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HomeMy WebLinkAbout99-06298zr ; ,; :;'? ;;':' ';' ,. , ::. ;`?' °;. :r?--,< ?`':i ?;; .,,:> ;: <_;< 7i 3! t y tR it z} _. .a ..?.._. ate! i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY r STATE OF PENNA. TAMMY S. FANUS, Plaintiff Vertu; GARY L. FANUS, Defendant rt iR M sue} ter. t ?, ,._,..,, .199.9_-62..9.8 .............. DECREE IN DI VORCE /?' " -- M AND NOW,-. ?"` ........ it is ordered and decreed that ..TAMMY.s....FANU&,•,,,,,,,,,,,,,,,,,,,,,,,,,,, , plaintiff, and .......GARY ,L. , FANUS , defendant, .................................. . . . are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have i been raised of record in this action for which a final order has not yet been entered, W _ The Parties', Se.parati,on, and, Probe) ty„Set[,i emen.4 ,Agr,GGmnn.t; doted Ma 18 2000 is incor orated herein and the court has urisdiction t over_no.other claims. Ile ?y The 'Court: / ; x j Attest: A J. i rolhanolnry??' 1 _. .. TAMMY S. FANUS, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs : NO.99.6298 CIVIL TERM : CIVIL ACTION -LAW GARY L. FANUS, Respondent : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please incorporate the attached Marriage Settlement Agreement, dated May 18, 2000, to the above-captioned divorce action. Respectfully submitted, James yer, . qui Knyer I i Liberty 8 4 East Li rty venue Carlisle, A 17013 Dated: SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this tcdh_ day of May, 2000, by and between TAMMY S. FANUS (hereinafter referred to as WIFE) and GARY L. FANUS (hereinafter referred to as HUSBAND); WITNESSETH: WHEREAS, the parties hereto were married on Mayl5, 1992, in Chambersburg, Pennsylvania; have been and are HUSBAND and WIFE; and as a result of this union, one child was born to wit: Garth L. Fanus, born February 14, 1991, hereafter referred to as the "child." WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support and/or maintenance of the WIFE, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW, THEREFORE, in consideration of the premises and of the mutual promises, 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: I. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not he considered to affect or bar the right of WIFE or HUSBAND to a limited or absolute divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either parry hereto of any act or acts on the part of the other party which have occurred prior to the date hereof. WIFE has initiated a no fault divorce under section 3301(c) of the divorce code and both parties agree that they shall execute all documents necessary to finalize that divorce without resort to litigating any dispute. 2. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them. 4. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party as such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 5. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither parry 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. 6. WIPE'S DEBTS: WIFE represents and wammts to HUSBAND that since their separation, she has not and in the future she will not contract or incur any debt or liability for which HUSBAND or his estate might be responsible and shall indemnify and save hannless I IUSBAND from any and all claims or demands made against him by reasons of debts or obligations incurred by her. 7. HUSBAND'S DEBTS: HUSBAND represents and warrants to WIFE that since their separation he has not and in the future he will not contract or incur any debt or liability for which WIFE or her estate might be responsible and shall indemnify and save harmless WIFE from any and all claims or demands made against her by reason of debts or obligations incurred by him. 8. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except any or all causes of action from breach of any provisions of this Agreement. 9. REAL PROPERTY: The mobile home at I Coral Drive, Carlisle, Cumberland County, Pennsylvania shall be the property of the WIFE. HUSBAND shall be primarily responsible to pay the mortgage to CIT that encumbers this property and shall refinance this obligation in his own name at the earliest viable opportunity. In the event that HUSBAND is still satisfying this obligation at the time that WIFE has satisfied her debts owing to PSECU (referred to hereafter in paragraph 10(Q, WIFE shall contribute and mount of $100 per month until the mortgage is satisfied, or the HUSBAND releases her from this liability. HUSBAND shall indemnify and hold WIFE harmless of any and all liability arising from the lien encumbering this property in the event that he does not immediately refinance this obligation at the time that the parties execute this agreement. HUSBAND agrees to execute any and all documents and titles to confirm that he has waived any interest she has in the real estate or any improvements thereon, including any titles or deeds that WIFE may present to him in the future. The property located at 25 Rocky Ridge Road, Dillsburg, York County, Pennsylvania, together with any lien thereon, shall be the property of the HUSBAND. The HUSBAND shall indemnify and hold WIFE harmless of any and all liability arising from the lien encumbering this property, and WIFE confirms that she waives any and all claims she might have regarding this property. 