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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND
STATE OF *
COUNTY
PENNA.
.JEl'll'<I~.1, ~ Cl:IE;STNU'I'!
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AND NOW,
decreed that,............. ,;rm.J:....qIJ;:(37'!'l!Y.l'...,..............., plaintiff,
and. . , . , .. .. .. . . .. , .. . . .~ '~'..qp<;~~ . .. . . . . , .. , . . . .. . ". 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;
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PROPERTY SETTLEMENT AGREEMENT
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THIS IS AN AGREEMENT made this 5 rei day of /Y ~,-, J , 2002, by and between
Corey W, Chestnut, of 413 Springfield Road, Shippensburg, Pennsylvania, (hereinafter referred
to as Husband) ,and Jennifer L. Chestnut, of I 13 Flintstone Drive, Newville, Cumberland
County, Pennsylvania, (hereinafter referred to as Wife),
WHEREAS, Husband and Wife were married on May 1,1999, in Cumberland County,
Pennsylvania; and
WHEREAS, various differences have arisen between Husband and Wife, whereby they have
been living separate and apart since September 6, 2001; and
WHEREAS, the parties have agreed to maintain separate and permanent domiciles and to live
apart from each other; and
WHEREAS, the parties desire to enter into an amicable settlement to provide for all ofthe
property rights of the parties and to dispose of the rights and obligations of each to the other in
respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights
and obligations under the Divorce Code of 1980, as amended, and it is the intention and
agreement of the parties that this Agreement be a full, complete and final settlement of all of
those rights and obligations under said Divorce Code; and
NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound
by the provisions hereof, the parties agree that their recitals form a part of this Agreement and
waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel
fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not
provided for herein and agree as follows:
I, SEPARATION, The parties agree that it shall be lawful for each party, at all times
hereafter, to live separate and apart from the other, at such place or places as he or she may, from
time-to-time, choose or deem fit. Each party shall be free from interference, authority or contact
by the other, as fully as ifhe or she were single and unmarried, except as may be necessary to
carry out the provisions ofthis Agreement and as may be necessary to exchange information that
pertains to the parties' minor child. Neither party shall molest the other or attempt to endeavor to
molest the other, nor compel the other to cohabit with the other, or in any way harass or malign
the other, nor in any way interfere with the peaceful existence, separate and apart, from the other,
2. MARITAL HOME. Wife owns the 1991 Fleetwood mobile home located at I I3
Flintstone Drive, Newville, P A, The marital home was paid for by Wife, Husband waives any
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rights, title and interest he has in the marital home. Wife shall solely bear the financial
responsibility of the mobile home including, but not limited to, lot rent payments, liabilities,
taxes, assessments, insurance and the cost of maintenance on the marital residence. Wife shall
indemnify and hold Husband harmless from any liability, claims, causes of action, suits, or
litigation for money owed, damages, indirect or consequential, including legal fees, arising out of
failure of Wife to so pay.
3, AUTOMOBILES, Wife shall have as her sole and exclusive property, title to and
possession of the 1997 Pontiac Sunfire. Wife shall indemnifY and hold Husband harmless from
liability, cost of repairs, maintenance, registration, insurance and/or inspection of the vehicle
which she is taking as her sole and exclusive property. The parties understand that the 1999 Ford
Ranger shall be repossessed by the loan holder of the vehicle. The parties agree that Husband is
the primary person on the loan and that it was his responsibility to pay the monthly amounts due.
4, PERSONAL PROPERTY. The parties have divided or have agreed to a division of their
personal property which includes bank accounts, certificates of deposit, life insurance policies,
jewelry, clothing, furniture and other personal items, After the aforesaid division of the personal
property is complete, any and all property in the possession of Husband shall be his sole and
separate property, Any and all property in the possession of Wife shall be her sole and separate
property, Each party forever renounces whatever claims he/she may have with respect to the
property which the other is taking. Each party understands that he/she has no right or claim to any
property acquired by the other after the signing of this Agreement
5, DEBTS. The parties represent and warrant to each other that neither has incurred any
other debts nor made any other contracts for which the other or his/her estate may be liable, from
date of separation forward. Neither party shall contract nor incur any debt or liability for which
the other or his/her property or estate might be responsible and agrees to indemnifY the other
from any claims made against the other because of debts/obligations not incurred by the other.
6. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT OF SPOUSE. The parties waive
any and all right to receive from the other any payment of alimony, alimony pendente lite, and/or
spousal support,
7, EFFECTIVE DATE. The effective date of this Agreement shall be the date of execution
by the parties if they had each executed the Agreement on the same date. Otherwise, the
execution date of this Agreement shall be defined as the date of execution by the party last
executing this Agreement
8, DIVORCE. An action in divorce was filed in the Cumberland County Court of Common
Pleas on October 19, 200 I, docket number 2001-60 II CIVIL TERM claiming that the marriage
is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the
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Pennsylvania Divorce Code, Both parties agree to execute any and aU affidavits or other
documents necessary for the parties to obtain an absolute divorce pursuant to Sections 3301(c) of
the Divorce Code including waiver of aU rights to request Court ordered counseling. It is agreed
and understood between the parties that the parties shall not contest, but instead consent to such
proceedings and shaU execute any and all documents necessary so as to proceed with and obtain
an absolute and final divorce,
9. INCORPORA nON INTO DECREE. 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 shaU
not be affected in any way by any such separation or divorce; and that nothing in any such decree,
judgment, order or further modification and revision thereof shaU alter, amend or vary any term
of this Agreement, whether or not either or both of the parties shall remarry, it being understood
by and between the parties hereto that this Agreement shall survive and shall not be merged into
any decree, judgment, or order of divorce or separation, It is specifically agreed, however, that a
copy ofthis Agreement or the substance of the provisions thereof, may be incorporated by
reference into any divorce, judgment or its decree, This incorporation, however, shaU 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,
10. MUTUAL RELEASE. Husband and Wite do hereby mutuaUy remise, release, quit claim
or forever discharge the other and the estate of such other, for aU time to come, and for aU
purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate
of such other, of whatever nature and wherever situate, which he or she now has or at anytime
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 of 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 or
other rights of the surviving spouse to participate in a deceased 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 right which either party may now have or at anytime hereafter have for past,
present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or
expenses, whether arising as a result of the marital relation or otherwise, except and only except
aU rights and agreements and obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife
to give to each other by the execution of this Agreement a full, complete and general release with
respect to any and aU property of any kind or nature, real, personal or mixed, which the other
now owns or may hereafter acquire, except and only except all rights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or for the
breach of any provision thereof.
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II, COUNSEL FEES. Each party individually covenants and agrees that he or she will
individually assume the full and sole responsibility for legal expenses for his or her attorney and
court costs in connection with the divorce action.
12, ADDITIONAL INSTRUMENTS, Each of the parties shall, from time-to-time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments or documents that may be reasonable required to give full force and effect to the
provisions of this Agreement.
13. MODIFICA nON OR WAIVER. A modification or waiver of any of the provisions of
this Agreement shall be effective only if made in writing and executed with the same formality as
this Agreement. The failure of either party to insist upon the 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.
14, ENTIRE 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,
15. SEPARATE PARAGRAPHS. It is specifically understood and agreed by and between
the parties thereto that each paragraph hereof shall be deemed to be a separate and independent
agreement.
16. BREACH. If either party breaches any provision of this Agreement, the other party shall
have the right, at his or her election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her and the party breaching this Agreement shall
be responsible for payment of legal fees and costs incurred by the other in enforcing the rights
under this Agreement, or in seeking such other remedies or relief as may be available to him or
her.
17, CONTROLLING LAW. This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania,
18, INVALIDITY OF PROVISIONS, 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.
19. BINDING NATURE, Except as otherwise set forth herein, this Agreement shall be
binding and shall inure to the benefit of the parties hereto and their respective heirs, executors,
administrators, successors and assigns,
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year
first above written,
WITNESS
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Corey W, Chestnut
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Jennifer L. estnut
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JENNIFER L. CHESTNUT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v
: NO, 2001-6011
CIVIL TERM
COREY W. CHESTNUT,
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 Section 3301 (c) of the Divorce Code,
2, Date and manner of service of the Complaint: October 25, 2001, certified, restricted,
3, Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code:
By Plaintiff: March 29, 2002; by Defendant: April 3, 2002,
4. Related claims pending: None.
5, Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: April."lVJt'7
2002.
Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: April
~' 2002.
Lindsay D Baird, Esquire
Attorney for the Plaintiff
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JENNIFER L. CHESTNUT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v
: NO. 2001-6011
CIVIL TERM
COREY W, CHESTNUT,
Defendant
: IN DIVORCE
AFFIDAVIT OF SERVICE
I, Lindsay Dare Baird, Esquire, being duly sworn according to law do depose and state that a
copy of the Complaint filed in the above-captioned matter along with a copy of a Notice to Plead
and a Notice of Availability of Marriage Counseling was served on the Defendant, Corey W,
CIlestnut, by Certified Mail - Return Receipt Requested, restricted delivery, a copy of said return
receipt evidencing delivery being attached hereto, Said service on October 25, 2001,
Sworn and Subscribed to
before me this arday
of 0Lu ~ ' 2002,
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NOTAIilAI. SI!AI.
CMOl A. MOIlIlOw. NoIory I'IIbIc
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Notary Public
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. Complete Ilems i, 2, and 3, Also complele
item 4 if Restricted!Oelivery IS desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach th'is card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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PS Form ~B11 i ~uly 19,Q9; ,
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D. Is delivery a dress different from item 1?
If YES, enter delivery address below:
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Jennifer L. Chestnut,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
v,
: 2001- {p 0 II
CIVIL TERM
Corey W. Chestnut,
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 grounds 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 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, PENNSYLVANIA 17013
TELEPHONE: (717) 249c;3166
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Jennifer L. Chestnut,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
v.
NO. 2001- ~DI/
CIVIL TERM
Corey W. Chestnut,
Defendant
IN DIVORCE
COMPLAINT UNDER SECTION 3301(C) OR (D)
OF THE DIVORCE CODE
Plaintiff, Jennifer L. Chestnut, by her attorney, Lindsay D. Baird, Esquire, sets forth the
following:
1
Plaintiff, Jennifer L. Chestnut, is an adult individual residing at 113 Flintstone Drive,
Newville, Cumberland County, Pennsylvania 17241,
2
Defendant, Corey W. Chestnut, is an adult individual residing at 656 Hilltop Road,
Newburg, Franklin County, Pennsylvania 17240.
3
The parties were married on May 1, 1999, in Cumberland County, Pennsylvania.
4
Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania for
at least six months prior to the commencement of this action.
5
This action is not collusive,
6
There have been no prior actions for divorce or annulment in this or any other jurisdiction
within the knowledge of the Plaintiff,
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In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties
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,
WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be
divorced from the Defendant.
Lind a D. Bird, Esquire
Attorney for the Plaintiff
37 S. Hanover Street
Carlisle, PA 17013
717 - 243-5732
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I verify that to the best of my knowledge and belief, the statements made in the
foregoing document are true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S.!i4904 relating to unsworn falsification to
authorities.
Jtnmik C ~-j-
Jennifer L. hestnut, Plaintiff
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JENNIFER L. CHESTNUT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v
: NO, 2001-6011
CIVIL TERM
COREY W. CHESTNUT,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE
AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE
DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1, A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on
October 19, 2001,
2. Defendant acknowledged receipt and accepted service of the Complaint on
October 25, 2001,
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
days have elapsed from the date of the filing of the Complaint
4. I consent to the entry of a final decree in divorce without notice,
5. 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.
6. 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,
7. I have been advised of the availability of marriage counseling and understand
that I may request that the Court require counseling, I do not request that the Court
require counseling.
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, Section 4904 relating to unsworn falsification to authorities.
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JENNIFER l. CHESTNUT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v
: NO. 2001-6011
CIVIL TERM
COREY W. CHESTNUT,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE
AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE
DECREE UNDER SECTION 3301(c} OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
October 19, 2001.
2. Defendant acknowledged receipt and accepted service of the Complaint on
October 25, 2001.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
days have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree in divorce without notice.
5. 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.
6. 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.
7. I have been advised of the availability of marriage counseling and understand
that I may request that the Court require counseling. I do not request that the Court
require counseling.
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. Section 4904 relating to unsworn falsification to authorities.
Date: 'I - :J - o~
~~~~
Corey W. hestnut
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