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IN THE COURT OF COMMON PLEAS
CFCUMBERLANDCOUNTY
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PENNA.
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STPTE OF
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Cynthia Lynne Wells, Plaintiff
No.
6447 - S - o.
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VERSUS
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Joseph John Wells, Sr., Defendant
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DECREE IN
DIVORCE
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AND NOW,
A'1'1foo y rr
Cynthia Lynne Wells
z..I>O'l.--; IT IS ORDERED AND
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DECREED THAT
PLAINTIFF,
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Joseph John Wells
AND
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTEREP;
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None.
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CYNTHIA LYNNE WELLS,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO, 2000 - 6447 CIVIL TERM
: IN DIVORCE
JOSEPH JOHN WELLS, SR.,
Defendant
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT, made thiSJ. 8 ~ay of U L/ ty... ,
2002, by and between, CYNTHIAL. WELLS, of Boiling Springs,CCumberland County,
Pennsylvania, hereinafter referred to as "WIFE", and Joseph J, Wells, Sr, of
Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as
"HUSBAND",
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on November 14,1998 in
Boiling Springs, Pennsylvania, and;
. WHEREAS, there was one child, Joseph J, Wells, Jr" date of birth March 29,
1999, born of this marriage;
WHEREAS, 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 desire to settle their respective financial property
rights and obligations as between each other, including the settling of all matters
between them relating to 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 Husband or Wife; and in general, the
settling of any and all possible claims by one against the other or against their
respective estates;
NOW THEREFORE, Wife and Husband, each intending to be legally bound,
hereby covenant and agree as follows:
1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has
made a full and fair disclosure of income, assets, and their valuation prior to the
execution of this Agreement as well as any 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.
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2. AfjCE OF COUNSEL. The Husband has employed and had the benefit or
counsel of YO.5 e.... . as his attorney, The Wife has employed and
had the benefit or counsel of Jane Adams, Esquire, as her attorney. Each party has
carefully and completely read this agreement and has been advised and is completely
aware not only of its contents but of its legal effect. Joseph J, Wells, Sr. has been
advised of his right to counsel, voluntarily elected to forego representation, and
understands that Jane Adams, Esquire is only representing Wife,
3. SEPARATION. The parties intend to maintain separate and permanent
domiciles and to live apart from each other. It is the intention and purpose of this
agreement to set forth their respective rights and duties while they continue to live apart
from each other, Neither party shall harass, annoy, injure, threaten, or interfere with
the other party in any manner whatsoever, Each party may carry on and engage in any
employment, profession, business or other activity as he or she may deem advisable.
Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any
property now owned and not specified herein or property hereafter acquired by the
other.
4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that a divorce
has been filed in Cumberland County, claiming that the marriage is irretrievably broken
under the no-fault mutual consent provision of Section 3301 (c) of the Pennsylvania
Divorce Code. Both parties hereby express their agreement that the marriage is
irretrievably broken and express their intent to execute any and all affidavits or other
documents necessary for the parties to obtain an absolute divorce pursuant to Section
3301 (c) of the Divorce Code, The parties hereby waive all rights to request Court
Ordered counseling under the Divorce Code, The provisions of this Agreement relating
to equitable distribution of property of the parties are accepted by each party as a final
settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce
Code.
Should a decree, judgment, or order of separation or divorce be obtained by
either of the parties in this or any other state, country or jurisdiction, each of the parties
hereby consents and agrees that this Agreement and all of its covenants shall not be
affected in any way by any such separation or divorce; and that nothing in any such
decree, judgment, order, or further modification or revision thereof shall alter, amend, or
vary any term of this Agreement, whether or not either or both of the parties shall
remarry, It is specifically agreed that a copy of this Agreement or the substance of the
provisions thereof, may be incorporated by reference into any divorce, judgment, or
decree. This incorporation shall not be regarded as a merger, it being the specific
intent of the parties to permit this Agreement to survive any judgment and to be forever
binding and conclusive upon the parties.
5. DATE OF EXECUTION. The "date of execution" or "execution date" of this
agreement shall be defined as the date upon which it is executed by the parties if they
have each executed the Agreement on the same date, Otherwise, the "date of
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execution" or "execution date" of this Agreement shall be defined as the date of
execution by the party last executing this Agreement.
6. MUTUAL RELEASE OF ALL CLAIMS. HUSBAND and WIFE each do
hereby mutually remise; release, quit-claim and forever discharge the other and the
estate of the other, 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, or 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 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 the decease spouse's estate,
whether arising under the laws of Pennsylvania, any state, commonwealth, or territory
of the United States, or 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
any marital relation 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.
7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants
that they have not contracted any debt or liability for the other or which the estate of the
other party may be responsible or liable, and 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 harmless from and against all future obligations of every kind incurred by them,
including those for necessities,
8. OUTSTANDING JOINT DEBTS.
(a) Wife agrees that the following debts are her own personal responsibility and
therefore agrees to completely and finally pay on the following debts and
obligations,
(b) Husband agrees that the following debts are his own personal responsibility
and therefore agrees to completely and finally pay on the following debts and
obligations,
9. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have
attempted to distribute their marital property in a manner which conforms to the criteria
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set forth in 23 Pa,C.SA s3501 et. seq, and taking into account the following
considerations: the length of the marriage, the age, health, station, amount, and
sources of income, vocational skills, employability, estate, liabilities, and needs of each
of the parties, the contribution of each party to the education, training, or increased
earning power of the other party; the opportunity for each party for future acquisitions of
capital assets and income; the sources of income of both parties, including but not
limited to medical, retirement, insurance or other benefits; the contribution or dissipation
of each party in the acquisition, preservation, depreciation, or appreciation of themarital
property, including the contribution of each spouse as a homemaker; the value of the
property set apart to each party; the standard of living the parties established during the
marriage; and the economic circumstances of each party at the time the division of
property is to become effective,
The division of existing marital property is not intended by the parties to
constitute in any way a sale or exchange of assets, and the division is being effected
without the introduction of outside funds or other property not constituting marital
property, The division of property under this Agreement shall be in full satisfaction of all
the marital rights of the parties,
Husband and Wife do hereby acknowledge that they have previously divided all
their tangible personal property, Except as may otherwise be provided in this
Agreement, Wife agrees that all of the property of Husband or in his possession shall
be the sole and separate property of Husband; and Husband agrees that all of the
property of Wife or in her possession shall be the sole and separate property of Wife,
The parties do hereby specifically wavier, release, renounce, and forever abandon
whatever claim, if any, he or she may have with respect to the above items which shall
become the sole and separate property of the other.
