HomeMy WebLinkAbout99-07281?.L
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IN THE COURT OF COMMON
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PLEAS
OF CUMBERLAND COUNTY
STATE OF %°?•' PENNA.
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KELLY R. FINNEY, NO..9.9.-.7281... CIVIL... TERM
Plaintiff
Versus
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DARRYL K. FINNEY,
Defendant
DECREE IN
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DIVORCE
AND NOW,......., it is ordered and
EY
KELLY .. FINN
decreed that ... . . . . . . ........................ . plaintiff,
....
DARRYL K. FINNEY
and .......................................................... 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;
No issues are outstanding. All issues have been resolved and settled by the
...........................................................................
` parties' Marriage Settlement Agreement dated 7/5/00, filed of record and
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incorporated but not merged into this Decree.
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IN THE COURT O: COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KELLY R. FINNEY,
Plaintiff
V.
DARRYL K. FINNEY,
Defendant
To the Prothonotary:
NO.99-7281
CIVIL ACTION - LAW
DIVORCE
PRAECIPE OF TRANSMIT RECORD
Transmit the record, together with the following information, to the court for
entry of a divorce decree:
1. Ground for divorce:
Irretrievable breakdown under Section 3301(C) of the Divorce Code.
2. Date of filing and manner of service of the complaint:
a. Date of filing of Complaint: DECEMBER 3, 1999
b. Manner of service of Complaint: CERTIFIED MAIL, RESTRICTED DELIVERY
C. Date of Service of Complaint: DECEMBER 15, 1999
3. Date of execution of the affidavit of consent required by Section 3301 (c) of
the Divorce Code:
a. Plaintiff: JUNE 27, 2000
b. Defendant: JULY 5, 2000
OR
Date of execution of the Plaintiff's affidavit required by Section 3301(d) of
the Divorce Code and date of service of the Plaintiff's 3301 (d) affidavit upon
the Defendant:
a. Date of execution: N/A
b. Date of filing: N/A
C. Date of service: N/A
4. Related claims pending:
No issues are pending. All issues have been resolved pursuant to the Marriage
Settlement Agreement between the parties dated JULY 5, 2000 which Agreement is
to be incorporated into but not merged with the Divorce Decree.
5. Date and manner of service of the Notice of intention to file Praecipe to
Transmit Record, a copy of which is attached, if the decree is to be entered
under Section 3301(d)(1)(i) of the Divorce Code:
a. Date of Service: N/A
b. Manner of Service: N/A
OR
Date Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary:
a. Plaintiff's Waiver: JULY 3, 2000
b. Defendant's Waiver: JULY 28, 2000
nrna CLIFF, ESQUIRE
3448 Trind a Road l
Camp-Hill, PA 17011
Supreme Court ID # 32112
Phone: (717) 737-0100
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVP.,?1IA
KELLY R. FINNEY,
Plaintiff
V.
DARRYL K. FINNEY
Defendant
No. 99-7281 CIVIL TERM
Civil Action - Law
In Divorce
M--ARITA,L, AGREEMEN'T'
BETWEEN
KELLY R. F INNEY
AND
DARRYLe K. FINNEY
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TABLE OF CONTENTS
INTRODUCTION ............................................. 1
SECTION I
General Provisions ....................................... 3
SECTION II
Property Distribution Provisions ......................... 17
SECTION III
Alimony, Spousal Support, Child Custody, Child Support,
Health Insurance, Educational Expenses and Income Tax
Provisions ............................................... 29
SECTION IV
Closing Provisions and Execution ......................... 30
INTRODUCTION
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THIS AGREEMENT made this J` day of L- I 2000,
by and between
KELLY R. FINNEY ("WIFE")
and
DARRYL K. FINNEY ("HUSBAND")
W I T N E S E T H:
WHEREAS, the parties hereto are husband and wife, having been
married on June 2, 1996 in Franklintown, York County, PA and
separated on July 23, 1999.
WHEREAS, There were no children born of this marriage.
