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Home My WebLink About01-06043 ~- , . . '-,.c_ '" '"~~~ ,. ,_~_o, . " t,\~ '<J",'c.'- '~.' ",;",,-,,'." ,.. "," 'C, -;~i \,'-", '" ,;-,,_:'-''ioj .. ,.,"" ,.,"" . . .. . .. .. . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. . FRANK S. GUERRIERO. II. No. 2001-6043 CIVIL Plaintiff . VERSUS SUSAN DIANE GUERRIERO, Defendant DECREE IN DIVORCE NOW'~ 2- . AND , 2002 , IT IS ORDERED AND DECREED THAT FRANK S. GUERRIERO, II , PLAINTIFF, AND SUSAN DIANE GUERRIERO , 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; . None. The parties Post-Nuptial Aqreement dated February 12, 2002 is incorporated but not merged into this Decree. . . . . PROTHONOTARY . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '1'f"'"1I""" -<-, '. '" "....,,,..' """-,, ~.-~,<>-.,,- '.' ~. "_'M,:"'-'"',~,*, '~""" ",,-.. '.d.'~""-_''','',"",.""." ,or- ~. .]. 7.od2 J )>'C'd- ,I , _t~.;;:~ .. , , ~d~~%4~ ~. -~ &4~ , ~'" J~ ~ "..~~~~-""m~ll~-1ffil!''''<!ffii!'F,,j1If''f:'!~~~~~~~ '^~~ !Il~ "~ _ ~~'I!"'- -~ ~ : ." '/i,-,i POST -NUPTIAL AGREEMENT THIS AGREEMENT made and entered into this e.~ay of~"U"lV'I / ' 2002 by and between: FRANK S, GUERRIERO, II of 295 Ore Bank Road, Dillsburg, York County, Pennsylvania, and a mailing address of PO Box 462, Dillsburg, Pennsylvania, party of the first part, hereinafter called "Husband", AND SUSAN DIANE GUERRIERO of I 095 Cocklin Street, Mechanicsburg, Cumberland County, Pennsylvania, party of the second part, hereinafter called "Wife"; WITNESSETH: WHEREAS, Husband and Wife were married to each other on December 13, 1997 in Cumberland County, Pennsylvania; and WHEREAS, during their marriage the parties accumulated various assets and property which is more fully itemized and identified in a certain list or schedule attached hereto marked "Exhibit A" and incorporated herein by reference thereto; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they have separated and now live separate and apart from each other; and WHEREAS, on or about October 23,2001, Husband commenced an action in divorce docketed at No, 01-6043 in the Court of Common Pleas of Cumberland County, Pennsylvania (hereinafter called "Divorce Action"), The Complaint in the Divorce Action was served upon Wife on October 23, 2001 via certified mail; altd -'-"1 ,~ ~ ~~"i WHEREAS, Husband is represented by Philip H. Spare, Esquire of the firm of Snelbaker, Brenneman & Spare, P. C. and Wife is represented by Samuel 1. Andes, Esquire, sole practitioner; and WHEREAS, the parties having a full opportunity to be advised of their respective rights, duties and obligations arising out of the marriage and each having a full opportunity to investigate and evaluate the 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. 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: I, INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2, DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION, The parties agree that the items of property set forth in "Exhibit A" are all of the assets which they acquired during their marriage and which would be the subject of equitable distribution if submitted to a court for division under the provisions of the Pennsylvania Divorce Code, The parties declare and agree that they are familiar with said assets and hereby waive the evaluation thereof, although each party declares that shelhe has had full opportunity obtain such evaluation, 3. DIVISION OF ASSETS, Upon execution of this Agreement, or as otherwise set forth hereinbelow, the parties agree to divide, allocate, retain and/or transfer the assets shown -2- Ii'! <.. ' ',," .'