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HomeMy WebLinkAbout01-04098 IN THE COURT OF COMMON PLEAS HOLLX L. STUART ~[ O, 01-4098 Civil Term VERSUS DARRY J. STUART Defendant DECREE IN DIVORCE ,7 ~~ 1 AND NOW, ,~~, IT IS ORDERED AND DECREED THAT HOL L. STUART PLAINTIFF, AND DARRY J. STUART ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, 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; NONE This Agreement of October 27, 1999 is hereby incorporated into the the Final Divorce Decree. L .~ ->: ~ ,,~ ~~~:~ ~°~~ ~' ~P SEPARATION AGREEMENT THIS AGREEMENT, made and entered into this.,`,, day of October, 1999, by and between: DARRY J. STUART, of 5225 Joshua Road, Mechanicsburg, Pennsylvania, party of the first part, hereinafter "Husband" AND HOLLY LYNN STUART, of 5225 Joshua Road, Mechanicsburg, Pennsylvania, party of the second part, hereinafter "Wife" WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as "the parties") were married on July 26, 1997; and WHEREAS, in consequence of disputes and unhappy differences, Wife intends to live apart from Husband effective October 16, 1999; and WHEREAS, the parties intend to confirm the pending separation and make arrangements concerning their financial affairs whether or not such separation takes place on October 16, 1999; and WHEREAS, the parties have accumulated certain assets and incurred certain debts during their marriage; and WHEREAS, the parties acknowledge that each has had the full LAW OFFICES SNELBAKER. 6RENNEMAN & SPARE opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status and with respect to the terms and provisions of this Agreement and the meaning and legal effect thereof and have either obtained such counsel and advice or have voluntarily declined to do so; and WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs which they believe to be fair, just and equitab3e. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. MUTUAL SEPARATION. Husband and Wife shall be free from constraint and control by the other as fully as if he or she were unmarried. Neither--shall disturb, trouble or interfere in any way with the other or with any person for associating with the other. LFW OFFICES S NELBAKER, BRENNEMAN & SPARE ~Z~ 3. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION. The parties declare and agree that they have, prior to the execution of this Agreement, voluntarily agreed to divide and distribute between them a portion of the assets which they acquired during their marriage. Wife shall own and possess, free and clear of any right or-claim of Husband, those items of property set forth on Exhibit A attached hereto and incorporated by reference herein. Husband shall own and possess all other items of furniture located in the marital home at 5225 Joshua Road, Mechanicsburg and not designated on Exhibit A free and clear of any right or claim of Wife. All other items of personal property in the marital home, not constituting furniture or described on Exhibit A, shall be divided between the parties as they shall agree, it being acknowledged by the parties that they will make a good faith effort fairly to divide the remaining personalty between them. Wife agrees to return to Husband those items so noted on Exhibit A. The division and distribution of property as set forth above has occurred whether or not said property is or would be deemed to be marital property under Pennsylvania Divorce Code and subject to equitable distribution. The parties declare and acknowledge that they are fully LAW OFFICES SNELHAKER, BRENNEMAN & SPARE aware and familiar with all assets and property that each have brought into the marriage and that has been obtained or acquired separately or jointly by them during the course of their ~~ marriage and therefore waive any valuation thereof -3- I~ u Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance with this Agreement by the other party and hereby declares and acknowledges that the voluntary division by them of all property, whether marital or not, is fair and equitable. 