WHEREAS, diverse and unhappy differences, disputes and
difficulties have arisen between the parties and it is the
intention of Husband and wife to live senarate and apart for the
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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; the settlinc of all matters between them
relating to the past, present and future support, alimony and/or
maintenance of Wife by Husband or of Husband by Wife; and in
general, the settling of any and all claims and possible claims by
one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and 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:
(THIS SPACE INTENTIONALLY LEFT BLANK)
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SECTION I
GENERAL PROVISIONS
1.01. INCORPORATION OF PREAMBLE
The recitals set forth in the Preamble of this Agreement are
incorporated herein and made a part hereof as if fully set forth in
the body of the Agreement.
1.02.
This Agreement shall not be considered to affect or bar the
right of Husband and wife to an absolute divorce on lawful grounds
if 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 condonation on
the part of either party hereto of any act or acts on the part of
the other party which have occasioned the disputes or unhappy
differences which have occurred or may occur subsequent to the date
hereof.
1.03. DIVORCE DECREE
The parties acknowledge that their marriage is irretrievably
broken and that they will secure a mutual consent no-fault divorce
decree in the above captioned divorce action. Upon the execution
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cf this Agreement, or as soon as possible under the terms of said
Divorce Code if said documents can not be signed upon the execution
of this Agreement, the parties shall execute and file all documents
and papers, including affidavits of consent, necessary to finalize
said divorce. If either party fails or refuses to finalize said
divorce or execute and file the documents necessary to finalize the
divorce, said failure or refusal shall be considered a material
breach of this Agreement and shall entitle the other party at his
or her option to terminate this Agreement.
1.04. EFFECT OF DIVORCE DECREE
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.
1.05. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE
The terms of this Agreement shall be incorporated into any
Divorce Decree which may be entered with respect to them.
1.06. NON-MERGER
This Agreement shall not merge with the Divorce Decree, but
rather, it shall continue to have independent contractual
significance and each party shall maintain their contractual
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remedies as well as court remedies as the result of the aforesaid
incorporation or as otherwise provided by law or statute.
1.07. DATE OF EXECUTION
The "date of execution", "execution date" or "date of this
Agreement" shall be defined as the date of execution by the party
last executing this Agreement.
1.08. DISTRIBUTION DATE
The transfer of property, funds and/or documents provided for
herein shall only take place on the "distribution date" which shall
be defined as the date of execution of this Agreement unless
otherwise specified herein.
1.09. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have
been fully explained to the parties by their respective counsel,
Jeffrey N. Yoffe, Esquire for Husband, and Diane G. Radcliff,
Esquire, for Wife. The parties acknowledge that they have received
independent legal advice from counsel of their selection and that
they fully understand the facts and have been fully informed as to
their legal rights and obligations. They acknowledge and accept
that this Agreement is, under the circumstances, fair and equitable
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and that it is being entered into freely and voluntarily after
having received such advice and with such knowledge, and that
execution of this Agreement is not the result of any duress or
undue influence and that it is not the result of any collusion or
improper or illegal agreement or agreements.
1.10. FINANCIAL DISCLOSURE
The parties confirm that each has relied on the substantial
accuracy of the financial disclosure of the other, as an inducement
to the execution of this Agreement and each party acknowledges that
there has been a full and fair disclosure of the parties' marital
assets and debts and the parties' respective incomes, which has
been provided to each party. The parties further acknowledge that
the financial disclosure has included the disclosure of the marital
assets and debts set forth on the "Marital Distribution Sheet",
attached hereto, marked Exhibit "A" and made a part hereof, and
that it is the parties' intent to distribute those assets 'and debts
in accordance with the distribution set forth therein.
1.11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS
Each party understands that he or she has the right to obtain
from the other party a complete inventory or list of all of the
property that either or both parties own at this time or owned as
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of the date of separation, and that each party has the right to
have all such property valued by means of appraisals or otherwise.
Both parties understand that they have the right to have a court
hold hearings and make decisions on the matters covered by this
Agreement. Both parties understand that a court decision
concerning the parties' respective riahts and obligations might be
different from the provisions of this Agreement.
Each party hereby acknowledges that this Agreement is fair and
equitable, that it adequately provides for his or her needs and is
in his or her best interests, and that the Agreement is not the
result of any fraud, duress, or undue influence exercised by either
party upon the other or by any other person or persons upon either
party.
Given said understanding and acknowledgment, both parties
hereby waive the following procedural rights:
a. Inventory: The right to obtain an inventory of all marital
and separate property as defined by the Pennsylvania Divorce
Code.
b. Income and Expense Statement: The right to obtain an income
and expense statement of the other party as provided by the
Pennsylvania Divorce Code, except in instances where such an
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income and expense statement is hereafter required to be filed
in any child support action or any other Proceedings pursuant
to an order of court.