...n. " , _!'_ ,_",'0. C,---'l',,,,";_"<'k';f '. on "Exhibit A" as follows (the items numbers refer to the corresponding numbers on "Exhibit A"): A. ASSETS TO HUSBAND I, Furniture, household goods, and any other tangible personal property currently in Husband's possession; 2. Husband's interests acquired during the marriage and increase in value, if any, in pension and retirement benefits from his current employer and former employers, including but not limited to the 401 (k) plan identified as Vanguard, KeyPro 401(k) Capital Accumulation Plan No,091556; 3, Bank accounts or deposits in other financial institutions in name of Husband, including, but not limited to PNC Bank Checking Account No, 5001979575; 4. Alaskan Malamute dog named "Nakita Mountain Peak" 5, 1998 Land Rover Discovery B, ASSETS TO WIFE 6. Furniture, household goods, and any other tangible personal property currently in Wife's possession; 7, Wife's interests acquired during the marriage and increase in value, if any, in pension and retirement benefits from her current employer and former employers, including but not limited to the 401(k) plan; 8. Bank accounts or deposits in other financial institutions in the name of Wife; 9, 1997 Subaru Outback 4, MARlT AL DEBT. Parties acknowledge and agree that there is no outstanding marital debt at the time of this Agreement. -3- "Ii! &.', :~. 5, FUTURE OBUGA TIONS, The parties agree that any and all obligations incurred subsequent to the date of this Agreement, shall be the sole and separate liability and responsibility of the party incurring the obligation and each party agrees that he/she will not incur or attempt to incur any obligations for or on behalf of the other party and will indenmify and hold harmless the other party of and from any and all liability arising from such future obligation, 6, RELEASE OF RIGHTS UNDER DIVORCE CODE. Except only as specifically provided to the contrary hereinabove in this Agreement, each party hereby waives and forever releases the other party of and from any and 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, spousal support, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs and expenses, except that the performance of any obligations created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code, 7, INDIVIDUAL PROPERTY. Except only as may be provided specifically to the contrary hereinabove, each party shall retain all property, real, personal and otherwise, which is presently titled in his or her name and ownership, whether or not said property is or would be deemed to be rnarital property under the Pennsylvania Divorce Code and each party hereby expressly releases the other of and from any and all right of equitable distribution in and to said individually owned property of such other party, 8. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and -4- ~ j" .,.... ,~ ,~ . -,-w}.- -' ",,~ Jc "." "i~, 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. This Agreement shall not be construed to affect or bar the right of either party to an action for the enforcement or performance of this Agreement which may be instituted pursuant to the remedies available under the Pennsylvania Divorce Code, 9. SURVIVAL OF AGREEMENT, It is the intention of the parties that this Post- Nuptial 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, fmal 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. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce, 10, VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective attorneys, Each party acknowledges that this Post-Nuptial 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 result of any -5- ...