10. DIVISION OF PERSONAL PROPERTY: (a) The parties have heretofore divided their personal property to their mutual satisfaction. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE respectfully, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. All items of personal property shall be divided between the parties as provided herein: (b) Personal Effects: All items of personal effects such as, but not limited to: jewelry, luggage, sports equipment, hobby collections and books, but not including furniture or any property, personal or otherwise specifically disposed of pursuant to this agreement, shall become the absolute and sole property of that party who has had the principal use thereof or to whom the property was given or for whom it was purchased, and each party hereby surrenders any interest he or she may have in any such tangible personal property of the other. The gold diamond engagement ring given to WIFE by Husband's mother and a diamond cocktail ring given by Husband's mother to WIFE shall be given to the parties' child no sooner than at the time of her eighteenth birthday. Both parties must agree to the timing of the transfer of this jewelry to the CHILD. Until that day, WIFE shall maintain possession of these rings. In the event that WIFE predeceases HUSBAND, the parties agree that possession of these rings shall revert to HUSBAND and he shall at his sole discretion determine when the child shall receive the rings. The Gateway computer system shall be the property of the HUSBAND. (c) Intangible Personal Property: All stocks, bonds, cash, and sums on deposit in checking and saving accounts (owned by either or both parties) have been or will be divided to the mutual satisfaction of the parties. Each party agrees to waive any and all interest that he or she may have in their respective spouse's pension, 401(k) account, IRA account or any other form of retirement benefit. Each party shall execute any and all documents that may be required to effectuate this division and waiver of interest. (e) Furniture and other Tangible Property: All furniture and other tangible personal property not disposed of pursuant to other paragraphs of this agreement shall be the property of the WIFE. (0 Debts: HUSBAND shall be solely responsible for the Home Mortgage owing to CIT. WIFE shall be solely responsible for the loans due and owing to PSECU including the credit card account and open line of credit. Each party shall indemnify and hold the other harmless of any and all liability arising from the obligations listed and delineated above, if the responsible party fails to abide by the terms of this agreement. (g) The parties further agree that neither will incur any future debts for which the other may be held liable, and if either parry incurs a debt for which the other will be liable, that parry incurring such debt will hold the other harmless from any and all liability thereon. The parties agree that WIFE shall execute a promissory note to HUSBAND in the amount of $1,497.00. HUSBAND shall be responsible for the preparation of this note and all money paid by WIFE to HUSBAND to satisfy this note shall be deposited in an account for the benefit of the child. Said note shall be interest free and shall be paid in full no later than seven years after the execution of this agreement. 11. AFTER ACQUIRED PERSONAL PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respect and for all purposes, as though he or she were unmarried. 12. CUSTODY: The parties shall share legal custody of Garth L. Fanus. The WIFE shall have primary physical custody of Garth L. Fanus. The HUSBAND shall have partial physical custody of the child on every weekend from Friday until Sunday evening at those times as may be agreed upon between the parties. The parties shall also alternate or split their periods of custody on holidays as they may agree. Either party may schedule a vacation with the child and shall notify the other party at least seven days in advance so as to allow each party the opportunity to make plans as appropriate. In the event that either party travels out of state, he or she shall notify the other party as to a telephone number where they can be reached. Each party shall be authorized to contact the child's school and medical providers as necessary. The FATHER shall be authorized to pick the child up from a school or caregiver so long as he provides the MOTHER advance notice of his intention. The parties shall equally share in the transportation responsibilities and shall meet at a convenient location approximately half way between their residences. In the event that they cannot agree to an appropriate meeting place, it shall be the responsibility of the parry receiving custody to pick up the child from the other party's residence. Each party shall endeavor to avoid disrupting the child's obligations with family, friends or other organized activities to the best of their ability. The parties agree that they may modify these terms by their mutual written agreement at any time and in the event that one party becomes dissatisfied with the current custody arrangements, he or she may petition the Court of Common Pleas for appropriate relief. Nothing in this agreement shall prevent the child from communicating his preference for custody to the parties or any court of competent jurisdiction in the future if either party petitions the court for modification of the existing custody arrangement. 