C. Discoverv: The right to have any discovery as may be
permitted by the Rules of Civil Procedure, except discovery
arising out of a breach of this Agreement, out of any child
support action, or out of any other proceedings in which
discovery is specifically ordered by the court.
d. Determination of Marital and ?von-Marital Prooe'"_ty: The right
to have the court determine which property is marital and
which is non-marital, and equitably distribute between the
parties that property which the court determines to be
marital.
e. Other Rights and Remedies: The right to have the court decide
any other rights, remedies, privileges, or obligations covered
by this Agreement, including, but not limited to, possible
claims for divorce, spousal support, alimony, alimony pendente
lite (temporary alimony), counsel fees, costs and expenses.
1.12. PERSONAL RIGHTS
Husband and Wife may and shall, at all times hereafter, live
separate and apart. They shall be free from any control,
restraint, interference or authority, direct or indirect, by
the
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other in all respects as fully as if they were unmarried. They may
reside at such place or places as they may select. Each may, for
his or her separate use or benefit, conduct, carry on and engage in ¢{
any business, occupation, profession or employment which to him or
her may seem advisable. Husband and Wife shall not molest, harass,
disturb or malign each other or the respective families of each
other nor compel or attempt to compel the other to cohabit or dwell
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by any means or in any manner whatsoever with him or her. I
1.13. MUTUAL RELEASES I;
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Except as other wise expressly provided in this Agreement,
Husband and Wife each do hereby mutually remise, release, quitclaim
and forever discharge the other and the estate of such other, for
all time to come, and for all purposes whatsoever, of and from the A
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following:
a. Claims Against Property or Estate: Any and all right, title,
interest and/or claims in or against the other party, the :.
property (including income and gain from property hereafter
accruing) of the other or against the estate of such other, of
whatever nature and wheresoever situate, which he or she now
has or at any time hereafter may have against such other
party, the estate of such other party or the property of the
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other party or any part thereof, whether arising out of any
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former acts, contracts, engagements or liabilities of such
other.
b. Dower, Curtsey widows Rights: Any and all rights and claims
of dower or curtsey, or claims in the nature of dower or
curtsey 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;
C. Life Time Conveyances: The right to treat a lifetime
conveyance by the other as testamentary, or all other rights
of a surviving spouse to participate in a deceased spouse's
''. estate, whether arising under the laws of (I) the Commonwealth
! of Pennsylvania, (ii) State, Commonwealth or Territory of the
United States, or (iii) any other country;
d. Marital Rights: Any rights which either party may have or at
' any time hereafter have for past, present or future support or
maintenance, alimony, alimony pendente lite, counsel fees,
equitable distribution, costs or expenses, whether arising as
a result of the marital relation or otherwise.
e. Breach Excention: The foregoing shall not apply to all rights
and agreements and obligations of whatsoever nature arising or
which may arise under this Agreement or for the breach of any
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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 all
Property " 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 provisions thereof.
1.14. WAT17VD nn
No modification or waiver of any of the terms hereof shall be
valid unless in writing and signed by both parties and no waiver of
any breach hereof or default hereunder shall be deemed a waiver of
any subsecuent default of the same or similar nature.
1.15. MUTUAL COOPERATION
Each party shall, at any time and from time to time hereafter,
take any and all steps and execute, acknowledge and deliver to the
other party, any and all further instruments and/or document that
the other party may reasonably require for the purpose of giving
full force and effect to the provisions of this Agreement.
1.16. 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.
1.17. INTEGRATION
This Agreement constitutes the entire understanding of the
parties and supersedes any and all prior agreements and
negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
1.18. OTHER DOCUMENTATION
Wife and Husband covenant and agree that they will forthwith
(and within at least twenty (20) days after demand therefor),
execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes, stock certificates, or such other
writings as may be necessary or desirable for the proper
effectuation of this Agreement, and/or as their respective counsel
shall mutually agree, should be so executed in order to carry out
fully and effectively the terms of this Agreement.
1.19. NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless
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and until terminated under and pursuant to the terms of this
Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall in no
way affect the right of such party hereafter to enforce the same,
nor shall the waiver of any subsequent default of the same or
similar nature, nor shall it be construed as a waiver of strict
performance of any other obligations herein.
