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HomeMy WebLinkAbout01-05499{ ~ ~ ,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ~- JOSEPH S, NAILOR. Plaintiff N O. 5499 - O1 VERSUS JODIE Y. NAILOR, Defendant DECREE IN DIVORCE ~nvda // 2002 IT IS ORDERED AND AND NOW V ~` DECREED THAT Joseph S. Nailor ,PLAINTIFF, AND Jodie Y. Nailor DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Marital Prouerty Settlement Agreement with Addendum is incorporated herewith BY THE COURT: J. PROTHONOTARY ~a, .__ " ~ 4 ,`~~ ~ ~' ~7 -~ ~O~~i/ '~ 4 ~ ~ k JOSEPH S. NAILOR, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v :CIVIL ACTION -LAW JODIE Y. NAILOR, :NO. O1- ~ `1 CIVIL TERM Defendant :1N DIVORCE ADDENDUM TO MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this _~YC~ctay of ~$N~ , 2001 between Joseph S. Nailor (hereinafter called "Husband") and Jodie Y. Nailor (hereinafter called ("Wife"). WITNESSETH: An original Marital Settlement Agreement was signed on July 25, 2001. This ~ ADDENDUM provides $6,300.00 to Wife in full satisfaction of any claim she might have to any and all retirement plans of Husbands coming from Corning Frequency of Mt. Holly Springs, Pennsylvania, "Husband's employer", with an approximate present day value of $17,800.00, as of December, 2001. In exchange for any rights to that retirement, Wife has agreed a one time lump sum payment of $6,300.00. ~Irrsba„d a9'ryxS, f~ con"Etnue ~o Provt~~e Neale, Care rasur,ahce ~„~~ ~o W~ -Te ~ resara Ee Ts VE Da T~ Decree of ~vorc~~ vn~ ~ I SAN ~ 2,00; , The effective date of this Addendum shall be the date upon which it is executed; however, the transfer of the property provided for herein shall only take place upon the entry of a final decree in divorce, unless otherwise indicated. Page 1 of 3 CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as ipt ofa dully executed copy hereof. vv mess Pw.P~ (~, Witness COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ,' Joseph S. Nailor Jo e Y. tlor SS. ON THIS, the ~~ day of ,P~- , 2001, before me, the undersigned officer, personally appeared Joseph S. Nailor, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal ~'~~~~_ _" ~~~,~~a~'~ _~SEAL~ Heather L. Smith, Notary Public Carlisle eoro, Cumberland County My Commission Expires Apr. 7, 2003 Member, Pennsylvania Association of Notaries Page 2 of 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. ON THIS, the I)fk. day of C~m~-a~1 , 2001, before me, the undersigned officer personally appeared Jodie Y. Nailor, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal (SEAL) Heather L. Smith, Notary Public Carlisle Boro, Cumberland Couniy My Commission Expires Apr. 7, 2003 Member, Pennsylvania Association of Noiaries The undersigned, Paul Bradford Orr, Esquire has carefully reviewed the contents of this Agreement. I agree that I will act as an Escrowee under the terms of this Agreement and that I will perform all of the obligations required to bp~performetl as an E~row~under this Agreement. Page 3 of 3 SLV~3k§n.4ie „u_.,. _.. :__..... ~ .., .... ,~„sv~+.. _a~T~?~ -'~'.ww~ac~caas::vra:n~rw«sw.am~~a"~Gv' Ci ~ -J =_ a`- -. Ti!' ti9tTri - -_ - _ ,._ _ 7; +- t G c; - - 7, ^! a , L' :3i ' -C~ •J ,~,~; I 4 ~, ; :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION -LAW :NO.01-~'~~ CIVIL TERM :IN DIVORCE MAfl2ITAL SETTLEMENT AGREEMENT AGREEMENT, made this as~~ ,day of fU L~ , 2001 between Joseph S. Nailpr (hereinafter Galled"Husband") and Jodie Y. Nailor hereinafter called ("Wife"). WITNESSETH: The parties hereto are Husband and Wife, having been married on July 13,1224., at .. ; '°, ~ ". ~ Tpwspn,M,aryland: There were two children born of this marriage: Latesha A.. Nailor -Born November 5, 1987 Stephen J: Nailor • Born Febriary 15, 1991. ..