10. OTHER PERSONAL PROPERTY. The parties agree as follows:
11. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or
both of the parties, they agree as follows:
(a) The
property of Wife.
shall be and remain the sole and exclusive
(b) The
property of Husband,
The titles to the said motor vehicles shall be executed by the parties, if
appropriate for effecting transfer as herein provided, on the date of execution of this
Agreement, and said executed titles shall be delivered to the proper parties on the
distribution date, Each party agrees to be solely responsible for the amounts presently
due and owing against his or her respective automobiles,
shall be and remain the sole and exclusive
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12. MARITAL HOME. HUSBAND and WIFE hold title as Tenants by the
Entireties to the premises identified as 806 Boiling Springs Road, Mechanicsburg,
Pennsylvania. The parties agree as follows with respect to the marital residence:
(a) Husband shall pay to Wife the amount of $7000,00 in consideration of Wife
conveying the marital residence to Husband. Wife shall deliver a deed,
conveying to Husband all of her right, title and interest in and to the marital
residence, in exchange for the payment of $7000,00,
As of the date of separation, Husband shall be solely responsible for the timely
payments of all past, present and future principal, interest, and other fees under
the first mortgage or any second mortgage on the marital home, Husband will
indemnify arid save Wife harmless from any failure or refusal to pay the first
mortgage. In the event that Wife attempts to obtain a mortgage in the future and
Husband has not paid off the first mortgage, and the sole reason for Wife not
being able to obtain a mortgage is the current first mortgage outstanding on the
marital residence, then Husband shall take the steps necessary to refinance that
first mortgage,
(b) As of the. date of separation, and without regard to when bills for such items
are incurred, received or due, HUSBAND shall be solely responsible for all past,
present, and future costs or liabilities associated with or attributable to
maintaining the marital residence (except as provided herein), including but not
limited to, all real estate taxes, water and sewer rents, gas, electric, and
telephone service, homeowner's insurance, and gardening expenses and
repairs, and HUSBAND shall keep WIFE and his successors, assigns, heirs,
executors, and administrators indemnified and held harmless from any liability,
cost or expense, including attorney's fees, which are incurred in connection with
such maintenance, costs, and expense.
(c) HUSBAND shall indemnify and hold WIFE harmless from any liability, cost or
expense, in connection with any expense required to be made by HUSBAND
including but not necessarily limited to, the first mortgage, second mortgage,
property taxes, and insurance with respect to aforesaid premises.
13. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to
waive any and all rights they have in and to each other's employment benefits, including
but not limited to both parties pensions and retirement plans and Incentive Savings
Plans, The parties agree never to assume any claim to such benefits of the other at
any time in the future, .
14. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party
hereby waives any right to spousal support, alimony, or alimony pendente lite, and each
party agrees to be responsible for his or her own legal fees and expenses. The
parties herein acknowledge that by this Agreement, they have respectively secured and
maintained a substantial and adequate fund with which to provide for themselves
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sufficient financial resources to provide for their comfort, maintenance, and support in
the station of life to which they are accustomed. Wife and Husband do hereby waive,
release, and give up any rights they may respectively have against the other for
alimony, support, or maintenance, It shall be from the execution of this Agreement the
sole responsibility of each of the respective parties to sustain themselves without
seeking any support from the other party,
15. INCOME TAX RETURNS. Husband and wife represent to each other that to
the best of their knowledge all tax returns and other documents required to be filed with
the Internal Revenue Service for calendar years 1998 through 2001 have been filed
and that no notices have been received from the Internal Revenue Service which
remain unresolved. Each party further represents to the other that to the best of his or
her knowledge, the information set forth in the joint tax return for these calendar years
was and remains accurate as relates to his or her sole income and acknowledges that
the other party relied on such representations in signing those returns, Therefore, if
any deficiency in federal, state, or local income taxes is proposed, or any assessment
of any such tax is made against the other party by reason of his or her having joined in
the filing of joint federal, state or local income tax returns, Husband and Wife shall
indemnify and hold harmless the other against and from any and all tax, interest,
penalty, or expense relating from any such tax deficiency, including reasonable counsel
and accounting fees, and such tax, interest, and penalties or expenses shall be paid
solely and entirely by the responsible party as determined to be attributable to that party
on account of misrepresentation or failure to disclose relevant information of income on
the aforesaid joint returns.
16. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or
waiver of any of the terms hereof shall be valid unless in writing and signed by both
parties, and no waiver of any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature,
17. MUTUAL COOPERATION. Each party shall, at any time and from time to
time hereafter, take any and all steps and execute, acknowledge, and deliver to the
other party any and all further instruments and/or documents that the other party may
reasonably require for the purpose of giving full force and effect to the provisions of this
Agreement.
18. APPLICABLE LAW. The Agreement shall be construed in accordance with
the laws of the Commonwealth of Pennsylvania which are in effect as of the date of
execution of this Agreement.
19. INTEGRATION. This Agreement constitutes the entire understanding of the
parties and supersedes' any and all prior agreements or negotiations between them.
There are no representations or warranties other than those expressly set forth herein.