1.20. BREACH
if for any reason either Husband or Wife fails to perform his
or her obligations owed to or for the benefit of the other party
and/or otherwise breaches the terms of this Agreement, then the
other party shall have the following rights and remedies, all of
which shall be deemed to be cumulative and not in the alternative,
unless said cumulative effect would have an inconsistent result or
would result in a windfall of the other party:
a. Specific Performance: The right to specific performance of
the terms of this Agreement, in which event the non-breaching
party shall be reimbursed for all reasonable attorney's fees
and costs incurred as the result of said breach and in
bringing the action for specific performance.
b. Damages: The right to damages arising out of breach of the
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terms of this Agreement, which damages shall include
reimbursement of all attorney's fees and costs incurred as the
result of the breach and in bringing the damage action.
C. Divorce Code Remedies: The right to all remedies set forth in
Section 3502(e) of the Penns_ilvania Divorce Code, 23 PA.
C.S.A. 3502(e), and any additional rights and remedies that
may hereafter be enacted by virtue of the amendment of said
statute or replacement thereof by any other similar laws.
d. Other Remedies: Anv other remedies provided for in law or in
equity.
1.21. LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws
of the commonwealth of Pennsylvania.
1.22. SEVERABILITY
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 remain valid and continue in full force, effect and
operation. Likewise, the failure of either party to meet his or
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her obligations under this Agreement under any one or more of the
paragraphs hereunder, with the exception of the satisfaction of a
condition precedent, shall in no way avoid or alter the remaining
obligations of the parties.
1.23. HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several paragraphs and
subparagraphs hereof, are inserted solely for convenience of
reference and shall not constitute a part of this Agreement nor
shall they affect its meaning, construction or effect.
1.24. INCOME TAX MATTERS
With respect to income tax matters regarding the parties the
following shall apply:
a. Prior Returns: The parties have heretofore filed joint
federal and state returns. Both parties agree that in the
event any deficiency in federal, state or local income tax is
proposed, or any assessment of any such tax is made against
either of them, each will indemnify and hold harmless the
other from and against any loss or liability for any such tax
deficiency or assessment therewith. Such tax, interest,
penalty or expense shall be paid solely and entirely by the
individual who is finally determined to be the cause of the
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misrepresentations or failure to disclose the nature and
extent of his or her separate income on the aforesaid joint
returns.
b. Current Returns: The parties shall file separate, individual
federal and state income tax returns for the calendar year
2000.
1.25. PRESERVATION OF RECORDS
Each party will keep and preserve for a period of four (4)
years from the date of their divorce all financial records relating
to the marital estate, and each party will allow the other party
access to those records as may be reasonably necessary from time to
time.
1.26. MANNER OF GIVING NOTICE
Any notice required by this Agreement shall be sent to a party
at his or her last known address, or such other address as that
party may from time to time designate.
1.27. EFFECT OF RECONCILIATION
This Agreement shall remain in full force and effect even if
the parties reconcile, cohabit as Husband and Wife or otherwise, or
attempt a reconciliation. This Agreement shall continue in full
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force and effect and there shall be no modification or waiver of
any of the terms hereof unless the parties, in writing, signed by
both Parties, execute a statement declaring this Agreement or any
term of this Agreement to be null and void.
(THIS SPACE INTENTIONALLY LEFT BLANK)
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SECTION II
PROPERTY DISTRIBUTION PROVISIONS
2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY
The parties agree that the division of all property and debts
set forth in this Agreement is equitable and in the event an action
in divorce has been or is hereafter commenced, both parties waive
and relinquish the right to divide and distribute their assets and
debts in any manner not consistent with the terms set forth herein
and further waive and relinquish the right to have the court
equitably divide and distribute their marital assets and debts. rt
is further the intent, understanding and agreement of the parties
that this Agreement is a full, final, complete and equitable
property division.
2.02. AFTER-ACOUIRED PROPERTY
Each of the parties shall hereafter own, and enjoy,
independently of any claim or right of the other, all property,
tangible or intangible, real, personal or mixed, acquired by him or
her, since July 23, 1999, the date of the parties' marital
separation, with full power in him or her to dispose of the same as
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fully and effectively, in all respects and for all purposes, as
though he or she were unmarried and each party hereby waives,
releases, renounces and forever abandons any right, title, interest
and claim in and to said after acquired property of the other party
pursuant to the terms of this Paracraoh.
