ?\~ c.);L ..'... '::.~~ O. ~~' ..L:j:r. c.. -:0- ~,::: 0 ' --5= (' ~ .;trl) wu. M _12 rt!~( ; _I ":I=Z => :uw r.: -, !.~~ (J.. ,- 1.'_ 00 :5 0 en U " ~ CARl L. WALLACE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ) II CIVIL TERM NO. 98 JOEY G. WALLACE, 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 the Cumberland County Courthouse, Carlisle, PA 17013. IN YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland Countv Bar Association 2 Libertv Avenue Carlisle. PA 17013 Telephone: (717\ 249-3166 fl\div\wallace.cDm\1.98 CARl L. WALLACE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. '/ S. ,,)J I eu.~d -I.., ..,. NO. JOEY G. WALLACE, Defendant CIVIL ACTION LAW IN DIVORCE COMPLAINT 1. The Plaintiff in this action is CARI L. WALLACE, an adult individual, who currently resides at 1305 Forrest Drive, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant in this action is JOEY G. WALLACE, an adult individual, who currently resides at 716 pisgah Road, Shermansdale, Perry County, Pennsylvania, 17090. 3. The Plaintiff has been a bona fide resident of the Common- wealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on October 17, 1992, at Three Springs, Church of Brethren, Perry I' r I County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. ~ , , II , 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. -1- . , ", pd\mi.\l-v.rirl.arf VERIFICATION CARl L. WALLACE, states that she is the Plaintiff named in the foregoing instrument and that she is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities. c ' r~ o tu. '~ ~.o.u- ARl L ( ALLACE Date: /:- /3 - 'l''i/ fl\dlv\con.ent..ff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-211 CIVIL TERM CARl L. WALLACE, Plaintiff JOEY G. WALLACE, Defendant CIVIL ACTION - IN DIVORCE I i II , i AFFIDAVIT OF CONSENT I \ 1. A complaint in divorce under S 3301(c) of the Divorce Code was filed on January 14, 1998. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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. ~ III r 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them If before a divorce is granted. 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. S 4904 relating to unsworn falsifica- tion to authorities. JJ " /, ." ~I I '/ .;- ,,,, Da)l' u. (/ " , , ,::".J I l=~~t,_~l 0-. C<L. LACE, Plaintiff , ... tl\d!v\con..nt..tt CARl L. WALLACE, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-211 CIVIL TERM JOEY G. WALLACE, Defendant . . CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under S 3301(c) of the Divorce Code was filed on January 14, 1998. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsifica- tion to authorities. D2;~ 2~ /7?r ~)j lJu)/~~ JOE . WALLACE, Defendant fl\dlv\l.wa!ve.not CARl L. WALLACE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-211 CIVIL . . JOEY G. WALLACE, Defendant : CIVIL ACTION IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER S 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, 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. S 4904 relating to unsworn falsifica- tion to authorities. ~j.:J cJLQ. v- LL CE, Plaintiff Date: nl'.<_(~/ 1..../ /7'/ c'- (/ (J " r '0. " tl\div\J-waive.nat CARl L. WALLACE, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-211 CIVIL p v. JOEY G. WALLACE, Defendant . . : CIVIL ACTION IN DIVORCE . . WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER S 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, 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. ~ 4904 relating to unsworn falsifica- tion to authorities. ~ lJ.~ft -- JO WALLACE,~Defendant Date: J "Py .27 /'1 'joY , I: ; 1 , , ! i I ( I >- ~ n; Irl j::: ..~ . IllC? N ::J...1": ( )~.,) ~~;.~" ");.~ IJ: :l c~. -~8 C}::~: .I.d: '-> "/ (r:1 ill1~;. t''l .-j:~": cC ~~. ~.; _.~l '::..;:: :1!l.iJ :':J ;~'.J(L --, ; 1.'- n") ':3 () <,:,1l U , , fl\div\lmail.rv.aff CARl L. WALLACE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-211 CIVIL TERM v. . . JOEY G. WALLACE, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF CUMBERLAND ) I, ELIZABETH B. STONE, of Stone LaFaver & Stone, attorneys for the plaintiff hereby certify that I served the Complaint for Divorce in the above captioned matter on the defendant, Joey G. Wallace, at 716 Pisgah Road, Shermansdale, PA 17090, by United States Certified Mail, postage prepaid, restricted delivery, on January 22, 1998, as ,/ evidenced by the attached Certified Mail return rec 'pts. EL~ /" // / , Attorney at Law SWORN TO AND SUBSCRIBED befoJe me this Q ?'f.{ day of '/)'YJU~Md ' 1998. , 'L/ cl? l.c " N6~~~(Y ^;ubli~-" ~a I:, ,1(;"'[ ~i:i,'i~:",\"'" ::;':':/I'!!)li; I ~', r " l..,., .,:,,;,1, ~ (;0. ~I!.