* Diverse unhappy differences, disputes and difficulties have arisen between the parties and ,r ~~ it is the i~rttention of Wife and Husband to live separate and apart, and the parties hereto desire to settle,fttily apse fatally their respective financial and property rights and obligations as between ~r each Qther, ixtcluding withput limitation: (1) the settling of all matters between them relating to .. . the oVnershig of real and personal property; (2) the settling of all matters between them relating ' to the RaSt, present and future support and/or maintenance pf Wife by Husband and of Husband r ~' by Vane; (3) the implementation pf custody arrangements for the minor children of the parties for the Immediate future; and (4) in general, the settling of any and all claims and, possible claims by 7~ :' one a,~Ztst the other or against their respective estates. ~~~ . NAW 1'Hl~REk'ORhr, in consideration of the premises and of the mutual promises, r Page 1 of 12 ,~ y _a. "~ 4 M covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT PREDICATED UPON DIVORCE It is specifically understood and agreed upon by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for the institution, prosecution, defense or for the non-prosecution ornon-defense of any action for divorce; provided however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action for divorce, either absolute or otherwise, upon just, legal and proper grounds, nor to prevent either party from defending any such action which may, has been, or shall be instituted by the other party, or from making any just or proper defense thereto. 2. ADVICE OF COUNSEL Wlfe and Husband declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his and her selection; that Husband has been independently represented by Paul Bradford Orr, Esquire and that Wife, aware of her right to legal representation, declares that it is her express, voluntary and knowing intention not to obtain counsel and she chooses instead to represent herself with respect to the preparation and execution of this Agreement. 3. PERSONAL RIGHTS Page 2 of 12 Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or her were unmarried. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes, which led to, or resulted in, the continuation of their living apart. Wife and Husband shall not, harass, disturb, or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 4. PERSONAL PROPERTY Except as otherwise provided herein, the parties acknowledge that they have heretofore divided between them, at the time of their separation, all their personal property to their mutual satisfaction, except as otherwise stated. Henceforth, each of them shall own, have and enjoy independently of any claim or right of the other all items of personal property of every kind, now and hereafter owned, or held by him or her, with full power to dispose of the same as fully and effectively in all respects and for all purposes as if he or she were unmarried. The property to be transferred is as follows: Automobiles. All vehicles will be disposed of as follows; A. The title to the 1994 Dodge Grand Caravan SE will be transferred to Wife. Page 3 of 12 ~. All items not listed that were the joint property of the parties shall become the property of (Wife/Husband) except those items of personalty including (Wife's/Husband's) personal effect and the parties' which appear on Schedule "A" hereto and which shall become the sole property of (Wife/Husband) with the right to remove the same from the marital premises within thirty (30) days of the execution of the within Agreement. 5. SUPPORT 1. Husband shall pay to Wife for support and maintenance of Wife and children, the following amounts: (a) The sum of approximately $900.00 shall be paid to Wife no later than August 23, 2001. (b) The sum of $640 shall be paid to Wife as follows: Monthly; no later than the 30th day of each month, beginning September 30, 2001, up to and including November of 2005. At that time, the parties agree to re-negotiate this support amount. 2. All financial obligations undertaken by Husband in this Paragraph 5 shall be binding upon Husband's heirs, executors, administrators, successors and assigns, and shall constitute a chazge against Husband's estate. 3. The parties expressly understand and agree that the installment payments made to Wife under this paragraph are for support and maintenance of Wife and children and are not, nor are they intended to be, periodic payments and are not, nor are they intended to be debts which are affected by discharge in bankruptcy. Such payments are to be tax free to Wife and Husband Page 4 of 12 covenants and agrees not to claim a deduction for said payments on his tax returns nor to assert any position as would attempt to create liability for Wife for the payment of any income tax thereon. Wife and Husband further agree that they shall assume a respective obligation and duty to support any or all of the children who shall reside with them. Wife and Husband do hereby warrant and covenant that neither of them will seek from the other any funds to contribute to the support or maintenance of the children over whom they will have respective custody, except as provided otherwise by the terms of this Agreement. -- 6. TAX RETURNS Husband and Wife agree to sign joint returns for the calendar year 2001, and if the parties .are entitled to any refund hereunder, Wife and Husband shall be entitled to equal shares of the proceeds. Should there be a tax liability, it shall further be Husband's obligation to pay for any tax liability for 2001. 