2.03. WAIVER OF INHERITANCE
Each of the parties hereto does specifically waive, release,
renounce and forever abandon any right, title, interest and claim,
if any, either party may have in and to any inheritance of anv kind
or nature whatsoever previously, or in the future, received by the
other party.
2.04. PERSONAL PROPERTY
Husband and Wife do hereby acknowledge that they have
previously divided their tangible personal property including, but
without limitation, to the following: jewelry, clothes, furniture,
furnishings, rugs, carpets, household equipment and appliances,
tools, pictures, books, works of art and other personal property
("the Personal Property"). Hereafter Wife agrees that all of the
Personal Property in the possession of Husband shall be the sole
and separate property of Husband; and Husband agrees that all of
the Personal Property in the possession of wife shall be the sole
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and separate property of Wife.
The parties do hereby specifically waive, release, renounce
and forever abandon whatever claims, if any, he or she may have
with respect to the Personal Property which shall become the sole
and separate property of the other.
2.05. VEHICLES BOATS AND THE LIKE
With respect to the vehicles, boats, snowmobiles, motorcycles
and the like owned by one or both of the parties, or the trade in
value thereof, identified and values on Exhibit "A", incorporated
by reference hereto, ("the Vehicles") if the Vehicles have been
sold or traded in prior to the date of this Agreement, the parties
agree as follows:
a. wife's Vehicles: 1998 Honda Accord (leased) shall be the sole
and separate property of Wife.
b. Husband's Vehicles: 1998 Honda Accord or the trade in value
thereof used for the purchase of the IROC shall be the sole
and separate property of Husband.
C. Identification: Identification of a Vehicle herein shall
include not only the Vehicle, but also the sale or trade-in
value thereof if it had been sold or traded in prior to the
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date of this Agreement.
d. Transfer of Titles: The titles to the Vehicles shall be
executed by the parties, if appropriate, for effectuating
transfer as herein provided on the date of execution of this
Agreement and said executed titles shall be delivered to the
proper party on the distribution date.
e. Title and Power of Attorney: For purposes of this Paragraph
the term "title" shall be deemed to include "power of
attorney" if the title to the Vehicle is unavailable due to
financing arrangements or otherwise.
f. Liens: In the event any Vehicle is subject to a lien or
encumbrance the party receiving the Vehicle as his or her
property shall take it subject to said lien and/or encumbrance
and shall be solely responsible therefor and said party
further agrees to indemnify, protect and save the other party
harmless from said lien or encumbrance.
g, Waiver: Each of the parties hereto does specifically waive,
release, renounce and forever abandon whatever right, title
and interest they may have in the Vehicles that shall become
the sole and separate property of the other party pursuant to
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the terms of this Paragraph.
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2.06. REAL ESTATE
The parties are the owners of a certain tract of improved real
estate known and numbered as 4440 Sears Run Drive, Mechanicsburg,
PA ("the Real Estate") having an approximate value of $96,000.00
and which is encumbered with two mortgages: (i) a mortgage owed to
GMC having an approximate balance of $87,000.00 and (ii) a home
equity loan with Empire Funding having an approximate balance of
$85,000.00 (collectively "the Mortgages"). With respect to the Real
Estate and the Mortgages the parties agree as follows:
a. Convevance: Husband shall make, execute and deliver all
documents in the usual form conveying, transferring and
granting to Wife all of his right, title and interest in and
to the Real Estate, and Husband agrees that he specifically
waives, releases, renounces and forever abandons all his
right, title and interest therein. The deed of conveyance
therefore shall be executed by Husband at the signing of this
Agreement and delivered to wife on that date.
b. Liens and Encumbrances: The said conveyance shall be subject
to all liens and encumbrances including, but not limited to,
the lien of the Mortgages and further shall be under and
subject to any covenants and restrictions of record. Wife
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shall hereinafter be solelyresconsible for the payment of the
Mortgages and shall indemnify, protect and save Husband
harmless therefrom.