20. OTHER DOCUMENTATION. Wife and Husband covenant and agree that
they will forthwith execute any and all written instruments, assignments, releases,
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satisfactions, deeds, notes, or such other writings as may be necessary or desirable for
the proper effectuation of this Agreement.
21. 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 in no way affect the right of such party hereafter to enforce the
same, nor shall the waiver of any default or breach of any provision hereof by construed
as a waiver of any subsequent default or breach of the same or similar nature, not shall
it be construed as a waiver or strict performance of any other obligations herein,
22. 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 provisions 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,
23. BREACH. If either party breaches any provisions of this agreement, the
other party shall have the right, at his or her election, to sue for damages for such
breach, or seek other remedies or relief as may be available to him or her, and the
party breaching this contract should be responsible for payment of legal fees and costs
incurred by the other in enforcing their rights under this agreement.
24. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement
acknowledges that he or she is fully informed as to the facts relating to the subject
matter of this agreement, is entering into this agreement voluntarily, free from fraud,
undue influence, coercion or duress of any kind, has given careful thought to the
making of this agreement, has carefully read each provision of this agreement, and fully
and completely understands each provision of this agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
the day and year first above written:
WITNESS:
J~1I11EL1~,~j~
Date: 7/11)Z-
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Notarial Seal
Eric D. Wilmer, Notal)' Public
CarroIllWD., York county
My Commission Expires May 2'4. 2004
MernI1ii, Pennsyl>iBliia AssoefatforiOlNolaries
COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF CUMBERLAND )
On this, the ~ay oft~ ' 2002, before me, the undersigned
officer, personally appeared::To 'PH- J. Wzfls, ~ . known to me, (or
satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that he/she executed the same for the purposes therein
contained,
IN WITNESS WHEREOF, I ".'""2~; A'-
~ry Public
Notarial Seal
My commission expires: Eric D. Witmer, NOla50blic
CarrOIl1\vp" York
My Commission I:xpIres May !4, 2004
SEAL MemlJer, Penl1SylvBlliaAs9ociallariOlNolaiieS
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C HIA L. WELLS
Date: 7 -d 3~ O;;Z
COMMONWEALTH OF PENNSYLVANIA )
):ss
COUNTY OF CUMBERLAND )
On this, the ~3"i;y of V vt ,2002, before me, the undersigned
officer, personally appeared known to me, (or
satisfactorily proven) to be the rson whose name IS subscribed to the within
instrument, and acknowledged that he/she executed the same for the purposes therein
contained,
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
ary Public NOTARlALSEAL
commission expir s: JANEE.ADAMS,NolaryP~Ubllc
L Carlisle Boro, ~bI;rtand
My COmmissiOn Expires sept. 6,
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CYNTHIA LYNNE WELLS,
Plaintiff
v,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO, 2000 - 6447 CIVIL TERM
JOSEPH JOHN WELLS, SR.,
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 &3301 (c) of the Divorce
Code,
2, Date and manner of the service of the Complaint: Delivered bv certified mail.
restricted delivery. return receiot reauested. delivered on: q _~ d- _ 06
3. Date of execution of the affidavit of consent required by 3301 (c) of the
Divorce Code:
By Plaintiff:
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By Defendant:
4, Related claims pending: None.
5, Date Defendant's Waiver of Notice in 93301 (c) Divorce was filed with the
Prothonotary: '/ - .;L 3 - c> ~
Date Plaintiffs Waiver of Notice in 93301 (c) Divorce was filed with the
Prothonotary: I - d--- 'S, - 0 ~
Respectfully Submitted:
Date:
g' -- I d.. - 0 d-....
J e Adams, Esquire
, ,No, 79465
36 S. Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
Attorney for Plaintiff
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CYNTHIA LYNNE WELLS
PLAINTIFF
V,
JOSEPH JOHN WELLS, SR.
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
00-6447 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 29 day ofEPTEMBE ,2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at 214 Senate Avenne, Snite 105, Camp Hill, PA 17011 on the 1ST day ov.hVEMBE~, 2000, at 2:00 P.M
for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order, All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
By: /s/
Melissa P. Greevy. Esq.tJ
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabi]ites Act of ]990, For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office,
All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must
attend the scheduled conference or hearing,
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Te]ephone (717) 249-3166
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CYNTHIA LYNNE WELLS,
Plaintiff
vs,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2000 - 1.'1"1
CIVIL TERM
JOSEPH JOHN WELLS, SR"
Defendant
: IN DIVORCE
ORDER OF COURT
AND NOW, this
day of
,2000, upon consideration of the
attached Petition, it is hereby directed that the parties and their respective counsel appear before
, Esquire, Custody Conciliator, at
on
of
, 2000, at
o'clock _.M., for a Pre-Hearing
Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this
cannot be accomplished, to define and narrow the issues to be heard by the court and to enter into a
temporary order. All children age five or older may also be present at the conference. Failure to appear at
the conference may provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
By:
, Esquire
Custody Conciliator
cc: James 1. Kayer, Esquire
Attorney for Plaintiff
Joseph John Wells, Sr" Pro Se
Defendant
CYNTHIA LYNNE WELLS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: CIVIL ACTION - LAW
: NO. 2000 - &, </<-I 1
CIVIL TERM
JOSEPH JOHN WELLS, SR"
Defendant
: 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 gronnds for divorce is indignities or irretrievable breakdown of the marriage, you may request
marriage counseling, A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County
Courthouse, Carlisle, Pennsylvania,
IF YOU 00 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.
Cnmberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with
Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to
disabled individuals having business before the court, please contact our office, All arrangements must be made at least
72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing.