13. ALLOWANCES TO WIFE AND CHAD: The parties confirm that they shall endeavor to reach an agreement regarding child support that may or may not be entered as an order of court through the domestic relations office as they may agree. This agreement shall be memorialized between the parties as they deem appropriate. WIFE shall continue to provide health care coverage for the child as long as that coverage is available to her through her employment. The parties shall share unrcimbursed medical expenses in proportion to their income, 62% for the HUSBAND and 38% for the WIFE. WIFE waives attachment of HUSBAND's wages as long the payments outlined above are paid in a timely fashion; WIFE reserves the right to order attachment in the event the payments cease or are not received in a timely fashion. Pursuant to state wide support guidelines and laws in effect within the Commonwealth of Pennsylvania governing support, WIFE may file for support at any time, and either party may file for a modification, either increasing or decreasing the support payment agreed to in this stipulation. The terns set forth confirm that both parties waive any right to alimony, spousal support and alimony pendente lite as they may be eligible to receive pursuant to the terms of the Divorce Code. 14. COUNSEL FEES: Each party shall pay his or her counsel fees and expenses. 15. DIVORCE: WIFE agrees to pursue the divorce and to be the Plaintiff therein. HUSBAND agrees to sign the necessary documents, including an Affidavit of Consent and further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 16. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 17. 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 contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 18. VOID CLAUSES: 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. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 20. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 21. 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 that may be reasonable required to give full force and effect to the provisions of this Agreement. 22. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980. 23. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 24. 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. 25. MODIFICATION AND 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 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. 26. WAIVER OF RIGHTS: The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, Act of April 2, 1980, Number 1980-26, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. 27. EXECUTION OF DOCUMENTS: Both parties hereby agree to execute any documents required to implement this Agreement. 28. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 29. RIGHT TO COUNSEL: Wife has reviewed this agreement with her counsel, and husband has been advised of his right to consult with counsel of his own choice, and has decided to execute this document after his review. Each party agrees that they understand the terms and conditions of this agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. Wt ess Tammy S. Fn s Witness G Fanus F 4 1 11 .. a W CAD C W N?7 N •? 0 Fi: .. ., 1 i i TAMMY S. FANUS, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA Vs : NO. 99 - 6298 CIVIL TERM : CIVIL ACTION -LAW GARY L. FANUS, Respondent : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: 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 the complaint: Acceptance of Service on November 18, 1999, by the Respondent, filed with the Prothonotary 12/2/99. 3. Complete either Paragraph A or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: By the Plaintiff, May 18, 2000; By the Defendant May 18, 2000. B. (1) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: none. (2) Date of service of the Plaintiffs affidavit upon the Defendant: none 4. Related claims pending: The Parties' Separation and Property Settlement Agreement dated May 18, 2000 is incorporated herein and the court has jurisdiction over no other claims. 5. Complete either (a) or (b). A. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: none B. Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: Date May 22, 2000, Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary May 22, 2000. TAMMY S. FANUS, : IN TI IE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs : NO. 99 - (Px9CIVIL TERM : CIVIL ACTION -LAW GARY L. FANUS, Respondent : 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. Court Administrator - Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone (717) 240.6200 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. James J. Kayer, Esquire Attorney for Plaintiff Liberty Loft 4 East Liberty Avenue Carlisle, PA 17013 (717) 243-7922 TAMMY S. FANUS, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs : NO.99- CIVIL TERM : CIVII. ACTION -LAW GARY L. FANUS, Respondent IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) and 3301(d) OF THE. DIVORCE CODE COMES NOW, Plaintiff Tammy Fanus, through her attomey, James J. Kayer, Esquire and avers as follows: COUNT 1- DIVORCE 1. Plaintiff is Tammy Fanus, an adult individual, whose current address is: I Coral Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Gary L. Fanus, an adult individual, whose address is: 1 Coral Drive, Carlisle, Cumberland, County, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 15, 1992, Chambersburg, Pa. 5. There have been no prior actions of divorce filed in this matter. 6. Plaintiff or Defendant is not a member of the United States Armed Forces. 7. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) and s=s Section 3301(d) of the Divorce Code. 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, Plaintiff requests the court to enter a decree of divorce. Respectfully submitted, S Date: October '1999 Carl (717) 17013 P? r ? Ff y ? ni S` ILtY 1 4N4 k 5 u etiYl 11 i t?? r ff'Y ?Yz ,.ii. "..ii?. rr4: ? Ft VERIFICATION OF PLEADINGS The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my counsel and not my own. I have read the statements made in this document and to the extent that it is based upon information which I have given to my counsel, it Is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, l have relied upon counsel in making this Verification. 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: 0 , 1999 L'k f U y r 1 ,a 1 ?r rl 7 J. in a C TAMMY S. FANUS, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs : NO.99 -6298 CIVIL TERM CIVIL ACTION -LAW GARY L. FANUS, Respondent : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE l 3301(c) OFTHE DIVORCE. CODE. 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that 1 may lose rights concerning alimony, division of property, lawyers fees or expenses if 1 do not claim them before a divorce Is granted. 3. [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. .. AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on October 14, 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted. 1 verify that the statements made in this Waiver and 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: 5 I U 2000 4mm Fanu y .? LI 41. I ? iJ •* ; 04 M b ' Y, • e , IM1 r i ? y w Z i TAMMY S. FANUS. : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs NO.99 -6298 CIVIL TERM CIVIL ACTION -LAW GARY L. FANUS, : IN DIVORCE Respondent 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that 1 may lose rights concerning alimony, division of property, lawyers fees or expenses if 1 do not claim them before a divorce is granted. 3. 1 understand that 1 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. AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on October 14, 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expenses If i do not claim them before a divorce is granted. I verify that the statements made in this Waiver and 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 DATE: 2000 IN f a < VJt N 1, 7 C7 CJ ' it ,err'. .. 6?:r a m ? ,0 < . TAMMY S. FANUS, Petitioner vs GARY L. FANUS, Respondent : IN 7'I IE COURT OF COMMON FLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : NO.99 - 6298 CIVIL TERM : CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Gary L. Fanus, hereby accept service this If of November, 1999 of the Notice to Defend and Complaint in Divorce filed in the above captioned matter. f' . GAR ,;21? ANUS tx /.k9 Y Y A Y 'ti ,• , J ? V D C_C O, y, ?. W 'M x 1C) cn B? LI Ce }} N to ?? j ? llt ? lLJ L4lUJ CJ c E; TAMMY S. FANUS, Plaintiff VS. GARY L. FANUS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99 .6298 CIVIL TERM : IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME Notice is hereby given that the Defendant in the above matter, having been granted a final decree in divorce on the 24th day of May, 2000, hereby intends to resume and hereafter use the previous name of TAMMY S. BLAIR and gives this written notice avowing her intention in accordance with applicable law. TAMMY S. FAN S To be known as: _. ? vn?l•rl TAMMY S. AI COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On the -Z'24 day of 1,--] { 2000, before me, a notary public, personally appeared TAMMY S. BLAIR (formerly known as TAMMY S. FANUS), known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set ffiy h d and seal. ?_--- NOTARI=Public DENISE pINAMOCarlisla aorough. M Commiss?n^ EsTlOtfttyP6bI1C :""f , • Ai hy? f ;l. 1. '! . 7 5 l'.1 r•t m Q ?'. 12 MM W' ? UJ d 1 r p aI Cl- CI . C) U !?