4. MARITAL RESIDENCE AT 5225 JOSHUA ROAD, MECHANICSBURG. Husband and Wife acknowledged that they acquired during their marriage real property improved with a residence located at 5225 Joshua Road, Mechanicsburg, Pennsylvania (hereinafter the "marital residence"). It is further acknowledged that the. marital residence is encumbered by a mortgage. Wife agrees to execute a special warranty deed with Husband, conveying all of her right, tit3e and interest in the marital residence to Husband. Such deed will be held by Husband's attorney and recorded subsequent to and only in the event Husband refinances the mortgage on the marital residence as set forth below. Husband agrees to pay and be solely responsible for payment of the mortgage on the marital premises. Husband agrees to indemnify and hold Wife harmless of and from any liability arising out of Husband's failure to pay the mortgage. Husband has the option within three (3) years of the date LAW tlFFICES SNEL~AKER. BRENNEMAN & SPARE of this Agreement to refinance the mortgage on the marital residence for purposes of having Wife removed from said -4- LqW OFFICES S NELBAKER• BRENNEMAN & SPARE obligation. Wife agrees to promptly execute any and all documents reasonably required by any lender refinancing the mortgage for Husband .. .Upon refinancing of the mortgage, the deed made reference to above shall be recorded by Husband. In the event Husband does not refinance the mortgage within three years of the date of this Agreement, the marital residence shall be-sold at a price to be determined solely within the discretion of Husband and all proceeds of such sale shall be paid to and belong solely to Husband. In the event the marital residence is sold, Wife agrees to promptly sign all documentation necessary for the listing, sale and closing on the purchase and sale of the marital residence. 5. PRESENT DEBTS AND LIABILITIES. Wife acknowledges that she has prior to the date of this agreement incurred credit card debt on two credit cards-that are in her name alone and for which she is solely liable: Discover card-#6011 3003 8054 1886 and PNC Visa card #4270 0326 1506 0603. Upon execution of this Agreement by 7~oth parties and Wife's return to Husband of property as noted on Exhibit A, Husband agrees to immediately pay the outstanding Discover card debt of Wife and the outstanding PNC Visa card debt of Wife, the sum of which payments by Husband shall in no event exceed $15,000.00. It is agreed that at the time the items of property are picked up or delivered to Husband, Husband will simultaneously deliver the above payments to Wife. Wife agrees to pay and be solely ~ responsible for payment of any remaining balances due under both ~I i~ -5- i cards and any future charges made by her on those card accounts. Except as otherwise noted herein and further excepting any credit card debt for which Wife alone is responsible, Husband agrees to pay and be responsible for all other debt known to or disclosed to Husband that has been incurred jointly by both parties prior to the date hereof. Each party agrees to be solely responsible for the payment and extinguishment of the debts allocated to him/her in accordance with this Agreement whether or not the other party may be solely or jointly liable to pay such debt through any agreement with the respective creditor. Each party agrees that he or she will indemnify and hold . harmless the other party of and from any and all liability, loss, damage, expense and reasonable attorhey's fees arising from said party's failure to pay or extinguish any debt agreed to be paid or extinguished in this Agreement. 6. PAYMENT TO WIFE BY HUSBAND. Husband agrees to pay to LAW OFFICES S NELBAKER. BRENNEMAN & SPARE Wife the difference between $15,000.00 and the total amount paid by Husband toward the credit card debts of Wife as specified in Paragraph 5, above, upon execution of this Agreement by the parties and upon delivery by Wife of the special warranty deed made reference to in Paragraph 4, above. This payment will be considered a payment to Wife as part of the equitable distribution of marital property and not as alimony or support. 