James 1. Kayer, Esquire
Attorney for Plaintiff
Liberty Loft
4 East Liberty Avenue
Carlisle, PA 17013
(717) 243-7922
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CYNTHIA LYNNE WELLS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: CIVIL ACTION - LAW
: NO. 2000 - (, '1'17
CIVIL TERM
JOSEPH JOHN WELLS, SR.,
Defendant
: IN DIVORCE
COMPLAINT IN DIVORCE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
COMES NOW, PlaintiffCYNTIllA LYNNE WELLS, through her attorney, James 1. Kayer, Esquire
and avers as follows:
COUNT I - DIVORCE
1. Plaintiff is CYNTHIA LYNNE WELLS, an adult individual, whose current address is 5 Pewter
Lane, Boiling Springs, Cumberland County, P A 17007.
2, Defendant is JOSEPH JOHN WELLS, SR, an adult individual, whose current address is 806
Boiling Springs Road, Cumberland County, P A, 17055.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six
months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on November 14, 1998 in Boiling Springs, P A.
5, There have been no prior actions of divorce filed in his matter.
6. Plaintiff and Defendant are not members of the United States Armed Forces.
7, The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c),
8, Plaintiff has been advised that counseling is available and that Plaintiff may have the right to
request that the court require the parties to participate in counseling,
WHEREFORE, the plaintiff requests this court to enter a decree in divorce,
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COUNT II - CUSTODY
9. Paragraphs 1-8 are incorporated herein as fully set forth.
10. Plaintiff seeks custody of the following child:
Name Present Residence Age
Joseph John Wells, Jr., 5 Pewter Lane, Boiling Springs, PA 17007, born March 29,1999
The child was born in wedlock,
The child is presently in the custody of the mother, Cynthia Lynne Wells.
Since birth, the child has resided with the following person(s) at the below address(es):
Birth to November 1998; With mother and father, Cynthia Lynne Wells and Joseph John Wells, Sr" Alyssa
and Tarmer Danley, at 63 Pine Street, Dillsburg, P A,
November 1998 to May, 31, 2000; With mother and father Cynthia Lynn Wells and Joseph John Wells, Sr.,
Alyssa and Tarmer Danley at 806 Boiling Springs Road, Mechanicsburg, P A
May 2000 to present: With mother at 5 Pewter Lane, Boiling Springs, P A 17007
The mother of the child is Cynthia Lynne Wells residing at 5 Pewter Lane, Boiling Springs, PA. She
is married,
The father of the child is Joseph John Wells, Sr., residing at 806 Boiling Springs Road,
Mechanicsburg, P A, He is married,
11. The relationship of Plaintiff to the child is that of mother, The Plaintiff currently
resides with the child and the following person(s):
Name Relationship
Alyssa and Tarmer Danley, Plaintiff's children to prior marriage.
Janet Rakes, mother of the Plaintiff,
12, The relationship of the defendant to the child is that of father. The Defendant
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currently resides with the following person(s):
Name
Relationship
None
13, Plaintiff has not participated as a party or witness, or in another capacity, in other litigation
concerning the custody of the child in this or another court. Plaintiff has no information of a custody
proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a
person not a party to the proceedings who has physical custody of the child or claims to have custody or
visitation rights with respect to the child,
14. The best interest and permanent welfare of the child will be served by granting primary physical
custody of the child to the mother as the other has been the primary caretaker of the child through his life
and the child will continue to benefit from living with his half siblings..
15. Each parent whose parental rights to the child has not been terminated and the person who has
physical custody of the child have been named as parties to this action. All other persons, names below, who
are known to have or claim a right to custody or visitation of the child will be given notice of the pendency
of this action and the right to intervene:
Name
Address
Basis of Claim
None
WHEREFORE, Plaintiff requests the court to grant primary physical custody to the Plaintiff.
Respectfully submitted,
Date: September 18, 2000
Jame J, Kaye ,E uire
4Li ~:AV' u
Carl s ,PA 013
(71 43-7922
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VERIFICATION OF PLEADINGS
The foregoing document is based upon information which has been gathered by my counsel
and myself in the preparation of this action, The language of the document may, in part, be the
language of my cOlillsel and not my O\Vn. I have read the statements made in this document and to
the e;>;:tent that it is based upon information which I have given to my counsel, it is true and correct
to the best of my knowledge, information and belief. To the extent that the contents of the
statements are that of counsel, 1 have relied upon counsel in making this Verification, 1 understand
that false statements herein are made subject to the penalties of 18 PA. C,S, S 4904, relating to
unsworn falsification to authorities,
Date:
Q-/2-60
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CYNTHIA LYNNE WELLS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYLVANIA
V.
: CIVIL ACTION - LAW
: NO. 2000 - 6447 CIVIL TERM
JOSEPH JOHN WELLS. SR.
Defendant
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AFFIDAVIT OF CONSENT ~<;f w~o
G 1. A coml1.laint in divorce under section 3301(c) of the Divorce Code was filed or!S = '.~~i~
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2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed-<
from the date of the filing arid service of the Complaint.
: IN DIVORCE
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 also understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification
to authorities.
Date: 7- J-:; -- Q'd---.
~AI1N ~ if--{~
Cyn ia Lynne Wells, Plaintiff
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER !i3301/cl OF THE DiVORCE CODE
1. I consent to 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. !j4904 relating to unsworn falsification
to authorities.
Date: 7 -:-~ 3 --0 ~
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CYNTHIA LYNNE WELLS.
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYLVANIA
: CIVIL ACTION - LAW
: NO, 2000 - 6447 CIVIL TERM
JOSEPH JOHN WELLS, SR..
Defendant
: IN DIVORCE
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AFFIDAVIT OF CONSENT 929'" pg
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2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety day~~e ela-psedS~ ;'"
from the date of the filing and service of the Complaint. :S ~, ~
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3. I consent to the ~ntry 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 also understand that false
statements herein are made subject to the penalties of 18 Pa.C.S, 4904, relating to unsworn falsification
to authorities.
Date: 7 ~ / C; - ;;A,oo ~
WAIVER OF NOTICE OF INTENTION
to REQUEST ENTRY OF A DIVORCE DECREE
UNDER 633011cl OF THE DIVORCE CODE
1. I consent to ent"\" 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 th,em 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 falsification
to authorities.