__:...., _ H . H 'H" . ... _ ;',j.::, ~'7, ~'(':;l ----.-- -.. (~ -'- \.-- c ~~t<; U..- . Lt__I__ ~)..~ r~(, 1...,,-:'- -'I" G::"L :-- ('I ?;.: I':;:" , .... ,.,.. ~. : \ '.-" ':.::') C..; ,,-,~ ;~~ .1.'. -'. ~j CJ v.. o (,.:l t,;\ ~~.. iio }l "Iii 'Cg!.l!! ~mo :g ~.9 ~ ~ ~ 19 ~ ~ [ 'n jl! f -x~ ~ lll.:.:. ~ ~ 8. ~ ~ .~,p 0 lD ~ ar ",' ~ ~'8~"'N8~"''' "'~~ ~~ --" "t'-!i!:al~'jjj~ ...... ~ ~f.::Bi~~~~I.: F= uCX)'C!:.S!:!eEO"'~mJ!! 5 ~ ~1lI 'eO CD cno..i:!g' ~~ ! Xl Ba < C""'\ en ~ ~ ~ ~ < ca ~ ~ ~.1: ~ '" ~ 000 ,..: ; ~ ~~ - it "i .1: ~ =. a 'll 5" ~ ~ j~ ~ s 5! I ~ ~ t~ ~ i ~ ~ 1.1: t'- e '" -E ,,~ :t : l! E .!i~ ~ ill 0'lI 15 ~ is ~ < .... .24;. ~ h ~ 'go "'~ I ~U ,g 1= g - <<: " ~ ~~; .1:}~ m c.:i.c: ';;l 0 "'("Jill S ~.~ cd "t:f .... ..H~ ~ ~a: i "0>' ,,,,...00 5 :;; a:='''~''-~ ,c<<" M WlDCI!;!St' Qi!hi CD t-;) ~ f3 O'Sii~o .~iiil!! 1J ~ E z l~ec~'gn~~ 'E . >D " of wolle. iJl18.,,"'~ oil: :i: c:: t3 , 00... . .. M iii CD ~ LGP,B GBJG'GJ G41 uo PBIB,dwo. 'S~v N!!n.13!! JnoA B' + 'G'IIUGS Id,G'G!! UJnIG!! BU,Bn JOj noA ~UB4.L P 308 777 984 RECEIPT FOR CERTIFIED MAil liD INSURANCE COVEfI_GE PRO'/IDEO NO! FOR INTERlj",TIONAl MAIL (See Re\'else) 1 ~ Senllo ; Mr. Joe G. Wallace N :: S.l!.ce~ and No ~ '(1b Pisgah Road g po.. Slale ilntl ZIP Code d Shermansdale ~ " ai Postage PA 170 0 s Certlllcd Fee SpeCI,)1 Delivery J; ev Restricted Delivery Fce "' '" '" - " c " .., g Po :!l E 5 ... "' 0. ':- -. ....,j -" , - Co .~ a: E :l 1ii a: .!'/ iii ll> E o o I I I I j i I I ...,. :.!". <- , r l ~. L!; ;::: ;\~?-' ''- CI' , , C~ .- tZ1: ---! Q"; {. 1:. o ('.J c:; "- (.. rrl <" ". IJ';; (;i : ',iL:' . . :.) u fl \dlv\_gl1llnt. ine . v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-211 Civil CARl L. WALLACE, Plaintiff JOEY G. WALLACE, Defendant : CIVIL ACTION IN DIVORCE MOTION TO INCORPORATE AGREEMENT INTO DECREE IN DIVORCE Cari L. Wallace, plaintiff in the above action, by her attorneys, STONE LaFAVER & SHEKLETSKI, moves that your Honorable Court incorpo- rate the attached agreement dated July 27, 1998, into the Decreee in Divorce. STONE LaFA By / fl\.~\v.ll.c~..b.\'.'8 AGREEMENT THIS AGREEMENT, made this 2. J 'TJI day of J:. I '( , 1998, by and between CARl LYNN WALLACE, of 1305 Forrest Drive, New Cumberland, Cumberland County, Pennsylvania, (hereinafter referred to as "Wife"), and JOEY GENE WALLACE, of 716 Pisgah Road, Shermansdale, Perry County, Pennsylvania, 17090 (hereinafter referred to as "Husband"ll WIT N E SSE T H: WHEREAS, Husband and Wife were lawfully married on October 17, 1992, and WHEREAS, there were no children born of this marriage, and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto arc de~irous 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 I the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wifel and in general, the settling of any and all claims and -1- possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Disclosure of Assets. Each party asserts that he or she has made a full and fair disclosure of all of the real and personal property of any nature whatsoever belonging in any way to each of them of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receiv- able by each party, and of every 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. 2. Advice of Counsel. This document has been prepared by the wife's attorney. The Husband has been advised of the prudence and advisability of obtaining an attorney. The Husband has failed to provide the wife's attorney with the name of his attorney, as of yet. Each party has carefully read this agreement and is completely aware, not only of its contents, but also of its legal effect. 3. Freedom from Interference. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this agreement. Neither party shall -2- l I ! i, ~ I molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful exis- tence, separate and apart from the other. 4. Release of Claims. Wife and Husband each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and I' , interests, or claims i~ or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such . \ other or by way of dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption or similar 1 , , allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation -3- or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 5. Warrantv as to Future Obliqations. Each party repre- sents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind in- curred by them, including those for necessities. 6. Assumption of Liabilities. This provision sets forth the method for the payment and assumption of the debts and liabilities of the parties. Since the assumption is not binding on the creditor, the party assuming the debt agrees to indemnify the other party in the event the creditor seeks to hold such other party liable. Should the -4- , , " parties wish to bind the creditor and relieve the original debts from all liability, a novation should be executed. 