2.07. RETIREMENT AND PENSION PLANS
Each of the parties does specifically waive, release, renounce
and forever abandon all of their right, title, interest or claim,
whatever it may be, in any Pension Plan, Retirement Plan, IRA
Account, Profit Sharing Plan, 901-K Plan, Keogh Plan, Stock Plan,
Tax Deferred Savings Plan, any employee benefit plan and/or other
retirement type plans of the other party, whether acquired through
said party's employment or otherwise, identified and valued on
Exhibit "A", incorporated by reference hereto, ("the Retirement
Plans"). Hereafter the Retirement Plans shall become the sole and
separate property of the party in whose name or through whose
employment said plan or account is held or carried. If either
party withdraws any sums from the Retirement Plans distributed to
him or her pursuant to the terms of this Paragraph, that party
shall be solely liable for any and all taxes and penalties
resulting from that withdrawal.
2.08. BANK ACCOUNTS/STOCK/LIFE INSURANCE
The parties acknowledge and agree that they have previously
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divided to their mutual satisfaction all of their bank accounts,
certificates of deposit, bonds, shares of stock, investment plans
and life insurance cash value, identified and valued on Exhibit
"A", incorporated by reference hereto, ("the Accounts"). Hereafter
wife agrees that all the Accounts held in the name of Husband shall
become the sole and separate property of Husband; and Husband
agrees that all the Accounts held in the name of Wife shall become
the sole and separate property of Wife. Each of the parties does
specifically waive, release, renounce and forever abandon whatever
right, title, interest or claim, he or she may have in the Accounts
that are to become the sole and separate property of the other
pursuant to the terms hereof.
2.09. TAX PROVISIONS
The parties believe and agree that the division of
property made to be made pursuant to the terms of this
Agreement is a non-taxable division of property between co-
owners rather than a taxable sale or exchange of such
property. Each party promises not to take any position with
respect to the adjusted basis of the property assigned to him
or her or with respect to any other issue which is
inconsistent with the terms of this paragraph on his or her
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applicable federal or state income tax returns.
2.10. WIFE'S DEBTS
Wife represents and warrants to Husband that since the
parties' marital separation she has not contracted or incurred any
debt or liability for which Husband or his estate might be
responsible. 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 harmless
from any and all claims or demands made against him by reason of
debts or obligations incurred by her.
2.11. HUSBAND'S DEBTS
Husband represents and warrants to Wife that since the
parties' marital separation he has not contracted or incurred any
debt or liability for which Wife or her estate might be
responsible. Husband further represents and warrants to wife that
he will not contract or incur any debt or liability after the
execution of this Agreement for which Wife 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.
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2.12. MARITAL DEBT
During the course of the marriage, Husband and Wife have
incurred certain bills and obligations and have amassed a variety
of debts, identified and valued on Exhibit "A", incorporated by
reference hereto ("the Marital Debts"), and it is hereby agreed,
without ascertaining for what purpose and to whose use each of the
Marital Debts were incurred, the parties agree as follows:
a. Wife's Debts: Wife shall be solely responsible for the
following bills and debts:
1. Any vehicle loan for Wife's Vehicles as required and set
forth in Paragraph 2.05 herein.
2. The Mortgages as set forth in Paragraph 2.06 herein;
3. Any and all taxes resulting from the sale of the Real
Estate to be transferred to Wife as set forth in
Paragraph 2.06 herein;
?. Any and all taxes resulting from her withdrawal of funds
from her Retirement Plans set forth in Paragraph 2.07
herein;
5. Any and all other debts, liabilities, obligations, loans,
credit card accounts, and the like incurred in Wife's
sole name, and not otherwise provided for herein.
-26-
b. Husband's Debts: Husband shall be solely responsible for the
following bills and debts:
1. Any vehicle loan for Husband's Vehicles as required and
set forth in Paragraph 2.05 herein.
2. Any and all taxes resulting from his withdrawal of funds
from his Retirement Plans set forth in Paragraph 2.07
herein;
3. Any and all other debts, liabilities, obligations, loans,
credit card accounts, and the like incurred in Husband's
sole name and not otherwise provided for herein.