Date: '7 ~ I q --- d-OO ~
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CYNTHIA LYNNE WELLS,
Plaintiff
v,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYLVANIA
: CIVIL ACTION - LAW
: NO, 2000 - 6447 CIVil TERM
JOSEPH JOHN WELLS. SR..
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
c:; 1. A com~aint in divorce under section 3301 (c) of the Divorce Code was filed on
-;:),./-00.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of the 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 also understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification
to authorities.
Date: 7- J-~ ---- O'd--
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Cyn. ia Lynne Wells, Plaintiff
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER 633011cl OF T"'E DIVORCE CODE
1. I consent to entrt 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 thllm 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 se!nt 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 falsification
to authorities. .
Date: 7 -d- 3 --0 ~
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CYNTHIA LYNNE WELLS.
Plaintiff
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO, 2000 - 6447 CIVIL TERM
JOSEPH JOHN WELLS. SR..
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
9 1. A complaint in divorce under section 3301 (c) of the Divorce Code was filed on
-a 1-00
2. The marriage of Plaintiff anq Defendant is irretrievably broken and ninety days have elapsed
from the date of the 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 stat~ments made in this affidavit are true and correct. I also understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn faisification
to authorities.
Date: 7- Ie; -;).....cJO~
WAl\tlER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
. UNDER 63301 lei OF THE DIVORCE CODE
1. I consent to 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 falsification
to authorities.
Date: '7/ I q -- ().OO ~
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CYNTHIA LYNNE WELLS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO, 2000 - 6447 CIVIL TERM
V,
JOSEPH JOHN WELLS, SR.,
Defendant
: IN DIVORCE
iPLAINTIFF'S PETITION FOR RELIEF
,
AND NOW COMES, Plaintiff, Cynthia Lynne Wells, by and through her Attorney,
Jane Adams, Esquire, and respectfully represents that:
COUNT I r EQUITABLE DiSTRIBUTION OF PROPERTY
1, During the cou~se of the marriage, the parties have acquired numerous items
of property, both real ancj personal, which are held in joint names and in the individual
names of each of the parties,
,
2, Defendant is currently living in the marital home,
3. Plaintiff and Defendant have been unable to agree as to an equitable division
ofsaid marital property.
4, Plaintiff is seeking an equitable division of said property,
WHEREFORE, Plaintiff prays this Honorable Court to equitably divide the
property, both real and personal, owned by the parties hereto as marital property.
COUNT II - ALIMONY
5. Plaintiff lacks sufficient property to provide for her reasonable needs in
accordance with the standard of living of the parties established during the marriage,
6, Plaintiff is unaqle to support herself in accordance with the standard of living
of the parties established during the marriage through appropriate employment.
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WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding
Plaintiff from Defendant permanent alimony in such sums as are reasonable and
adequate to support and maintain Plaintiff in the station of life to which she has become
accustomed during the marriage.
Date: :A ' ~ tQ I 6 ~
mitted,
J e Adams, Esquire
I ,No, 79465
117 South Hanover St.
Carlisle, Pa, 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
CYNTHIA LYNNE WELLS
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CYNm LYNNE WELLS
PLAINTIFF
V.
JOSEPH JOHN WELLS, SR.
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-6447 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 16th day of February, 200 I, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliat
at 214 Seuate Avenue, Suite 105, Camp Hill, PA 17011 on the 19th day of March ,2001, at 1:00 p.m.
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order, All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
By: Isl
Melissa P. Greev Es
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. FOr information about accessible facilities and reasonable accommodations
available to disabled individual$ having business before the court, please contact our office, All arrangements
must be made at least 72 hours prior to any hearing or business before the court, You must attend the
scheduled conference or hearing,
i
YOU SHOULD TAKE TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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CYNTHIA LYNNE WELLS,
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
: NO. 2000 - 6447 CNIL TERM
JOSEPH JOHN WELLS, SR.,
Defendant
: IN DNORCE
ORDER OF COURT
AND NOW, this
day of
, 2001, upon
consideration of the attached Petition, it is hereby directed that the parties and their respective
counsel appear before Melissa Peel Greevy, Esquire, Custody Conciliator, at 214 Senate
Avenue, Suite 105, Camp Hill PA 17011 on the _ day of
,2001, at
o'clock _.M., for a Pre-Hearing Custody Conference. At such conference, an effort
will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and
narrow the issues to be heard by the court and to enter into a temporary order. All children age
five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order,
FOR THE COURT,
By:
, Esquire
Custody Conciliator
cc: James J. Kayer, Esquire
Attorney for Plaintiff
John 1. Baranski, Esq.
Attorney for Defendant
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YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
James J. Kayer, Esquire
Attorney for Plaintiff
4 East Liberty Avenue
Liberty Loft
Carlisle, P A 17013
(717) 243-7922
CYNTIllA LYNNE WELLS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
vs.
: CIVIL ACTION - LAW
: NO, 2000 - 6447 CIVIL TERM
JOSEPH JOHN WELLS, SR.,
Defendant
: IN DIVORCE
MOTION TO REAPPOINT CONCILIATOR
COMES NOW, Cynthia Lynne Wells, by her attorney, James J, Kayer, Esq" who does
hereby aver as follows:
1. The Petitioner is Cynthia Lynne Wells, Plaintiff in the above captioned action,
2. The Respondent is Joseph John Wells, Sr., Defendant in the above captioned action,
3, The parties are the natural parents of Joseph John Wells, Jr" born March 29, 1999,
4. The Plaintiff filed a Complaint in Divorce and Custody on September 21, 2000.
5, A conciliation conference was scheduled before Melissa P. Greevy, Esq" for
November I, 2000,
6, By mutual agreement of the parties, that conference was continued generally.
7, As the parties attempted reconciliation has not been successful, it is necessary to
address custody once again.