7. Assumption of Debts. Husband assumes and agrees to pay and hold the Wife harmless against the following debts and obliga- tions: A. not available If any claim, action or proceeding is hereafter brought seeking to hold the Wife liable on account of such debts or obliga- tions, the Husband will, at his sole expense, defend the Wife against any such claim, action or proceeding, whether or not well founded, and Husband will indemnify and hold Wife harmless from and against such claim, action or proceeding. 8. Assumption of Debts. Wife assumes and agrees to pay and hold the Husband harmless against the following debts and obliga- tions: A. Members First Credit Union Loan #26751 - car loan If any claim, action or proceeding is hereafter brought seeking to hold the Husband liable on account of such debts or obligations, the Wife will, at her sole expense, defend the Husband against any such claim, action or proceeding, whether or not well founded, and Wife will indemnify and hold Husband harmless from and against such claim, action or proceeding. 9. Personal Propertv. Wife and Husband do hereby acknowl- edge that they have heretofore divided the marital property including, -5- I i , I I ! i ' ! , ~ 1 . but without limitation, jewelry, clothes, furniture and other person- alty and hereafter Wife agrees that all of the property in the posses- sion of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. A. wife hereby agrees to set-over, transfer and assign all of her right, title and interest to any and all furniture, fur- nishings, rugs, carpets, household equipment and appliances, pictures, books and any household goods of whatever nature which are presently located or situated in the residence at 716 pisgah Road, Shermansdale, Perry County, Pennsylvania, 17090; irrespective of the foregoing provisions, Wife hereby agrees to set over, transfer and assign all of her right, title and interest to those personal effects and items of personalty. Wife agrees to remove all of her personal effects and items of personalty from the residence at 716 pisgah Road, Shermansdale, Perry County, Pennsylvania, within three months of the signing of this document. By these presents, each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims he or she may have with respect to any of the above items which are the sole and separate property of the other from the date of execution hereof. -6- ~ '1 , , I ' I, l j I' I ! I ~ II r H r I l i il I 10. Real Estate. wife hereby agrees to convey, transfer and grant to Husband her right, title and interest in the real estate situated and located at 716 PISGAH ROAD, SHERMANSDALE, PERRY COUNTY, PENNSYLVANIA, contemporaneous with Husband's payment in full of the sum of SEVEN THOUSAND DOLLARS ($7,000) to Wife, and Wife's full release from the existing mortgage on said property. From the date of this agreement, Husband agrees to assume as his sole obligation any and all mortgage payments, taxes, claims, damages or other expenses I' , , incurred in connection with said premises, and Husband agrees and covenants to hold Wife harmless from any such liability or obligation. Husband shall deliver to Wife this same sum of SEVEN THOUSAND DOLLARS for said property simultaneous with wife's execution of all papers necessary to have a final decree in divorce entered in the Court of Common Pleas of Cumberland County, Pennsylvania. Husband shall be solely responsible for all maintenance and repair, mortgage payments, r r I I insurance payments, taxes, claims, demands or other expenses including but not limited to water, cable television, electric, trash and sewer incurred in connection with said premises and Husband agrees and covenants to hold Wife harmless from any such liability or obliga- tions. This agreement or a memorandum thereof shall be record- ed in the Office of the Recorder of Deeds of Cumberland County, Penn- sylvania. ~ If ~ -7- 11. Cash. All cash presently in the possession of either party shall be and remain their separate property, free and clear of any claim whatsoever on the part of the other. 12. Husband's Bank Accounts. The following bank accounts (or accounts in a Savings Association) whether commercial accounts or savings accounts, held either jointly or severally by the parties, shall be the sole property of the Husband, free and clear from any claim on the part of the Wife; and, the Wife shall execute all docu- ments and perform all acts necessary or required to transfer these accounts to the Husband: A. Bank of Landisburg Checking Account Acct# 2615649 B. Bank of Landisburg Savings Account Acct# 2604077820 Any undistributed dividends or interests presently due on the above accounts shall belong to the Husband. 