7. MEDICAL INSURANCE Husband will continue to provide medical insurance for the children, and Wife, with a policy containing minimum provisions as would be covered by a standard Blue Cross-Blue Shield policy. Husband also agrees to become obligated for any uninsured or extraordinary medical expenses for the children which shall exceed $ ~~a per year per child, but that, except in an emergency situation, the decision to incur extraordinary medical expenses shall be a joint one and Husband agrees not to withhold his consent for any such expenses which would be reasonably necessary. Page 5 of 12 8. CUSTODY AND VISITATION Primary Physical Custody to Wife; Reasonable Visitation Wife shall have custody of the minor children subject to as broad visitation rights for Husband as aze in the best interests of the children, as long as the parties hereto maintain a non- hostile atmosphere between themselves while Husband is visiting said premises. Husband further agrees that he will not utilize the said right of visitation in order to harass or interfere with Wife's right to live and remain separate and apart from him. It is further agreed and understood that under this broad right of visitation, it shall be exercised by Husband with appropriate notice to Wife in advance of each visit. Husband shall have periods of custody as follows: 1. Two days per week; 2. Every other weekend; 3. Holidays will be mutually agreed upon by the parties. Further, specific dates and times do not need to be spelled out at this time, due to the parties willingness to be flexible with custody arrangements. However, in the future, if either party so desires, a more specific visitation schedule can be negotiated, at any time either party so requests of the other. At no time shall Husband receive less time than already designated herein. 9. CONSULTATION CLAUSE Wife shall confer with Husband on all matters of importance relating to the children;'s health, maintenance and education with a view towards obtaining and following a harmonious policy in the children's best interests and shall keep Husband informed of the progress of the children's education and social adjustments. Page 6 of 12 10. LIABILITIES During the course of marriage, Wife and Husband have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that Husband shall be responsible for all bills, obligations and debts arising from the marriage which were incurred prior to August 25, 2001 except. 11. LEGAL FEES Wife hereby agrees to waive any right to alimony pendente lite and each party agrees to be responsible for his or her own legal fees and expenses. 12. NO BAR TO FURTHER PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as maybe available. It is agreed that this Agreement shall not be impaired by any divorce decree which maybe granted but shall continue in full force and effect notwithstanding the granting of any such decree. This Agreement is not intended ti~ndone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 13. MUTUAL RELEASE Page 7 of 12 Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles, interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such, other, of whatever nature and wheresoever situate, which she or he now has at any time hereafter may have against the 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 wag_nf dowery or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Wife and Husband to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein Page 8 of 12 above. 14. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least 30 days after demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectually the terms of this Agreement. ~y` 15. SUCCESSORS' RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 16. ENTIRE AGREEMENT Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there aze no claims, promises or representations not herein contained, either oral or written, which shall or maybe charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in np way be deemed to be considered a waiver of any other term, condition, clause or provision of xhis Agreement. 