WHEREFORE, the Petitioner requests this Honorable Court to reappoint Melissa P.
Greevy as conciliator and to direct the conciliator to schedule a conciliation conference as soon
as practicable.
i1<ctfullY "bmitt<d,
Date: 1, I b I () I
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VERIFICATION
I, James J, Kayer, Esq" am the attorney for Cynthia Wells, and being duly affirmed
according to law, depose and say that the facts set for the in the foregoing Motion to Reappoint
Conciliator are true and correct to the best of my knowledge, information, and belief,
This verification is made subject to the penalties of 18 Pa. C.S.A. ~ 4904, relating to
unsworn falsification to authorities,
Date:
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4 t Liberty Avenue
Car Isle PA 17013
(717) 243-7922
Court LD. # S0838
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CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing PETITION TO MODIFY CUSTODY
was served on the following persons by First-class mail, postage prepaid, by forwarding a true
and correct copy unto:
Joseph John Wells, Sr.
806 Boiling Springs Road
Mechanicsburg P A 17055
John J. Baranski, Jr., Esq.
Suite 202
32 E. High Street
Carlisle P A 170
Date
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CYNTHIA LYNNE WELLS,
Plaintiff
v,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2000 - 6447 CIVIL TERM
JOSEPH JOHN WELLS, SR.,
Defendant
: IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
Plaintiff moves this Court to appoint a master with respect to the following claims:
X) Divorce (~ Distribution of Property
( ) Annulment ( ) Support
(Xl Alimony ( ) Counsel fees
( ) Alimony Pendente Lite ( ) Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims for which the appointment of a master is requested.
(2) The Defendant has appeared, in this action by his attorney, John Baranski, Esquire, however,
it is believed that John Baranski is no longer representing defendant.
(3) The statutory ground for divorce is 3001 (c).
(4) Delete the inapplicable paragraph(s):
(a) TR6 aelieR is Rot e6Rte;slefl.
(b) An agreement Rag been reael=leeJ ""it" respeet to 11=1e fellevving eI8il"l.3:
(c) The action is contested wtih repsect to the following claims:
(5) The action (involves)(does not involve) complex issues of law or fact.
(6) The hearing is expected to take ~ tfI8ys)~
(7) Additional information, if any, relevant to the motion:
Date:
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ORDER APPOINTING MASTER
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AND NOW, this' 'fi./i1JJ j , 2002, Robert Elicker, Esquire, is appointed Master with
repsect to the following c ai s: t2.l1.-----
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CYNTHIA LYNNE WELLS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO, 00 - 6447 CIVIL
JOSEPH JOHN WELLS, SR.,
Defendant
IN DIVORCE
TO: Jane Adams
Attorney for plaintiff
Joseph John Wells, Sr,
Defendant
DATE: Thursday, March 7, 2002
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery,
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DATE
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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CYNTHIA LYNNE WELLS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 6447 CIVIL
JOSEPH JOHN WELLS, SR.,
Defendant
IN DIVORCE
TO: Jane Adams
Attorney for Plaintiff
Joseph John Wells, Sr,
Defendant
DATE: Thursday, March 7, 2002
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a)
Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
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LAINTIFF J;x:7)
DEFENDANT ( )
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
vs.
NO. 00 - 6447
CIVIL
19
IN DIVORCE
JOSEPH JOHN WELLS, SR.
Defendant
STATUS SHEET
DATE:
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ACTIVITIES:
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CYNTHIA LYNNE WELLS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 6447 CIVIL
JOSEPH JOHN WELLS, SR.,
Defendant
IN DIVORCE
TO: Jane Adams
Attorney for Plaintiff
Joseph John Wells, Sr.
Defendant
DATE: Thursday, March 7, 2002
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY,
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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Jane Adams
ATTORNEY AT LAW
36 SOUTH PITT STREET
CARLISLE, PA. 17013
(717) 21'5-8508 voice
(717) 21'5-8538 fax
esQadams{@ao1.com
July 30, 2002
Robert Elicker, II, Esquire
Divorce Master
9 N, Hanover St
Carlisle, Pa, 17013
Re: Wells v. Wells
No, 2000 - 6447 Civil Term (Cumberland County)
Dear Mr. Elicker:
Enclosed please find a marriage settlement agreement in the above-captioned matter as
well as copies of Affidavits of Consent signed by both parties, Please vacate your appointment
in this matter in order that I might request a final Decree in Divorce,
Thank you for your attention to this matter. Please contact me if there are any questions
regarding the above.
cc: Cindy W
Joseph John Wells
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Jane Adams
ATTORNEY AT LAW
117 South Hanover Street
Carlisle, Pa, 17013
Phone:(717) 245-8508 Fax:(717) 245-8538
www.adamslaw.net
April 19, 2002
Robert Elicker, II, Esquire
Divorce Master
9 N, Hanover St,
Carlisle, Pa. 17013
Re: Wells v, Wells
No, 2000 - 6447 Civil Term (Cumberland County)
Dear Mr. Elicker:
I represent Cindy Wells in the above-referenced matter. I have recently been contacted by
Joseph Wells regarding this case and I am currently in the process of preparing a marriage
settlement agreement.
In your letter of March 2S,2002, you directed that a pre-trial memorandum be submitted
on April IS, 2002. Since it appears that the parties may now be working towards settlement of
this matter, I will hold-off on preparing the pre-trial or requesting a conference at this time,
If there is any problem with such delay, please feel free to contact me,
Thank you for your kind cooperation regarding the above,
/JA
Very truly yours,
uACVvvv'd-
Adams, Esquire
cc: Cynthia Wells
Joseph Wells, Sr,
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240,6535
E. Robert Elicker, II
Divorce Master
Traci Jo Colyer
Office Manager/Reporter
West Shore
697,0371 Ex\. 6535
March 25, 2002
Jane Adams
Attorney at Law
117 South Hanover Street
Carlisle, PA 17013
Joseph John Wells, Sr.