13. Wife's Bank Accounts. The following bank accounts (or accounts in a Savings Association) whether commercial accounts or savings accounts, held either jointly or severally by the parties, shall be the sole property of the Wife, free and clear from any claim on the part of the Husband; and, the Husband shall execute all docu- ments and perform all acts necessary or required to transfer these accounts to the Wife: A. Members First Federal Credit union Acct. # 118136 Any undistributed dividends or interests presently due on the above accounts shall belong to the Wife. -8- , ... '. , , ' 14. Automobiles to Husband. The Husband shall be the sole owner, free and clear from any claim on the part of the Wife, of the 1989 FORD RANGER and 1992 FORD EXPLORER. Wife shall deliver executed certificate of title, sales and use tax form and any other documents necessary to convey title within ten days of the execution of this agreement if she possesses these items. 15. Automobile to Wife. The Wife shall be the sole owner, free and clear. from any claim on the part of the Husband, of the 1995 VOLKSWAGEN CABRIOLET. Husband shall deliver executed certificate of title, sales and use tax form and any other documents necessary to convey title within ten days of the execution of this agreement. 16. Motorcvcles to Husband. The husband shall be the sole owner, free and clear from any claim on the part of the Wife, of the 1996 HONDA 400 RACING BIKE and the 1984 HONDA STREET BIKE. Wife shall deliver certificate of title, sales and use tax form and any other documents necessary to convey title within ten days of the execution of this agreement. 17. Pensions. The Wife hereby releases any claim which she may have to receive a portion of the Husband's pension fund accounts. The Husband's pension shall remain the sole possession of the Husband. The husband hereby releases any claim which he may have to receive a portion of the Wife's pension fund accounts. The Wife's pension shall remain the sole possession of the Wife. 18. Propertv Not Provided For. The parties hereto agree that they have, by the terms of this agreement, settled, to their -9- mutual satisfaction, all rights that either may have in their proper- ty, whether owned by them jointly or separately, real and personal, and wheresoever situated. Any property not specifically provided for in this agreement, which the Husband or Wife owns or has the right to control or possess, shall be and remain his or her property, free and clear from any claim on the part of the other. 19. Enforcement. If either party shall bring an action or other proceeding to enforce this agreement, or to enforce any judg- ment, decree or order made by a court in connection with this agree- ment or the divorce of the parties, the prevailing party shall be entitled to reasonable attorney's fees from other party. 20. Payment of Attornev Fees. Each party of this agreement hereby agrees that each of them will be solely responsible for the full payment of all attorney's fees and other costs heretofore and hereafter incurred, respectively, by each of them in connection with the negotiation, preparation, and execution of this agreement, and in connection with any action commenced by either party with respect to the divorce of the parties. Each party further agrees hereby to indemnify and hold the other party harmless from any demand, claim, loss, cost and expense (including additional attorney's fees) arising from a failure to pay all of the aforesaid attorney's fees and other costs. 21. Informed and Vo1untarv Execution. Each party to this agreement acknowledges and declares that he or she, respectively: -10- I " l ' : ( ':,: t~; I ' , ~i ~' ~ i~ ~ a. Is 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 after receiving the advice of independent counsel, free from fraud, undue influence, coercion or duress of any kind. Husband understands at all times that he has the right and opportunity to consult an attorney, but has so chosen. c. Has given careful and mature thought to the making of this agreement. d. Has carefully read each provision of this agree- ment. e. Fully and completely understands each provision of this agreement. 22. Headinqs. The headings or captions preceding the paragraphs in this agreement are inserted for convenience of reference only and shall not be construed in interpreting this agreement. 