-", ,; ; '''." ~. _", .,-'- ~c.;,'.",:'-'. ".",,,,;",j,, '" :..<, " ~ ". duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the fmancial affairs of the other to the extent same has been requested by each of them. II. ENTIRE AGREEMENT, This Post-Nuptial 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 fmal 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 of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 12, 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. 13, APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania, -6- o , -',. '-,;c. ~~:J" /,k ,-'~ 1,,0'"";'" M1ii . 0 " 14. 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 purposes of interpretation or construction of the text of this Agreement. 15, BREACH. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 16. AFTER-ACOUIRED PROPERTY. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried, 17, COUNSEL FEES. COSTS AND EXPENSES. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, 18, INDEMNIFICATION, Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable, Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or -7- l\jj 0-'-" .. -,-,,-~...~ her sole expense, defend the other against any such claim or demand, whether or not well- founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 19. MODIFICATION, No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto, 20, SEVERABILITY. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 21. COOPERATION, The parties hereto shall from time to time, cooperate with one another and execute, acknowledge and deliver any and all further documents or instruments that may be reasonably required to give full force and effect to the provisions of this Agreement 22. DIVORCE BY MUTUAL CONSENT, The parties agree and acknowledge that -8- ~ ~~ ,'~ ~-~" '~ ",:.",,~ ,,' -j ~;.' ;,- -"~I,,>. ;;';,_,~ . < '. their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry ofa decree in divorce pursuantto 23 Pa. C. S, Section 3301(c). Accordingly, the parties have executed and will timely file with the Court such consents, affidavits, waivers of notice and/or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to 23 Pa.C.S. Section 3301(c), IN WIlNESS WHEREOF, the parties have hereunto set theirrespective hands and seals the day and year first above written intending to legally bind themselves and their respective heirs, personal representatives and assigns. WIlNESSED BY: W~ ~~~duU#~EAL) Susan iane Guerriero -9- l<'~ ~,-" ,., ~ . .,.' , , , 'i;'i,'l!:~itc, FRANK S. GUERRIERO. II AND SUSAN DIANE GUERRIERO EXHIBIT A (Page 1 of 1) 1. Furniture, household goods, and any other tangible personal property currently in Husband's possession; 2. Husband's interests acquired during the marriage and increase in value, if any, in pension and retirement benefits from his current employer and former employers, including but not limited to the 401 (k) plan identified as Vanguard, KeyPro 401(k) Capital Accumulation Plan No,091556; 3. Bank accounts or deposits in other financial institutions in name of Husband, including, but not limited to PNC Bank Checking Account No. 5001979575; 4. Alaskan Malamute dog named "Nakita Mountain Peak" 5. 1998 Land Rover Discovery 6, Furniture, household goods, and any other tangible personal property currently in Wife's possession; 7. Wife's interests acquired during the marriage and increase in value, if any, in pension and retirement benefits from her current employer and former employers, including but not limited to the 401(k) plan; 8. Bank accounts or deposits in other fmancial institutions in the name of Wife; 9. 