806 Boiling Springs Road
Mechanicsburg, PA 17055
RE: Cynthia Lynne Wells vs, Joseph John Wells, Sr.
No. 00 - 6447 Civil
In Divorce
Dear Ms, Adams and Mr, Wells:
Attorney Adams has certified that discovery is complete. Mr. Wells
was ambiguous in his response; however, I amo going to proceed on the
basis that there are no outstanding discovery issues which will delay the
process of filing of pretrial statements and a pre-hearing conference,
The complaint in divorce was filed on September 21,2000, raising
grounds for divorce of irretrievable breakdown of the marriage, No
economic claims were raised in the complaint, I assume that with
respect to' grounds for divorce, the parties will sign affidavits of consent
and waivers of notice of intention to request entry of divorce decree or
have been separated for a period in excess of two years, so that the
divorce can proceed under the no-fault provisions of the Domestic
Relations Code,
On February 26, 2002, the Plaintiff filed a petition raising
economic clams of equitable distribution and alimony.
In accordance with P.R.C.P. 1920.33(b) I am directing Attorney
Adams and Mr, Wells, who is unrepresented, to each file a pretrial
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Ms, Adams and Mr, Wells
25 March 2002
Page 2
statement on or before Monday, April 15, 2002. Upon receipt of the
pretrial statements, I will immediately schedule a pre-hearing conference
with counsel, and with Mr. Wells, if he remains unrepresented, to
discuss the issues, and if necessary, schedule a hearing.
Very truly yours,
E, Robert Elicker, 11
Divorce Master
NOTE:
Sanctions for failure to file the pretrial statements are set
forth in subdivision (c) and (d) of Rule 1920,33.
THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED
IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY
TO OPPOSING COUNSEL.
FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED
BY THE MASTER MAY RESULT IN THE MASTER'S
APPOINTMENT BEING VACATED,
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Jane Adams
ATTORNEY AT LAw
117 South Hanover Street
Carlisle, Pa, 17013
Phone:(717) 245-8508 Fax:(717) 245-8538
www.adamslaw.net
March 19,2002
Robert Elicker, II, Esquire
Divorce Master
9 N. Hanover St.
Carlisle, Pa. 17~J13
Re: Wells v. Wells
No. 2000 - 6447 Civil Term (Cumberland County)
Dear Mr. Elicker:
Enclosed please find my discovery certification in the above-referenced case which
indicates that discovery is complete. .
Thank you for your kind cooperation regarding the above. Please contact me if you have
any questions regarding this matter. .
/JA
cc: Cynthia Wells
Joseph Wells, Sr,
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MAR 2 6 2001~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 00-6447
CYNTHIA LYNNE WELLS,
Plaintiff
JOSEPH JOHN WELLS, SR.,
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this 2 :;."'" day of March, 2001, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. Legal Gustody. The parties, Cynthia Lynne Wells and Joseph John Wells, Sr" shall
have sharedleglal custody of the minor Child, Joseph John Wells, Jr., born March 29, 1999.
Each parentsh4U.have an equal right, to be exercised jointly with the other parent, to make all
major non-emergellcy decisions affecting the Child's general well-being including, but not
limited to, alldeqisions regarding his health, education and religion, Pursuant to the terms of
Pa, C. S,s5$09,ieach parent shall be entitled to all records and information pertaining to the
Child including, but not limited to, medical, dental, religious or school records, the residence
address of me Child and of the other parent. To the extent one parent has possession of any
such records or 'information, that parent shall be required to share the same, or copies thereof,
with the other p~rent within such reasonable time as to make the records and information of
reasonable l.Jse to the other parent.
2. Physical Custody.
A. Weekends, On the first weekend of even-numbered months, Mother shall
have physical custody from Friday at 3:30 p.m, until Sunday at 7:00 p.m.
On the first weekend of odd-numbered months, Father shall have physical
custody from Friday at 3:30 p,m, until Sunday at 7:00 p.m, On the
remaining weekends, Father shall have physical custody from Saturday at
5:30 p,m. until Sunday at 5:30 p.m,
B. Weekdays, By Sunday of each week, the parties shall agree on one
additional period of weekday custody which shall occur on either Tuesday,
Wednesday or Thursday of that week, The custodial time for weekday
custody shall be from 3:30 p,m. until 7:15 p.m,
3, Vacation. Father shall have custody for the vacation period from July 4, 2001,
through July 8,2001, and from August 17, 2001, through August 20,2001. In subsequent
years, the parties shall notify each other thirty days in advance of their vacation plans, Each
party shall be entitled to seven continuous days of vacation time for the purposes of custody.
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No. 00-6447
4, Neither party shall do or say anything which may estrange the Child from the other
parent, injure the opinion of the Child as to the other parent, or hamper the free and natural
development of the Child's love and respect for the other parent. Each parent shall ensure
that third parties also comply with this provision during his or her periods of custody,
5, The Child shall not be left in the care of persons who are consuming alcoholic
beverages, The parties shall likewise ensure, to the extent possible, that household members
and/or household guests shall not be providing alcoholic beverages to the minor Child or
consuming alcoholic beverages to the point of intoxication while in the presence of the minor
Child,
6. In the event that either party is unavailable to provide care for the Child during his or
her period of custody for a period of three hours or more, that party shall first make a
reasonable effort to contact the other party to offer that parent the opportunity to provide care
for the Child before contacting third-party care givers,
7. Transportation, The parties shall share transportation by having the parent who is
beginning their period of custody provide transportation,
8. In the event that the parties are planning to be out of state during a period of
custody, they shall provide each other with a telephone number and address where they can
be located during that time.
9. It is noted that Mother has attended the Seminar for Separating Families. Father
shall likewise attend the Seminar and provide, through counsel, to the Mother's counsel a
certificate indicating the completion of the Seminar within ninety days of the date of this Order.