7. WIFE'S FUTURE DEBTS. Wife represents and warrants to Husband that she will not contract or incur any debts or -6- liabilities for which Husband or his estate may be responsible and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her since the date of this Agreement. 8. HUSBAND'S FUTURE DEBTS. Husband represents and warrants to Wife that he will not contract or incur any debts or liabilities for which Wife or her estate .may be responsible and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him since the date of this Agreement. 9. TAXES. Husband and Wife agree to indemnify and hold each other harmless should either party have to pay any taxes, interest andJor penalties assessed a's a result of any error in the reporting of income and/or in the preparation of any tax return by the other party during the years in which they are married. 10. AUTbMOBILES. The parties acknowledge that Wife LAW OFFICES SNELBAKER, HREN NEMAN & SPARE acquired during their marriage a 2000 Honda Civic which is titled, in Wife's name alone and encumbered by a debt for which Wife is solely responsible. Wife shall retain sole possession, ownership and use of the Honda free of any claim of Husband and shall be solely responsible for paying the loan for which such vehicle and shall hold harmless and indemnify Husband from any liability for such loan. The parties further acknowledge that they have leased -7- together a Lexus. Husband shall retain sole possession and use of the Lexus free of any claim of Wife. Husband-shall be.solely liable for payment of any and all sums due under the lease agreement respecting the Lexus and shall hold harmless and indemnify Wife from any liability thereunder. -Wife agrees to execute any documents necessary to terminate the lease agreement at its expiration or prior thereto if requested by Husband. Husband agrees to pay all costs associated with removing Wife's name from the present lease. Each party agrees to remove the otheY as a named insured under their respective automobile insurance coverage. Husband also agrees to have Wife's name removed from the liability or hazard insurance policy covering the marital residence if permitted by the insurer. 11. PENSION, 401K, RETIREMENT PLANS, BENEFITS AND EMPLOXMENT BENEFITS. Each party waives and forever releases the other of and from any and all claims which either may have against the other's pension, 401K Plan, retirement plan or any other retirement plan, benefit or employee benefit pr benefits. The parties acknowledge that each has his or her own health insurance through their present employers and they now and in the future are not responsible for providing health or medical insurance for the benefit of the other. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE .g. 12. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Each party waives and forever releases the other party of and from any and all claims which either may have against the other for spousal support and for all claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 13. GENERAL RELEASE. Husband relinquishes his inchoate LAW OFFICES S NELBAKER, BRENNEMAN & SPARE intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband; and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind, or nature, for or because of any matter or thing done, omitted or suffered to be done by such-other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. -9- 14. SUBSEQUENT DIVORCE. Nothing herein contained shall be deemed to prevent either of the parties from maintaining suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted,-the parties shall be bound by all terms of this Agreement, and this Agreement shall be incorporated, but not merged in any Order or Decree of Divorce. 15. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no- order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or-modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. 