1997 Subaru Outback "j ~~J'-'~~~;I(_i~rtiii.!lf:m~'ill.;mc-~'!).11'i;.<lk-'"i~'~'[o_-",--',_""~'-;'--':, 'ol,'_~~M,~'#~;{,~i'J"li - -"" -::-!:M'~""'" ~lil:i#1f" ""Th""~~~~ ,,~ ~ .. -~J '-'~- n'li--: -.7 ,- (J~! c-' , .. ,', i:'" .;'--".'- .[,.,-"L. imMlu.--, n ~11!llllll L Hi .JI!!IJ,~ ,,,11 ,~"" JiJ,J;,QL.i\JI"I,IJ!1!,:"..,LllL, ., .l,lU),UL~".U,_,., ,IIL,,",_ A _.._,~,l, ,::.I,.",..~II! ,!Alii. [I j, I J! - (") c: (:-1 :_:J r'-,) r"_, /- --j -<, '-,) h.' nm-L LAW OFFICES SNELBAKER. BRENNEMAN & SPARE -;siW9ifi:t!m,.i FRANK S, GUERRIERO, II, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 2001-6043 CIVIL TERM : CIVIL ACTION - LAW SUSAN DIANE GUERRIERO, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please 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 Complaint: by certified mail, restricted delivery on Defendant on October 24,2001 (see Affidavit of Service filed November 29, 2001), 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: February 20, 2002; by the Defendant: February 20, 2002. 4, Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: February 20, 2002; by the Defendant: February 20, 2002, 5, Related pending claims: None. SNELBAKER, BRENNEMAN & SPARE, P. C. Date: February 21, 2002 ~rn~tiff By: _1Slii~~!J!l:1i'i\:r"'K~jll~OE:~~1iii!!!liliii'i";""""i<)-'~1--,"~"'"~,,[;,""-i"",~,,~"d''ii",*'V'i&,"i€03i;:lt'i!''~~'ll ~'<'\ i~ ~ ,rn",- .""~'~ -~~, ~,,"< .."~' " ,~ , -~ " ~,~ ~~"''''''ltit:'t'<t f'~~t"'" ;.--;.., ~'<> c=-- ~ '" ->-\ ;::::-~ t ! ~;;., ^ ,"' ," ~~~" ~ ~ >,'","" ,'" ~" ',"-~".~~- ~,.--"..,,~",,~,~,~,.. -n r<' ["':; ,"- ~ -~ eel \''-,) .!::-- .~ " FRANK S, GUERRIERO, II, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO.O 1- bol{3 CIVIL TERM : CIVIL ACTION - LAW SUSAN DIANE GUERRIERO, Defendant : IN 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, Ajudgment 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 divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court, A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse, 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 WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 Date: October /l ,2001 SNELBAKER, BRENNEMAN & SPARE, P, C. BY~~. Att eys Plain iff LAW OFFICES SNELBAKER. BRENNEMAN & SPARE c'~ LAW OFFICES SNELBAKER, BRENNEMAN & SPARE .' FRANK S, GUERRIERO, II Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO, 0\ - {Olw3 CIVIL TERM ; CIVIL ACTION - LAW v, SUSAN DIANE GUERRIERO, Defendant : IN DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE I, Plaintiff FRANK S. GUERRIERO, II is an adult individual residing at 295 Ore Bank Road, DiIlsburg, Pennsylvania 17019. 2. Defendant SUSAN DIANE GUERRIERO is an adult individual residing at 1095 Cocklin Street, Mechanicsburg, Pennsylvania 17055, 3, Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4, The Plaintiff and Defendant were lawfully joined in marriage on December 13, 1997 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above, 6, Neither party is a member of the armed forces of the United States of America, 7, The marriage is irretrievably broken, LAW OFFICES SNELSAKER. BRENNEMAN & SPARE 8, The 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. The Plaintiff requests this Court to enter a decree of divorce, WHEREFORE, Frank S. Guerriero, II requests this Court to enter a Decree of Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and Defendant. SNELBAKER, BRENNEMAN & SPARE, P,C, BY:~~ Philip H. pare, Es uire 44 West Main Street Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Plaintiff Frank