23. Mu~ual Coopera~ion. The Husband and the Wife shall each concurrently herewith, or at any time hereafter on the demand of the other, execute any other documents or instruments, and do or cause to be done any other acts and things as may be necessary or convenient to carry out the intents and purposes of this agreement. 24. Reconcilia~ion. If there should be a reconciliation of the parties after the date of execution of this agreement, this agreement shall nevertheless continue in full force until it is -11- l' I modified or abrogated by another written instrument to that effect signed by each of the parties hereto. 25. Future Earninqs. All income, earnings or other proper- ty received or acquired by either party to this agreement on or after the date of execution of this agreement shall be the sole and separate 1 . ,I property of the receiving or acquiring party. Each party, as of the effective date of this agreement, does hereby and forever waive, release and relinquish all right, title and interest in all such income, earnings or other property so received or acquired by the other. 26. Waiver of Riqhts. Each of the parties hereby irrevoca- bly waive all rights which he or she may have to request any court to equitably distribute the marital property of the parties or to have alimony, alimony pendente lite or counsel fees awarded to either party, it being the express intention of the parties hereto to fully settle all claims which they have with respect to each other in this agreement. Each of the parties further agree to consent to the entry of a Decree in Divorce. 27. Waiver of Breach. The waiver of any term, condition, clause or provision of this agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this agreement. 28. Survival of Aqreement. If any term, condition, clause or provision of this agreement shall, by its reasonable interpreta- tion, be intended to survive and extend beyond the termination of the -12- , ' marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, provision or provisions, shall be so construed, being the express intention of both parties hereto to have this agreement govern their relationship now or hereafter, irrespective of their marital status. il ,1 I 'I 29. Jurisdiction. This agreement shall be construed under I' the laws of the Commonwealth of Pennsylvania, and both parties consent and agree to the jurisdiction of the Court of Common Pleas of Dauphin County, Pennsylvania, on account of any suit or action brought with respect to this agreement or any provisions or matters referred to in any provisions thereof. 30. Aqreement Bindinq on Parties and Heirs. This agreement shall be binding in all its terms, conditions, clauses and provisions h UI I' It ~ of the parties hereto and their respective heirs, administrators, executors and assigns. 31. Entrv of Final Divorce Decree. Husband and Wife agree to execute such documents as are necessary to have a final decree in divorce entered in the Court of Common Pleas of cumberland County, Pennsylvania (Docket No. 98-211) at the earliest possible date. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day nd year above I ' en. , i' :1 " u (SEAL) , I. " ! I -13- , I 1\ ~, >- '- cr. lr. (.. ~~~ ~t .2: C) '., 11.1.... ,"_I ~.~ (. " H.:~i-.! c..~ i...-'-'i( "'f' (T")t"; ; , " "..:: C'I f' . a ..; ',:1 Cll{.J.. (-r: , _J ,. > LL .~,I: --' ;',:..:i~E r:: => -J > tI. CI) '::i 0 c.ol U IN TilE COUIl1' OF COMMON PI.EAS O~' CllMOEllI,AND COllN1'Y. PENNSYINANIA CIVIL AC'I'ION - I.AW : C' L ec)flLL flC t- : (/K/ : Plaintiff ~B- 21/ : File No. : vs. : IN DIVORCE : .:JDEY C, LdALU1<:..f : Defendant : NOTICE 1'0 RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the It/h day of (luC/U:'T , 1998 ,hereby elects to resume the prior surname of ()1E T 26 [R- , and gives this written notice pursuant to the provisions of 54 P.S. S 704. --')Q''L~ ~\ '-j)LCh.L\QrL s~~ature U C'Y F1 e.. I nature DATE: ~.\~. CI<{) NOTARIAL SEAL JEANETTE T FORD, NOlary Publoc Mlddl~lo.wn. Dauphin County ~. M Commission Ell: ires Jan 30. 'm~___ L (Y)C TU:IE,L of name being resumed COMMONWEALTH OF PENNSYLVANIA: : 55. COUNTY OF CUMBERLAND On the I ~ day of ~"XU.S t ,19 q,<i( , before me, a Notary Public, personally appeared tile above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. l I , seal. In Witness Whereof, I have hereunto set my hand and official ( i. ,--' ~j.~ Notary Public '. ~ ..:.J Q... '>-. \.f) ,.t::J ~ >-: u' ,:.- ~ 0-. cr; lJ', ~~- 0- f;: t': .1 I:!" ," ;>,~" '>< d ~ , I.\;~" 0'" 'f~ .' ~ t- \.- :':\::_1 () ! _r'. " - ,=(;.:_: ~. L'":: p(l. -. ~~~;: c -(j d g~\ ~~ ~ ~.!LU c>- O- gz (t.tV ~ ~' \U.._ F ""- .,,; -"- ,t.. CC -) 0 (j"\ 0