C. Indemnification: Each party agrees to hold the other harmless
from any and all liability which may arise from the aforesaid
bills which pursuant to the terms herein are not the
responsibility of the other party.
d. Cancellation of Joint Debts: Any joint debt shall be canceled
so that neither party can make any further charges thereunder,
and if said charges are made in violation of this Agreement,
then the party incurring said charge shall immediately repay
the same.
e. Non-Disclosed Liability: Any liability not disclosed in this
Agreement shall be the sole responsibility of the party who
-27-
has incurred or may hereafter incur it, and the party
incurring or having incurred said debt shall pay it as it
becomes due and payable.
f. No Further Joint Debt: From the date of this Agreement, each
party shall only use those credit card accounts or incur such
further obligations for which that party is individually and
solely liable and the parties shall cooperate in closing any
remaining accounts which provide for joint liability.
2.13. INDEMNIFICATION
Any party assuming an obligation pursuant to the terms of this
Agreement shall indemnify, protect and hold the other party
harmless from and against all any and all liability thereunder,
including, but not limited to, any attorney's fees and costs
incurred by the other party as the result of defending against the
obligation and/or enforcing the provisions of this indemnification.
(THIS SPACE INTENTIONALLY LEFT BLANK)
-28-
SECTION III
ALIMONY, SPOUSAL SUPPORT, CHILD
CUSTODY, CHILD SUPPORT, HEALTH
INSURANCE, EDUCATIONAL EXPENSES AND
INCOME TAX PROVISIONS
3.01. WAIVER OF COUNSEL FEES
The parties hereto agree and do hereby waive any right and/or
claim they may have, both now and in the future, against the other
for counsel fees, costs and expenses.
3.02. ALIMONY AND SUPPORT
The parties hereto agree and do hereby waive any right and/or
claim they may have, both now and in the future, F•.gainst the other
for alimony, alimony pendente lite, spousal support and
maintenance.
(THIS SPACE INTENTIONALLY LEFT BLANK)
29-
SECTION IV
CLOSING PROVISIONS AND EXECUTION
BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING
READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY
THAT THE PROVISIONS OF THIS AGREEMENT SHALL
BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY
THE COURT AFTER A FULL HEARING.
IN WITNESS WHEREOF, the parties hereto, intending to be
legally bound hereby, have signed sealed and acknowledged this
Agreement in five (5) counterparts, each of which shall constitute
and original.
WITNESS:
I (SEAL)
KE LY FINNEY
Date: U-Z7- U
. ii
(SEAL)
DARRYL -C. FINNEY
Date:
-30-
COMMONWEALTH OF PENNSYLVANIA .
. SS.
COUNTY OF CUMBERLAND
On this the ,, r of lzaALl--j 2000, before me
the undersigned officer, personally appeared, KELLY R. FINNEY,
known to me (or satisfactorily proven) to be the person whose name
is subscribed to the within Agreement, and acknowledged that SHE
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and notarial seal.
_-NQTARL PUBLIC
ky-Commi ion Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Seel
DNotary Public
hedend County
' ires Jan. 11.2004
SS. wnd NOWW
On this the 5A day of JL/Ax , 2000, before me
d officer, personally appeared, DARRYL K. FINNEY,
the undersigne
known to me (or satisfactorily proven) to be the person whose name
is subscribed to the within Agreement, and acknowledged that HE
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial
seal.
/
OTAR PUBLIC
My Commission Expires:
NOTARIAL SEAL
>JEFFREY N. YOFFE, Notary Publlo
- 31 - Camp Hill Boro, Cumbadand County
M Commission Ex Iros Oct 29.20h
EXHIBIT "A"
MARITAL DISTRIBUTION SHEET
ITEM DESCRIPTION OF PROPERTY OR VALUE VALUE TO VALUE TO WIFE
NO. LIABILITY HUSBAND
n'1'?.?` iREAL'ESTATE'
a 4440 Sears Run Drive 96
000
00 0
Mechanicsburg, PA ,
. 96,000.0
b GMAC mortgage on Sears Run
D (87,000.00) (87
000
00)
r. ,
.
c Empire Funding Home Equity (25
000
00)
Loan on Sears Run Dr. ,
. (25,000.00)
d Estimated Sales Costs for (7
680
00)
Sears Run Drive @8% ,
. (7,680.00)
e subtotal of a -d above (23,680.00)
(23,680 00)
+12'`Y 'MOTOR+UEHICLES S s- `
a Wife's leased 1998 Honda 0
00 `
Accord . entire 0
value
b Husband's 1988 Honda Accord Unknown Entire value
(traded in on IROC at
separation) (trade in value)
.'/SJ
3;<
' YJ M1f
STOCKS SECURITIES +
?