S, Guerriero, II Date: October 11,2001 , " II ~t LAW OFFICES SNELBAKER. BRENNEMAN & SPARE -~., VERIFICATION I verify that the statements made in the foregoing Complaint 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: October /0' ,2001. i il ~ LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 0.,,".,;_;,,, ';-,- .,' ,,-,-- FRANK S. GUERRIERO, II Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, CIVIL TERM CIVIL ACTION - LAW SUSAN DIANE GUERRIERO, Defendant IN DIVORCE AFFIDAVIT FRANK S. GUERRIERO, II, being duly sworn according to law, deposes and says: I. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling, 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3, Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court, I 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: October /0 Guerriero, II (Plaintiff) ,2001 ~'ii~;"-f~~1lt~_li-r~lff.r~~'\'l!'"","'Ng;;J'1H~i'ili~~m~-wtiohii'\!MiHLij;jljJi1lMl1'_[fI[ '[' 'h~'li&::t. ~, ~ (:::I ~ '1'1 -- '~ ...... ........ --lJ -t ~ ~ ~ t~ " ,'!Ii ill _ L ,~ ~ "_~_ ~' .^"", , ~"" '. '" ,','1","-","'" ;,'~ " "'-'C_" .,~<,~__.," ,_".__,.,~-. ,""',_, '",>", "_h_~ _,-',_U,,_"_,.~, ,..1 ,,), ""mtiiiti!i'IF:'IiiI1lIIli~ lHiIil_ -.... ~ ~ -i:> ~ :::r:. -- y ....... Vr -N .~ ~ ~ D 1~ ~ ::u -- "'- ~ .\) ) '" o c: < a~[~ .....--. '-'r' -fi~' .,-~ u}" -<>:: ~:c:::; ):;;,..-, 2;>-0; "'~' ~.~C :z ~ - ",." :b ("::) r, ''''fi <::) :::--") --l r" C..;.;.' :~.-i --::'1; (..) :t".... ~ :-,,5:1 .,-, '. ~~ =4 j] -< 0) w .j:" ~. LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE , "'~-, , . FRANK S, GUERRIERO, II Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, : NO. 2001-6043 CIVIL TERM CIVIL ACTION - LAW SUSAN DIANE GUERRIERO, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND ) Philip H. Spare, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker, Brenneman & Spare, p, C., being the attorneys for Frank S, Guerriero, II, Plaintiff in the above captioned action in divorce; that on October 23, 2001, he did send to Defendant Susan D. Guerriero by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. 7000 1670000850472537; that both the Complaint and cover letter were duly received by Susan D, Guerriero, the Defendant herein, as evidenced by the return receipt card for said certified mail dated October 24, 2001; that a copy of the aforementioned cover letter dated October 23, 200 I is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached \1 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE , .-~ !;O~I;ii*dk.< hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true and correct to the best of his knowledge, information and belief. Sworn to and subscribed before me this 8th day of November, 2001. JlJ4--' t }rh . Notary Publi NIltarlaI SeeI ~=~ My , , Expires Nov. 24, 2003 . ~'''~''''"''t'l,",~'''...,~fk!~.:o,:'f'l; II Plffb \-it' "" ITI Ul ru "" ~ o Ul Certi1ied Fee Return Receipt Fee (Endorsement Required) <0 o d Restricted Delivery Fee CJ ' (Endorsement Required) , 1.50 3.20 7.37 o "" ..D H Sant To Susan Guerriero CJ -St;eei-;Apt:-No.;"o;"Pc/sox7lo.----mmn--mn--------------------uu ~ 'C;ij,'St;;t;;,'zlj5;~~f~~;;i~,~t~t:,;Ji~r~,~f7055nm Total Postage & Fees $ ",'-0 ,Cmp e elterns' ,2,'andS: P<so cornpleie' I!em 411 Restricted Delivery Is,desired, .. Print your name and address on the reverse $m: that we can retum the card to you. ." Attach this card to the 'back of the mailpiece, . , or on thetfront if spabe permits. 1. Article Addressed to: Susan Guerriero 1095 Cocklin Street Mechanicsburg, PA 17055 2. Article Number (Copy from servIce labeQ LAW OFFICES SNELBAKER. BRENNEMAN & SPARE F'S 'Ferm ." 