17. BINDING EFFECT OF AGREEMENT Page 9 of 12 . 't'his Agreement shall remain in full force and effect unless and until terminated pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 18. SEPARABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law, or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in not way void or alter the remaining obligations of the parties. 19. NOTICE PROVISIONS (a) Notice to Husband shall be sent by certified mail, return receipt requested to Joseph S. Nailor, and Paul Bradford Orr, Esquire, 50 East High Street, Carlisle, PA 17013, orutlrer such address as Husband from time to time may designate in writing. (b) Notice to Wife shall be sent by certified mail, return receipt requested, to Jodie Y. Nailor, or such other address as Wife from time to time may designate in writing. 20. HEADINGS Any headings preceding the text of the several paragraphs and subparagraphs hereof are Page 10 of 12 inserted solely for convenience of reference and shall not constitute a part of this Agreement not shall they affect its meanings, construction or effect. 21. EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is executed; however, the transfer of the property provided for herein shall only take place uponJYle-entry of a final decree in divorce, unless otherwise indicated. The support provisions of this Agreement shall take effect as indicated. 22. CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. luplicate, and in counterparts, and Wife and Husband, as of a dully executed copy hereof. ~I~ Joseph S. Nailor (~ ' !X/V odie Y Nailor Page 11 of 12 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ~ ON THIS, the 25th day of July, 2001, before me, the undersigned officer, personally appeared Joseph S. Nailor, known to me (or satisfactorily proven) to be the person_~hose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. Notarial Seal ereunto set my hand and official seal. Heather L. Smith, Notary Public Carlisle eoro, Cumberand County /~~ ~ My Commission Expires Apr. 7; 2003 '/, _ i~T~ ^ A~ ` em r, nay nia ieonotNOtaries ~!~7l~~ (SEAL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. ON THIS, the 25th day of July, 2001, before me, the undersigned officer, personally appeared Jodie Y. Nailor, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and off cial seal. Notarial Seal Heather L. Smith, Notary Public Cadisle Boro, Cumberland County My Commission F~cptres Apr. 7, 2003 'J~~~.~(SEAL) ember; PenneylJania Association of Nolarles The undersigned, Paul Bradford Orr, Esquire has carefully reviewed the contents of this Agreement. I agree that I will act as an Escrowee under the terms of this Agreement and that I will perform all of the obligations required Agreement. Page 12 of 12 c ~ r' ,a ", _ + ~ - ; m~_ r r_. _ ~" ~ -' i-j ,., - - = ~ = .n ;_ ! 1 r JOSEPH S. NAILOR, v. JODIE Y. NAILOR, TO THE PROTHONOTARY: r ~ IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.Ol- 5499 CIVIL TERM Defendant : IN DIVORCE 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 3301(c) of the Divorce Code. 2 Date and manner of service of the complaint: September 27, 2001, U.S. Mail, postage prepaid, certified, return receipt. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff on January 2, 2002 ; by Defendant on January 2, 2002. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: January 3, 2002; Date Defendant's Waiver ofNotice in §3301(c) Divorce was filed with the Prothonotary: January 3, 2002. pe f lly i d: Date: ~ 3 I bZ LAW OFFICES OF AUL BRADFORD ORR V Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 717-258-8558 Supreme Court ID 71786 sawnik~,°ux4,&t~_ut a.rv.:x~e~. «wm~ ... ... ,=i. ~o-,~.u~uax ~a~°.~ '- ~'. ~ -~ `e1 C' i Tvv . ,_ ~ ~ t r _. ~~ i, ~' _ ~~ __ _ _ :~;,: JOSEPH S. NAILOR, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW • 5-~44 JODIE Y. NAILOR, : NO. O1- CIVIL TERM Defendant :1N DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. 