10. Holidays, The holiday shall schedule shall supercede the regular schedule.
A. Christmas. Christmas shall be shared on an Al8 schedule. Segment A
shall be from December 24th at 7:00 p,m. until the exchange time of
December 25th at 1 :00 p.m, Segment 8 shall be from December 25'h at
1 :00 p,m, until December 26th at 7:00 p,m, In odd-numbered years,
Mother shall have Segment A and Father shall have Segment 8, In even-
numbered years, Father shall have Segment A and Mother shall have
Segment 8,
8, Easter. Mother shall have custody for Easter 2001, from 3:30 p,m, on the
Saturday before Easter until 2:00 p.m. on Easter Sunday. The parties
shall share this holiday in a similar fashion in subsequent years,
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No, 00-6447
C. Trick-or-Treat Night. In the event that the parties' communities celebrate
Trick-or-Treat on the same night, Father shall enjoy custody on Trick-or-
Treat night 2001 and subsequent odd-numbered years; Mother shall have
custody on Trick-or-Treat night in 2002 and subsequent even-numbered
years,
D. Thanksgiving, Thanksgiving shall be shared on an A1B schedule,
Segment A shall be from 9:00 a,m. until 3:00 p,m, Thanksgiving Day.
Segment B shall be from 3:00 p.m, until 9:00 p,m. Thanksgiving Day. In
odd-numbered years, Father shall have Segment A and Mother shall have
Segment B, In even-numbered years, Mother shall have Segment A and
Father shall have Segment B,
E. Mother's Day/Father's Day, Mother's Day custody shall be with Mother
and Father's Day custody shall be with Father,
BY THE COURT,
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Dist: James J, Kayer, Esquire, 4 Liberty Avenue, Carlisle, PA 013
John J. Baranski, Esquire, 35 E. High Street, Carlisle, PA 17013
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CYNTHIA LYNNE WELLS,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-6447
JOSEPH JOHN WELLS, SR.,
Defendant
CIVIL ACTION - LAW
CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915,3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is
as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Joseph John Wells, Jr.
March 29,1999
Mother
2. A Custody Conciliation Conference was held on March 19, 2001, with the following
individuals in attendance: the Mother, Cynthia Lynne Wells, and her counsel, James J. Kayer,
Esquire; the Father, Joseph John Wells, Sr., and his counsel, John J. Baranski, Esquire.
3. The parties reached an agreement in the form of an Order as attached,
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Date
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Melissa Peel Greevy, Esquire
Custody Conciliator
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CYNTHIA LYNNE WELLS, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
: NO. 2000 - 6447 CIVIL TERM
JOSEPH JOHN WELLS,SR.,
Defendant : IN DIVORCE
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Plaintiff, CYNTHIA LYNNE WELLS, in
the above-captioned case,
Date: /).9 0- o~
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CYNTHIA LYNNE WELLS.
Plaintiff,
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
No. 00-6447 Civil Action - Law
JOSEPH JOHN WELLS. SR..
Defendant.
In Custody
ORDER OF COURT
AND NOW, this 9th day of November, 2000, the Conciliator, being advised by Plaintiff's
counsel that the Plaintiff no longer desires to pursue the above captioned custody matter, hereby
relinquishes jurisdiction in this case,
FOR THE COURT,
Melissa Peel Greevy, Esquire
Custody Conciliator
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CYNTIDA LYNNE WELLS,
Plaintiff
vs.
JOSEPH JOHN WELLS, SR"
Defendant
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO, 2000 - 6447 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF SERVICE BY MAIL
PURSUANT TO Pa. R.C.P.1920.4(a)(1)(ii)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: SS,
I, James J. Kayer, Esquire, being duly sworn according to law, deposes and says that he is
the attorney for Plaintiff, Cynthia Wells, and that he did serve a true and correct copy of the Notice
to Defend and Complaint in Divorce that was filed in the above matter, by U,S. Mail, postage
prepaid, certified with restricted delivery, return receipt requested, unto the Defendant, Joseph 1.
Wells, on September 22, 2000. The return receipt is attached hereto,
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. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery 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: W ~
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PS Form 3811,' JUly 1999 - Domestic Return Receipt
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102595-99-M-1789
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CYNTHIA LYNNE WELLS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 6447 CIVIL
JOSEPH JOHN WELLS, SR.,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
u
day of ~r
the proceedings having
2002, the economic claims raised in
been resolved in accordance with a marriage settlement
agreement dated July 23, 2002, the appointment of the Master
is vacated and counsel can file a praecipe transmitting the
record to the Court requesting a final decree in divorce.
BY THE COURT,
.J.
cc: Jane Adams
Attorney for plaintiff
Joseph John Wells, Sr.
Defendant
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CUMBtti:..AI'iD COUNTY
PEN~~S'llVAN\I\
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
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C'Ii'\thitt. L'1(1he (,Ve.Jlr
. Plaintiff
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File No.;2 O[)()-Cn'lif7
vs.
IN DIVORCE
So.<;prh .)t>h", (.lJdl))~12
Defendant
NOTICE TO 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
~ day of CAU5US+- ,. -:2f)O';;< ,hereby el.ects to resume the
prior surname of ynJ-h;t:.:. J:\}hh-€' Rn 1:1?S' . and gives
this written notice pursuant to the provisions of 54 P.S. S 704.
DATE: '71-0/;-03
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Sl.gnat e
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4t'it:!a ture . of r;a-;";;j b';in~ resumed
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF CUMBERLAND
On the _-.5~ day of AOr, \ 2J:iJ3. before me. a
Notary Public. personally appeared the 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,
seal.
In Witness Whereof. I tlave here;'nto set my hand and official
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NOTAAIAl SEAl
DARCIE A. NEll, Notary Public
Clll'_, Cumberland County
My Ooll1ll1lssion Expi,eo Nov. 24, 200"
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