1, JIlII' . B_clllolum IlIl1lJ1ilJ'l 1_00-M.Q952 I. 0 Agem DA' o v'" o No 3. Servi , TYP'9 ijfCertl . Cf ReglstEi" o Insured Mail 4. Restrlct;d Deilvery? (Extra Fee) 7000 1670 0008 5047 2537 ltiY8$ EXHIBIT B ""i- - " , . ~ ',- - '1 ' ,,~~~ 0'; , . SNELBAKER. BRENNEMAN (1 SPARE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN PHILIP H. SPARE 717-697-8528 P. O. BOX 318 FACSIMILE (717) 697-7681 October 23, 2001 VIA CERTIFIED MAIL NO: 70001670000850472537 RETURN RECEIPT REQUESTED RESTRICTED DELIVERY Susan D. Guerriero 1095 Cocklin Street Mechanicsburg, PA 17055 Re: Divorce Action No: 01-6043 Civil Term Court of Common Pleas of Cumberland County, Pennsylvania Dear Ms, Guerriero: Enclosed for service upon you is a certified, true and correct copy of the Complaint in Divorce filed this date in the above referenced rnatter. Our firm represents Frank. ' He is interested in rnoving this matter forward on an amicable basis. You should discuss your legal rights with an attorney and have hirn or her contact me as soon as possible. In the event you elect not to retain an attorney, you may contact me directly. Very truly yours, Philip H. Spare PHS:jjc Enclosure cc: Frank S. Guerriero, II (wjenclosure) EXHlliBIT A !iN; ~~~~Yi~~1tI!i~~~~ib;;~"'f0-')1Mi1;.~~.{<0i"(",>,;,t1,,t,ia<id:iif:~~I!i<~!& 1ll1J.iillK"J"''';' ," ~. ,JL~J.".,LLJ. JUL. '" , ~~~~ ~" L.a ~"-1'""- "' ~LJ"",~",=.~_, ,~ _,,~_"'r'lC' '.""'.'__0_ k"",_,,,,,y;,,,,;,~J:~J1[~~,,,,, "'," .",:",,;;::, ,. "'c- ,-,C",., ~;", -,' ',~"k""",<_r _'._' " ,',,~ ,- ,., -, o C <': ~;::;\jj l-n;'t: ~~p~ .....~ - ~~:i~ ~~t..> .~--;,. - ~Zl ) ~-o ,;Pc ~ Co! -::1': ;'":) e- M " ,'~ f',) l"L: C) ~~ ~'- ~ a (,J ,"," LAW OFFICES SNt::LBAKER, BREO:NNEMAN & SPARE ,;~,:" . , . FRANK S. GUERRIERO, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 2001-6043 CIVIL TERM : CIVIL ACTION - LAW SUSAN DIANE GUERRIERO, Defendant : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) ofthe Divorce Code was filed on October 23, 200 I. 2, The marriage of the Plaintiff and the 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 of divorce after service of notice of intention to request entry of the decree, 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C. S, S 4904, relating to unsworn falsification to authorities, Date: February 20, 2002 ~~;-~, '''"'~-'~.:J.''~i''''''"'~~~~'l.'ildN,~'t-~lc1i<t,~A';.{~;,'\iW~oliintiit.~Mi;'~n';l~fflti1(&~IBIfi-lij-( ,,~. k5,,-q7d;lf~""'~-$ifi1.t1t1 ~';""'" ~ 'f II. rUM.!.UJIlI!!m L A~" "~,,J,,!h0.~ ",,~, ,."Ut., ~'-~, _",?,., ,Jl-""~,,".F'.l.,,, ;-~,-~, .;~'"~", -;"..'y' '" )1;"'__ '" -, ~.'\ r ',"~'~"I "_" .,~....--. Ulili~Jl!t1 <.. ,~, ~+ , '" .<. ~-,-""""~, ~" () ~; ,_~'i",:? '1""-11 ' ~:~~. r::: -,.:-:.- -;":;;f-" ):. C '^,~"'.,."" T; -n '"1 "') I'.' ~, LAW OFFICES SN~LBAKER. BR~NNEMAN & SPARE . , J FRANK S. GUERRIERO, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 2001-6043 CIVIL TERM : CIVIL ACTION - LAW SUSAN DIANE GUERRIERO, Defendant : IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I, 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, 4, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S, S 4904 relating to unsworn falsification to authorities, Date: February 20, 2002 , Guerriero, II (Plaintiff) 'T--" ' - ~__:hii____'~~':-1" -Lii1~<<i~;~,~~~~*,:ia.aJ ,~" ,'~','-;h,;"]~_{.! l.,-,~C:~ ~ t~ ii&:..M)-...-......;.I\r~.Jl kfi" ""~L,,' ';'" "~ "I" Ci ~; ;OC):- ,J] r-, ~-'" ,.." C". ell) D~C ~:i~' i: I "'1 '-.'i r~ 'j i\..:, ...) "- ,~ -,) f\', -( Jl11 ..IU. ",J!i;U JTI 11., L, J!U,;,l;l.k~l)jli"il)",~!",J,:\llil!l,l,,}.t\l,., ",.,AU "" ",>..