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 TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 JOSEPH S. NAILOR, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V• :CIVIL ACTION -LAW JODIE Y. NAILOR, : NO. O1-~ CIVIL TERM Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE I . Plaintiff is Joseph Stephen Nailor, who currently resides at 1959 Randall Road, Enola, Pennsylvania, Cumberland County, Pennsylvania, for the past 33 years. 2. Defendant is Jodie Yvonne Nailor, who currently resides at 4752 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on July 13, 1990, in Towson, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the soldier's & Sailor's Civil Relief Act of the Congress of 1940 and its amendments. 7. The marriage is irretrievably broken. 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. 9. Plaintiff requests the Court to enter a Decree in Divorce. Date: 91~~ TH L F I By: ~ ' Paul Bradford Orr, Attorney for Plaintiff 50 E. High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID # 71786 ORR :_ VERIFICATION I verify that the statements made in the foregoing Petition 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. r DATE: Q ~.~ 0 ~ \_ ` ~ ~ ~ C c O V 1 ' ~/ ~ (/~ 4~ ~ ~} ~ ®~ 'l ~ ~ v Ezr rn ; _r~ _ l( ~.~_ JL.1 C ~~ -~- ~, i ~ ~ri '~ a -1, Cfi ..~ JOSEPH S. NAII.,OR, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW q9 JODIE Y. NAILOR, : NO. O1-~ CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA. ) COUNTY OF CUMBERLAND ) AND NOW, this 28th day of September, 2001, I, Paul Bradford Orr, Esquire, attorney for Joseph Nailor, Plaintiff, in the above-captioned action, hereby swear that I have served a true copy of the Custody Complaint, executed by the Plaintiff in the above-captioned matter, upon the Defendam by depositing the same in the U.S. Mail, postage prepaid, certified, retum receipt requested. The original return receipt card signed by the Defendant indicating service was effected, is marked Exhibit "A", attached hereto and made apart hereof. L W FI S PAU~B F ORR Dated: "'y ~ ~ By: I, 1 Y Paul Bradford Orr, Esquire Attorney for Plainniff 50 East High Street Carlisle, PA 17013 (717) 258-8558 I.D. # 71786 -~ ~ ~ mplete'i{ems 1, 2, ^ B. Date of Delivery item 4 if Restricted C ~ ^ Print your name and so that we Can returr ^ Attach this-Card to the ^ Agent _ or on the front ifspacy 7099 3220 0011 0097 7014 ^Addresaee 1. Article Atldreesed to: - _ °'7'°^""' °"~°",•,,°"~'«„t 1? ^ Ves V If YES, enter delivery address below: 17Q No ~75~ t~2TAN ~~~ 3. Service Type t~'~aCN^. ,~~ gU~r ~~ ~^r~ ~ Certified Mail ^ Express Mail I'~ l~ rl,v k{t , (T~ ^ Registered ^ Re[urn Receipt for Memhandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Feel ^ y~ 2. Articlg.Number (Copy from service P&r Form 3'811, July 1989 Domestic fietum Receipt te?a9Cr99~M-1789 EXHIIBIT "A" ~ ,~BCY!'~N~vSrksa~s~~'.y~v.~seanac~zi ,s.m.s~~.~:,..m _ u~rda am~~+ka. .•,,~.~t4,x.. d...~... ._ _ s,,., ~:,~.. n C= ~- ~ ri ~ = ' ; - -: ro r, -- .i"~C_ rV r_j C;l > ~ i =-=t ~ -. ~E .~. _ _ _ ~:~:, _. JOSEPH S. NAILOR, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW JODIE Y. NAILOR, :NO. 01-5499 CIVIL TERM Defendant :IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 28, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: ~l ~~' J~~~ e~ 4,C n-~ ,Joseph S. Nailor, Plaintiff r JOSEPH S. NAILOR, Plaintiff v. JODIE Y. NAILOR, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW :NO. 01-5499 CIVIL TERM :IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false staterents herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ~~ tea' - '/ ~~ Joseph S. Nailor, Plaintiff c ° _~ ~ ~; _ ~-- ~.. ; } ~ = T ~ , ~ rr. Gn ~ r= __ , _ -C <_ L.J ;-. ICS ~. -- ~~ ._ ~.; n P_ K '~ ~ _. , .~ .~ JOSEPH S. NAILOR, Plaintiff v. JODIE Y. NAILOR, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY. PENNSYLVANIA :CIVIL ACTION -LAW :NO. 01-5499 CIVIL TERM :IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: V~ytJAf~+-cy- °~'r ~6~ Jodie Y. N 'lor, endant C) c: -~ c_ s,:= , ~._ yn rr, - c.._ m. - ~~ ~ rf'. '].: ~~ ~ l : ~ `~ l ~~ ~ .~ JOSEPH S. NAILOR, Plaintiff v. JODIE Y. NAILOR, Defendant ,_ :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION -LAW :NO. 01-5499 CIVIL TERM :IN DIVORCE AFFIDAVIT OF CONSEN`r 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 28, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: ~.n_u_-a~...~, r~ ~ ~a'~ Jodie Y, ilor, efendant ~ ~ 0 ~~ J d n ~%~ ~ l j i.8 ~ r ~ ~ VJ f -ti.~ ~ _ -r ___ ?b C. ,; is"j~ ;_ ._ ~ - I :.'7 " -< ,~, a -*: