HomeMy WebLinkAbout99-01949
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
.~
STATE OF
PENNA,
Lou Anne Knisely, PlaintilT
NO.
No. 99 - 1949 Civil Tenn
VERSUS
Stephen E. Knisely, Defendant
DECREE IN
DIVORCE
AND NOW,
A,,~..d ~
. 2.oo~, IT IS ORDERED AND
.
.
Lou Anne Knisely
I PLAINTIFF,
DECREED THAT
AND
Stephen E. Knisely
. DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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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 property settlement agreement executed on May 30, 2003,
.
And filed June 4, 2003, is incorporated but not merged into this Decree.
.
.
By THE COURT:
W4.-.
;;t~4
PROTHONOTARY
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LOU ANNE KNISELY,
Plaintiff
: IN THE COURT m' COMMON PLEAS m'
: CUMDERLAND COUN'IY, ENNSYLV ANIA
\18.
: CIVIL ACTION - LAW
: NO. 99- I 9'1? CIVIL TERM
.
.
STEPHEN E. KNISELY,
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
foUowing pages, you must take prompt action, You are warned that if you fail to do so, the case
will proceed without you and a decree in divorce or annulment may 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 or 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 First floor, Cumberland County Courthouse, South Hanover Street,
Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF MARITAL
PROPERTY, lAWYER'S FEES, OR EXPENSES BEFORE A DNORCE IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE TIDS PAPER TO YOUR lAWYER AT ONCE. IF YOU DO
NOT HAVE A lAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
LOU ANNE KNISELY, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff : CUMBERI,AND COUNTY, PENNSYLVANIA
.
.
v. CIVIL ACTION - LAW
. NO, 99- /1'1 '/ CIVIL
.
STEPHEN E. KNISELY, .
.
Defendant : IN DIVORCE
COMPI,AINT IN DIVORCE UNDER SECTION 3301 (C) OR 3301 ill} OF THE
DIVORCE CODE
AND NOW comes Lou Anne Knisely, plaintiff herein, by and through her attorney, Jacqueline
M. Verney, Esquire, and represents the following:
I. Plaintiff is Lou Anne Knisely, an adult individuaL currently residing at P.O, Box 354, Boiling
Springs, Cumberland County, Pennsylvania 17007.
2, Defendant is Stephen E. Knisely, an adult individuaL currently residing at P.O. Box 354,
Boiling Springs, Cumberland County, Pennsylvania 17007.
3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and
have been so for at least six months immediately previous to the filing of this complaint.
4. Plaintiff and Defendant were roamed on June 4, 1977 in Innwood, West Virginia.
5, There have been no prior actions for divorce or annulment between the parties,
6, The Plaintiff has been advised of the availability ofmamage counseling and the Plalntiffroay
have the right to request that the Court require the parties to participate in counseling.
Having been so advised Plaintiff does not desire the Court to order counseling.
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LOU ANNE KNISEI.Y,
Plaintill'
: IN TilE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
\'.
: NO. Ill}. 11)49 CIVIL TERM
STEI'IIEN E. KNISELY,
Dclcnuunl
: IN DIVORCE
AMENnEn AFFII)A VIT OF CONSENT
I. A complaint in divorce under sect inn 3301(c) oflhc Ilivllrcc ('()de \\'a" li1l:d 011 April ~I 11)IJC),
1. The marriage: uf Pidiruiffand l)cfcndllOl is irrctricv:'lhly hrnkcn and ninety d:.}'s 11..\,c elapsed frol1llhc
dale of the filing and service of the Complain!.
3. I consent to the entl)' of a tinal decree of divorce uOCI' service uf nut ice uf intentiun to rC411c~1 entr)' of
the decree.
I verify that the statements made in this artidavit arc true and correct I also undcrst;U1d that '"alse
statements herein urc madc subject to the penalties of 18 Pa.C.S. 4904. relating to tll1swom falsitic:ltion tn
authorities.
Date: 7/60) 03
~"J,_r~E_ . )t ,. ~j
SI~E. Knisely. Derend7(j
WAIVER OF NOTICE OF INTENTION
TO REOUEST ENTRY OF A DIVORCE DECREE
UNDER &330Hc) OF THE I>IVORCE CODE
I. I consent to entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony. division ofpropcrty,law)'cr"s fees Of 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 aftidavit arc truc and correct. I understand that false statements
herein arc made subject to the penalties of 18 Pa.C,S. ~4904 relating to unsworn llllsilication 10 authorities.
Date: 7/3~)o 3
~n~.~~__E__t~
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2.
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall be final and shall forever determine their respective rights,
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
3.
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each party may cany on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other.
4.
The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the other,
The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she,
respectively:
2
(I) Is represented by eounsel of his or her own ehoosing, or if not represented by
counsel, understands that he or she has the right to counsel: WIFE is represented
by Jane Adams, Esquire; HUSBAND is represented by Rebeecu Hughes, Esquire;
(2) Is fully and completely infonned of the facts relating to the subject matter of
this Agreement and of the rights and liabilities of the parties;
(3) Is entering into this Agreement voluntarily after reeeiving the adviee of
counselor after choosing not to consult an attorney;
(4) Has given careful and mature thought to the making of this Agreement;
(5) Has carcfully read each provision of this Agreement; and
(6) Fully and completely understands each provision of this Agreement, both as
to the subject matter and legal effect of each provision,
This Agreement shall become effective immediately as of the date of execution,
5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualifY as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
assigns, The parties have attempted to divide their Marital Property in a manner that confonns to
a just and fair standard, with due regard to the rights of each party. The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other
property not constituting a part of the marital estate,
It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
3
6.
Each party represents and warrants that he or she has made a filII and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any property is subject. Each
party further represents that he or she hllS made a full and fair disclosure of all debts and
obligations of any nature for which he or she is currently liable or may become liable. Each
further represents and warrants that he or she has not made any gifts or transfers for inadequate
consideration of Marital Property without the prior consent of the other,
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marriage.
7.
REAL ESTATE: WIFE agrees to transfer all right, title and interest which he may have
in that marital property located at 114 and 116 Second Street, Boiling Springs, Cumberland
County, Pennsylvania, and any improvements thereon to HUSBAND and releases all claims
which she may have regarding said real estate in accordance with this paragraph. HUSBAND
agrees to pay any outstanding payments on any mortgages 011 said property, lIS well as all real
estate taxes, insurance, and any maintenance and repair costs, and hold WIFE hannless from any
obligations on said payments and indemnitY her if any claim is made against him. HUSBAND
further agrees to refinance any mortgages currently against said property which is in both parties'
names, into his name individually. WIFE hereby agrees to execute a Deed conveying his
interest in the property to HUSBAND simultaneous to the signing of this Agreement.
4
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PERSONAL PROPERTY: The panics agree that the personal propeny has been
divided to the panics' mutual satisfaction with the exception of the following items which WIFE
desires to obtain from the marital residence:
a. jewelers bench
b. piano with stool
c. oak desk
d. bed in attic
e. furniture in attic
f. father's tools in basement
g. shelf in downstairs bathroom
h. cook stove at farm
i. ballet picture
j. snapshots/videos
k. books
I. girls' school papers
m. figurines given to WIFE from her mother
n. magazine rack made by WIFE's grandfather
o. glass transom
p. twin bed
Except as provided above, WIFE hereby waives all right, title and interest which she may have
in any personal propeny of the HUSBAND. HUSBAND likewise waives any right, title and
interest which he has in the personal propeny of WIFE. Hencefonh, each of the panies shall
own, have and enjoy independently of any claim or right of the other pany, all items of personal
propeny of every kind, nature and description and wherever situated, which are then owned or
held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND
or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if
he or she were unmarried.
5
'I,
AUTOMOBILES: WIFE hereby waives all right, title and interest in any vehicle that
HUSBAND currently owns or may own in the future, and agrees 10 execute all documents
necessary to transfer title of any jointly titled vehicles that HUSBAND may own within thiny
(30) days of this Agreement. HUSBAND shall hold WIFE hannless for any and all liability
associated with the use and purchase of any vehicle he may own, and shall be solely responsible
for all insurance and other financial responsibility associated witb said vehicle. HUSBAND
hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in
the future, and agrees to execute all documents necessary to transfer title of any jointly titled
vehicles that WIFE may own. WIFE shall hold HUSBAND hannlcss for any and all liability
associated with the use and purchase of any vehicle she may own, and shall be solely responsible
for all insurance and other financial responsibility associated with said vehicle.
.:
10.
MARITAL DEBTS: It is agreed that HUSBAND shall assume all liability for and pay
and indemnify WIFE against any outstanding debt owed to Knisely's Agricultural Center, Inc.
It is funher mutually agreed by and between the panies that WIFE shall assume all liability for
and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of
separation. WIFE represents and warrants to HUSBAND that since the panics' marital
separation she has not contracted or incurred any debt or liability for which HUSBAND or his
estate might be responsible and WIFE further represents and warrants to HUSBAND that she
will not contract or incur any debt or liability after the execution of this Agreement, for which
HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND
6
hannless from any and ull claims or demands mude uguinst him by reason of debts or obligutions
incurred by her.
HUSBAND shull assume ull liubility lor and puy and indemnify the WIFE
against all debts incurred by HUSBAND after the dute ofseparulion. HUSBAND represents and
warrants to WIFE that since the panics' marital separation he hIlS not contracted or incurred any
debt or liability for which WIFE or her estute might be responsible and HUSBAND further
represents and warrants to WIFE thut he will not contract or incur any debt or liability after the
execution of this Agreement, for which WIr-E or her estate might be responsible. HUSBAND
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.
II.
INSURANCE and EMPLOYEE BENEFITS: The parties hereby ugree that any
individual retirement account, pension benefits, or any other retirement investments shall be their
own, and the other shall waive all right, title, and interest in the accounts of the other.
12.
STOCK AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest
which she may have in any savings or checking or any other bank uccounts of HUSBAND and
likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings
or checking or any other bank accounts of WIFE. Additionally, WIFE hereby wuives all right,
title and interest in any and all stock or any ownership HUSBAND may have in both KK Fanns,
a pannership, and in Knisely's Pet and Farrn Center, Incorporated. WIFE will cooperate in
executing any documents necessary for the transfer of her interests in these establishments,
7
16,
VOI.IINTARY EXECUTION: The provisions of this Agreement and their legal etlcct
have been fully explained to the panics by their respective counsel, arc fully understood by both
panics, and each pany acknowledges that the Agreement is fair lInd equitable, that it is being
entered into voluntarily, and that it is not the result of any duress or undue influence. It is the
panies' intent that this Agreement docs not merge with the Divorce Decree, but rllther shall
continue to have independent contractual significance. Each pany maintains his or her
contractual remedies or any other remedies provided by law or statute. Those remedies shall
include, but not be limited to, damages resulting from brellch of this Agreement, specific
enforcement of this Agreement and remedies pertaining to fllilure to comply with an order of
eoun or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel
fees and costs as set fonh in the Pennsylvllnia Divorce Code or other similar statutes now in
effect and as amended or hereafter enacted,
17.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
panies and there are no representations, warranties, covenants or undertakings other than those
expressly set fonh herein,
18.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
9
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COMMONWEALTII OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this ~J lJay of '-1~ I ttv
2003, a Notary Public, in and for the Commonwealth of Pennsylvania lInd Cou of
Cumberland, LOU ANNE KNISELY, known to me (or satisflletorily proven) to be the person
whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that
she executed thc same for the purposes therein containcd.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
.....
COMMONWEALTH OF PENNSYLV A
NOT,A!1~.1. SE:_I.
JANEE.AD.\l..:';, >,~'!"I ;,.i ';c
Carl;f,'.~) t' .- . ".llt!::'~ll:",'; C'<:1iirJ __
ttJ C'ji~'li1;~ ;~~,'; ~:Xj::!~i Sa?L a.iLQM
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SS:
COUNTY OF CUMBERLAND
'fA
PERSONALLY APPEARED BEFORE ME, this~ day of
of
2003, a Notary Public, in and for the Commonwealth of Pennsylvania
Cumberland, STEPHEN E. KNISELY, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that
he executed the same for the purposes therein contained.
IN WITNESS WHEREOF,I have hereunto set my hand and official seal.
--
_ L. Nocl. NoIaIy Public
CII1IJ1c 9<<0. CllIIlbcr&Rd County
My Comml"ion Expi... Sept. 18, t003
I em Notaries
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JANE ADAMS
ATl'ORNEY AT LAW
"y:,lIlI"OUTH PITT aTlIUT
'"," ! cANUel.., PA 17013
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".li!i'X'.;, 17171 UIl'1501
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LOlTANNE KNISELY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 99 - 1949 CIVIL TERM
v,
STEPHEN E. KNISELY,
Defendant
: IN DIVORCE
PRAECIPE TO WITHDRAW AND ENTER APPEARANCE
TO THE PROTHONOTARY:
Please withdraw my appearance for Plaintiff, Lou Anne Knisely, in the
above-captioned matter.
Date: ~!-4 0 '3
By:
M~,fJit
19 Brookwood Ave, Suite 106
Carlisle, Pa. 17013
(717) 249-5373
Please enter my appearance for the Plaintiff, Lou Anne Knisely, in the
above-captioned matter.
Date: 1(- 7, 3
e rlJadJ4-
n Adams, Esquire
36 outh Pitt SI.
arlisle, Pa, 17013
(717) 245-8508
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"AXl ,7171 141'"H,I', .
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IN TilE COI JRT OF COMMON PLEAS OF
ClJMBERLAND COUNTY. I'ENNSYLV ANIA
1.011 ANNE KNISEI.Y.
Pluintiff
Date: t -/2--tf)I
~ .~~-< <-ji; Ii.
c:;4line M. Verney, Esquire
44 South Hunovcr Street
Carlisle. PA 17013
(717) 243-9190
6'
v,
CIVIL ACTION - LA W
NO.'1'1-1<J4'1C1VIL TERM
STEPHEN E. KNISELY,
Defendant
IN DIVORCE
I'RAECIPE FOR WlTlmRA W AI. OF APPEARANCE
To Prothonotary:
Please withdraw my appearance on beh~llf llfthe PllIintiff. Lou Anne Knisely. in the above-
captioned matter.
PRAECIPE FOR ENTRY OF APPEARANCE
To Prothonotary:
Please enter my appearance on behalf of the Plaintiff. Lou Anne Knisely, in the above-
captioned malter.
Date: b,. ( z. - 2.dOt>
ichael J. Hanft, quire
Altomey ID No. 57976
19 Brookwood Avenue, Soite 106
Carlisle. PA 17013-9142
(717) 249-5373
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LOU ANNE KNISI.EY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
I'lainliff
CIVIL ACTION - LAW
NO.99-1949 CIVIL
19
VB.
STEI'IIEN E. KNISLEY
IN DIVORCE
Defcndant
STATUS SHEET
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