[1.. JJ. U, Il ,., ,L1L.,..., ,)Jt".,'!, J.,)!"I"}, "J "."j!,,!!!lI1l!UI I.J ,,11' 1'." L.llll,JLU1!. ' J. '. . FRANK S, GUERRIERO, PLAINTIFF vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-6043 CIVIL TERM SUSAN D, GUERRIERO, DEFENDANT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on October 23, 2001 and served upon the Defendant on or about October 24, 2001 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant, 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4, I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C,S, Section 4904 'I relating to unsworn falsification to authorities, February 20, 2002 ~I/J d Ii/VIJ/-u SAN D, GUERRIERO Date II t1 ~iI~~~~llilil'~~!!>'fuj~ms;:,Il.\ill"~i:"~f"!i~:I<-*"ia.~'1mI~:,t.p';>Ii.dl(!W ~j ~,Ir- ~ ""'--=;~~~ -~"> .> ~ 2-''' -;:',j l~, ' ;lln", '-/'-' ~-~ --'. 7~~ r- ;',) ~~~ ~~~~ -",,'" :~ EI~_, L,,~,\,J JUJ UltU:',c] L ~ :,:c-' "~"~~'''~''';'N;;"",~'!',,\;,:~~I, d"J,~\~~A;~~;;,:::,~:, "~f1<~'}J,-,,; '~";'-z:_n,y ,,;,,'c_, '", ,-,'to't- ,,,~, "C,,{, ",..,. ;. 1.[;; -,_,;dW_..,]\,),-4;'ii_,,,,;k~J-lt,~J;lI-~..<itJ. ,: l:kl i I i I (") c::: -r] '-"'.:J f'-,) con ,..) r.,J .,.1iJ..!L>",~ 'M~""',~.1 ! f]ll!iL "";,i . -"J .. FRANK S. GUERRIERO, PLAINTIFF vs, ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 2001-6043 CIVIL TERM SUSAN D. GUERRIERO, DEFENDANT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 eCl OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2, I understand that I rnay 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 Waiver are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities, February 20, 2002 Date j~~ J ~/lhr S"USAN D. GUER ERO II 'ff ;~~~~~~~~~lgiliimJ'j.~_08i_Itol~~t#.~"-'1P"""'\.;"Et;?1;;i~'-',j',;~iJc;.C1'j;'!.,,-U,--.;aJtJSJ~',:liiirw .. ,.... . ~ ~~.JLJ,M;~, "";n~J!!!:,,-,,JrJ1L[,'~r,:. ~:~"~,;r;,,,,J<~,,,,.;~,\~J1~,.;,,~:,,,:,'~,:: .\;,;,;:, ~_c~~::~,:_&"~,~,,:,,,~~i:, l, ,o-:",t~\, ~"'i' "'~-~" ~ >,", y~~- c' ~~: ,. 2F~ ;;e,- (/) ~ .:;::: -,~~> ('" &:(~~', ->-~c:: .- - I",) -," '" .' r<: ;o'~ " ,:,_;~._I, ,;" ",.!'), :~"/':" j8.t ;lLL J", ~ii,:;:,-,~_,~~-,~,~"'Ri""",:c,:_l~[JILIDj~,lJ!I, ,,"1 '," ,'~~ )", " !l<>~'" FRANK S, GUERRIERO, PLAINTIFF vs, ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 2001-6043 CIVIL TERM SUSAN D, GUERRIERO, DEFENDANT IN DIVORCE NOTICE TO RESUME PRIOR SURNAME NOTICE IS HEREBY GIVEN that Susan Diane Guerriero, Defendant in the above matter, having been granted a Final Decree in Divorce on the Z(ll~ day of /J1McA ,ZOOZ , hereby elects to resume the prior surname of Susan Diane Nelson, and gives this written notice pursuant to the provisions of 54 P,S. S 704, Date: -r} ~ 2-- k /~ ItA1l(4A Susan Diane Guerriero ~~/j{t~ "Susan Diane Nelson I' COMMONWEALTH OF PENNSYLVANIA ) (SS,: COUNTY OF CUMBERLAND ) On the J'2."*' day of MCAAc.0 ,2002, before me, the undersigned officer, personally appeared Susan Diane Guerriero, known to me (or satisfactorily proven) to be the person whose name is signed to the within Notice to Resume Prior Surname and acknowledged that she executed the foregoing for the purpose therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. I I Ii Notary /dbi; ~~() tYNN fHR NOTARiAL SEAL IIY tEMOYNE 5~kijLDcff~~~~Y PUBLIC COMMISSION EXPIRES AULAG NjD7 CO, , 2004 jj " ~~~~~~~~--""-~''''~m')~'-i,g;.~'h~hs:;~d_'_4-'W4Mdili,~~iiial'~r'Jf'ilir - T --r':.i^~_Mt~~- - --,,; ~ ~ SJ c 0 ,-- N -n 'J :~ :::: 1, t ~ ~tt: ;;:~.:!O -,-, :::0 F ----;."r fn ~ "----'. C\ '( rn ,r"> '-':;'- , ~ "" [S 1--, ~-l.~ ~ ~ ,:,-;-""i 2::;) ::;;:C) Lv S;:i~ 6 ;,-".:;,fl1 ~ - ~ :~ 9 e --j ::> :0 -<. 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