16. COUNSEL .FEES. Each party to this Agreement shall be responsible for paying his or her own counsel fees and related costs associated with the future initiation of any divorce action and the execution and consummation of the provision of this Agreement. 17. COOPERATION. The parties agree to cooperate with each LAW OFFICES s NELBAKER. BREN NEMAN & SPARE other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be -10- determined to be requisite and. necessary to effect the purposes and intention of this Agreement. 18. BREACH; INDEMNIFICATION. .If either party hereto breaches any, provision hereof, then the nonbreaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. Each party agrees and covenants to indemnify and hold harmless the other party from any and all liability --- and/or claims and/or damages and/or expenses (including attorneys' fees and expenses of litigation) that the indemnitee may sustain or may become liable or answerable-in any way whatsoever, or shall pay upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein. 19. VOLUNTARY EXECUTION. The parties declare and LAW OFFICES SNELBAKE R. BREN NEMAN & SPARE acknowledge that they have had the opportunity to have the provisions of this Agreement and their legal effect fully explained to them by independent counsel of their choosing and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the -11- result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to-the financial affairs of the other to the extent same has been requested by each of them. 20. ENTTRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both-parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution ~I of marital property, but`nothing herein contained shall constitute a waiver by either party of any rights to seek the i ,_A~y OFFICES II relief of any court for the purpose of enforcing the provisions sNE4RAKER, BRENNEMAN of this Agreement. & SPARE 21. WAIVER. 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. 22. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 23. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purpose of interpretation or construction of the text of this Agreement. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above written intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: HUSBAND: WIFE: ~J t0-u~ (SEAL) Darr Stuart (SEAL) LAW OFF~CEE S NELBAKER. BRENNEMAN & SPARE -13- ~~ ii EXHIBIT A 1. PURPLE CHAIR AND FOOT CHAIR 2. SONY TV 3. BLACK TV STAND IN MASTER BEDROOM 4. BLACK CHAIR CRACKLE PAINTED 5. CHROME AND GLASS TABLES X2 6. PICTURES X4 7. BLACK STAND 8. FOUNTAIN , 9. BLACK SHELF 10. TREAD MILL 11. STEPPER 12. SMALL 13 TV HOLLY`S 13. TV STAND IN WORK OUT ROOM 14. SMALL STAND IN WORK OUT ROOM 15. CLOTHES AND-SHOES HOLLY`S 16. PAMPERED CHEF STUFF 17. LAWN CHAIR, GREEN TABLE AND CHAIR 18. FLOWER HOLDER FOR OUTSIDE 19. BAILEY AND ALL THINGS 20. X-MAS ITEMS, HOLLY WILL GIVE ME ITEMS OF X-MAS STUFF DURING THAT SEASON 21. VCR 22. SOME MOVIES LAW OFFICES s NEL6AKE R. 23. KRUPP OVEN BREN NEMAN & SPARE 24. IRON & IRON BOARD 25. 1/2 DECOR 26. SOME CDS AND HOLDER 27. SOME PLANTS 28. CROCKPOT, BRAUN BLENDER, POT HOLDERS, COFFEE POT 29. TOMMY BATHROOM ' 30. COAT RACK 31. BLUE STOOL 32. Cp-BOOM BOX 33. BLACK TABLE IN SPARE BEDROOM 34. BATHROOM TOWELS , 35. MOTOROLA PHONE 36. PANTRY BOWLS, CASSEROLES BASKET ICE BUCKET 37. SCALE 38. KITCHEN TABLE ONLY 39. DECOR ABOVE FOUNTAIN 40. WEDDING BOX, AND OTHER ITEMS ITEMS TO BE RETURNED BY WIFE: 1. BLACK & W~iITE. COMFORTER 2. TWO PILLOWS WITH BLACK CASES 3. ONE PILLOW AND GREEN CASE 4. GARAGE DOOR OPENER 5. X-MAS ITEMS 1/2 AT CHRISTMAS TIME 6. CLOTHES LINE 7. PATIO UMBRELLA LAW OFFICES 5 NEL6AKER. 8. AMISH TOY gRENNEMAN ~,, & SPARE g, DAY BED, to be returned within forty-five days of the date of this Agreement i t~ HOLLY L. STUART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. No.01-4098 Civil Term DARRY J. STUART, CIVIL ACTION- IN DIVORCE Defendant To the Prothonotary: PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section ( x) 3301 C ( ) 3301 D of the Divorce Code. (Check applicable code ) 2. Date and manner of service of the complaint Certified-restricted delivery 7/10/01 3. (Complete either pazagraph (A) or (B) .) (A) Date of execution of the affidavit of consent required by Section 3301 (C) of the divorce code: By plaintiff . 4/15/02 ; by defendant 4/22/02 (B) (1) Date of execution of the plaintiff s affidavit required by Section 3301 (D) of the Divorce Code: ; (2) Date of filing and service of the plaintiff's affidavit upon the respondent 4. Related claims pending: NONE 5. (Complete either (a) or (b) J (A) ,Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (B) Date plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: 4/23/02 Date defendant's Wavier of Notice in § 3301 (c) Divorce was filed with the Prothonotary: 4/23/02 ~ ~.2~ Attorney for (x) Plaintiff ( )Defendant proEaon.-09 ~: HOLLY L. STVART, Plaintiff vs. DARRY J. STVART, Defendant IN THE COURT OF COMMON PLEAS CVMEjERLAND COUNTY, PENNSYLVANIA NO. Q~ '7~Q1~ 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 Court Administrator's Office, Cumberland County Courthouse, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKES 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 County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 HOLLY L. STUART, Plaintiff vs. DARRY J. STUART, Defendant IN THE COURT OF CONr2ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN DIVORCE COMPLAINT IN DIVORCE 3301(c) 1. Plaintiff is HOLLY L. STUART, whose mailing address is 323 Rosemont Avenue, New Cumberland, Cumberland County, Pennsylvania. Plaintiff's social security number is # 184-68-0514. 2. Defendant is DARRY J. STUART, who resides at 5225 Joshua Road, Mechanicsburg, Cumberland County, Pennsylvania. Defendant's social security number is 016-66-9273. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 26, 1997 in Cumberland County, Pennsylvania. 5. There has been no prior action for divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. the plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. Respectfully submitted: ~~ Jud' h A. Calkin, Esquire A rnev for Plaintiff 2201 North Second Street Harrisburg, PA 17110 (717) 238-2312 Commonwealth of Pennsylvania: ss. County of Dauphin I verify that the statements made in this 3301 (c) Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. r Date: o y Stuart Sworn and Subscribed before me this .~~ day /of ., 2001. i ~("~UUVnti .[J-2~(.~t D~- Notary Public .--. NOTARIAL SEAL ELLEN ROSENBLOOM, Notary Public Crty of Harrisbu ,Dauphin County M C i ' ~OQ3... CERTIFICATE OF SERVICE I, Judith A. Calkin, do hereby certify that a true and correct copy of the 3301 (c) Divorce Complaint was served by U.S. postal delivery, certified-restricted delivery from Harrisburg, PA. postage-prepaid to the following person: Darry J. Stuart 5225 Joshua Road Mechanicsburg, PA 17055 Dated: ~~~7~/l~ Calkin, &sq. I ~ . .i HOLLY L. STUART, vs. Plaintiff DARRY J. STUART, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 01-4098 CIVIL TERM . IN DIVORCE AFFIDAVIT OF SBFVICE I, Judith A. Calkin, Esquire, deposes and says: 1. That she is an adult individual residing in Dauphin County, Pennsylvania. 2. That on July 6, 2001 sent by certified delivery, requested from Harrisburg, Pennsylvania, No. 7099 3220 0009 4715 4589, if applicable, the 3301 (c) Divorce Complaint in the above- captioned case to: Darcy J. Stuart 5225 Joshua Road Mechanicsburg, PA 17055 3. That on July 10, 2001 Darcy Stuart signed the receipt No. 7099 3220 0009 4715 4589 and it is att~hed to this affidavit. Date: 4/22/02 ith A. Calkin, Esquire ttorney for Plaintiff 2201 North Second Street Harrisburg, PA 17110 (717) 238-2312 a • '4 ) ~ ~~NI~ ~ 1 ~ ', Postage $ ~.57 ~/S • T _ Certifetl Fee 1'J P D"' Retum Receipt Fee. (Endorsement Requred) - Here (~ ~ O O Reslnctetl DeliveryFee (Endorsement Required) ~~,~ ....// dQ `~ Total Postage & Fees ~ ~~.~ ~:' ~' Nam learly)(T ~(Pl;are Print C be completed tly malrer) e/ `A` ' ~ ,/ J - ~ .~._U _ ............ Apt N~ i P S t B l J ..........._............. 0 , m ux a. dree ( ~ Q : 1seZ ~:~ ~0 -S A 1 2 ~ M1, _.. . .. . . . . . . ...._ ........ Cltyi Ste , Pt 4 CA... ..........._......_.._. ~r ~ I l7.1 p t am y • s s %rfe d e o~ bye ,11AwtCT dY) B. ~ ate of ~~r hat we retur n the and y ^ Attach this card to the b k L S atore CJ ac of the mailpiece, or on the front if space permits. Arent " 1. Article Atldressetl [o: D. Is tlelive ~ l e Ss differen t f rom Rem 1? Addressee Yes q/~ LJ (a Y`~-(,( Sc~u rq T'--~ ~ S below: ~ A E~~nR Ie e~a~ Sl ^ l A[LVo _ 11 ~ ~ a s `~ °S "~ ~ ~'~- V Y DELIVERY (~ Y 01~~p')l/,~S b;,~ ~~ 3`3e!vice Type ~ Certified Mail ^ Express Mail U SS ^ Registered ^ Retum Receipt for Merchantlise ^ Insured Mail ^ C.O.D. - _ _ _ _ _ _ _ 2. Article Ni - _ _ _ 4. Restricted Delivery? (Extra Fee) - - - - - _.. _ _ _ _ es 7d .. _ _ _ g9M4789 _ _ + Y ~ }' . ~^y +J : "? ~i' ~ i 7p v~ i ~rG' 1 ~ '. ca. : a- : .. -; N sr v 3 ~s ~'o HOLLY L. STUART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND CO., PENNSYLVANIA vs. DARRY J. STUART, Defendant NO. 01-4098 Civil Term IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on July 2, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. I understand that false statements herein are made subject to the penalties of i8 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~.,IS-~~ olly .) ~iS,(t~'u/art t^ SS# No.IO /'L~/~ ~J~~ © ~ r~ zi n1 `^ ~C.~ ~ F f ~' ^ l ) _- , ~ V?,~=" G_ _ ,J va x~~= .. r~ N -: .,- -~ L v c^ 0 HOLLY L. STUART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND CO., PENNSYLVANIA vs. NO. 01-4098 Civil Term IN DIVORCE DARRY J. STUART, Defendant WAIVER OF NOTICE OF INTENTION TO RSQQEST BNTRY OF A DIVORCE DECREE IINDSR SECTION 3301 (C) OF T8E 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 Decree is entered by the Court and that a copy of the Decree will be sent to me immediately aft,~r it is filed with the Prothonotary. 4. I verify that the statement made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties .of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: ~~/r ,d~ Holl L. tuart 0 N 1 (V ~/'~ N t b 3 c: c ;•.: _. ~-. t ~L' - ~d _ < - -~ . _ t ~' C. - ~.a ~~_ ~> ~ Y".? G ~ +,: _r ~~ HOLLY L. STUART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA vs. NO. 01-4098 Civil Term IN DIVORCE DARRY J. STUART, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on July 2, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dare: y-zZ-Oz SS# No _~ o ~~ ~° -~ ~,,r; ~, ~ -- ,r, ~:~ _; ~~;. N ~ ~' w a~ z ~. t~ ~~~ ~~ :<~ ~~~ ~_ e; h. c- .i ~_> r, a =__; ~i $;, ~3 .~ HOLLY L. STUART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND CO., PENNSYLVANIA vs. N0. 01-4098 Civil Term IN DIVORCE DARRY J. STUART, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST BNTRY OF A DIVORCE DECREE IINDER SECTION 3301 (c) OF T88 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 '° not claim them before a divorce is granted. 3. I understand that I will not be divorced until a 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. 4. I verify that the statement made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE : ~ -Z2- C7Z_ Darr tuar 9ism.:tvt;,W.sxw= ~ ..-~ ~ ~.e~taaaxauavs ..:_ ., ~~ N N .c -F ~ ~~ f ~.~ ~ y~,; '^i 1::~" ~Cn ~ E_ `_ -<.c, _. i C.. :_i - .:i-i G ~ ~'~` .t ;; ~ J r 3 .~ .~- -< n C~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW .. .~ Plaintiff ~L1 ' ~`~~(~ / ~1~f I ~ ~~ File No. I J b vs. IN DIVORCE VJ ~ . S OJ ~ Defendant NOTICE TO RESUME PRIOR SURNAME 0 Notice is hereby given that the Plaintiff/Defendant in the abovq matter, having been granted a Final Decree in Divorce on the ,~_ day of h reby elects to resume the prior surname of and gives this writtepn~~--t~tnotice pursuant to the pr isions of 54 P.S. § 704. DATE:~_f _ ig ature Sig a'`~t'u~'r)e of name b ing resumed COMMONWEALTH OF PENNSYLVANIA: 1''"11 ~ ~ ~~~~ SS. COUNTY OF CUMBERLAND ,~^ On the ~~ day of _ before me, a Notary Public, personally appear d the a ove affiant known to me t 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 have hereunto set my hand and official CLAUDIA A. BBEWBAKti=R, N©TARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4, 2005 R Q ` ~~ ~ e ~ f ' ~ g .- .~-. ~'f 1 ~~ 1 t7 k ~~.. ~~ CT ~ ~Ci °" ~,; Ts ~ ~ ~! i.e3 . i'V ~ f37 ~~