''
1
f
?'!
..C .f. . .!
h/S /. ?..?t ..:. / ... ... 'i 'c., s .? -fit x :.? i .: p
.,. ?
}1?l1^{'1;
a Wife's Adelphia Stock 100 2
525
00
shares @25.25 per share ,
. 2,525.00
Pagc 32
:-
L;:24A
ITEM DESCRIPTION OF PROPERTY OR VALUE VALUE TO VALUE TO WIFE
NO. LIABILITY HUSBAND
'?;?4"`?'
r??y? sCHECKING AND tSAVINGS ? ` ,r ?+ ?
,
,
a Joint Financial Trust 1,200.00 1,200.00
Checking Account (used by
husband since separation)
b Joint Financial Trust 900.00 900.00
Savings Account
?{? r LA
S
AND IRA
u '
?
5 RETIREMENT P
;
N
i
t
'
s ( g Y.
S a ?
iro
?4s
vl v , > ) x - , y r r
_
{, r
,?
,
'
MR,
f?1%t4.T
a Wife's Adelphia 401K Plan 1,000.00 1,000.00
ANN, v
3q,
? ;r' tra arrz i ?, s , !
HOUSEHOLD?GOODS
AND' -
d ,s
?
' Y'om'
g
? '
?
` ,
C c
a 1
,
1
Ct
'
"
? ?FURNISHINGS>
w
' ` f
' `
k
'
rJ
iklt
.?
,
i5?, , .:o _.: ?. ..,
i1Ot. 1 CS Aw','.3. rn .,.,
. xi„3. az ., r. ... ...»»
f < ,. „+ ..,
,,:
... .3.. ... ,.?.
?
<i
,.
a TO BE DETERMINED
r r
}1 ',c
*
, curwao- „y>i ,lac su , , ,»: ,} '
,
o s : + 'l t
o z ,+. , 1 r ..
.,rt , t?r!%
ns ?
,
1
e
417
, TOTAL
(h
?
1 ?C'f .
"
'f
^ f
`
.,as
.
r
.:ss?r..ti>..•v..t n_,...,
x, .
:. d
t5
i
s
,
(18,055.00) 2,100.00 (43,835.00)
Page B
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KELLY R. FINNEY,
Plaintiff
V. NO. 9! - ?IoZ?? Ltvi ?ZH7
DARRYL K. FINNEY, CIVIL ACTION - LAW
Defendant DIVORCE
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 f ail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counseling. A
list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Courthouse, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
DIANE G. R %DCLIH
3448'rRINDLE ROAD
C.Wm HILL. PA 17011
(7n) 737.0100
?Cl
i
DIANE G. RAI)CLIFF
3448 TRINDLG ROAD
CAMP HILL. PA 17011
(717) 737-01(K)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KELLY R. FINNEY,
Plaintiff
NO. 99.7 ?/ Ter.-
v. k
- K
DARRYL K. FINNEY, CIVIL ACTION LAW
DIVORCE
Defendant
M
AND NOW, this 3" day of December, 1999, comes the Plaintiff,
KELLY R. FINNEY, by her attorney, DIANE G. RADCLIFF, ESQUIRE, and
files this Complaint in Divorce of which the following is a
statement:
COUNT T• DIVORCE
1. The Plaintiff is KELLY R. FINNEY, an adult individual whose
address is 42 Dogwood Lane, Dillsburg, PA 17019.
2. The Defendant is DARRYL K. FINNEY, an adult individual whose
address is the parties, jointly owned marital home located at
4440 Sears Run Drive, Mechanicsburg, PA 17055.
3. Plaintiff and Defendant have been bona fide residents of the
Commonwealth for at least six (6) months previous to the
filing of this Complaint.
4. Plaintiff and Defendant were married on June 2, 1996 at
Franklintown, York County, Pennsylvania and physically
separated on or about July 23, 1999.
5. There have been no prior acticns of divorce or annulment
between the parties.
6. Plaintiff has been advised of the availability of counseling
_1) -
,
MANI: O. RADCLIPP
3.148 TRINDLB ROAD
CAMP HILL, IIA 17011
(717) 737-01M
and the right to request that the Court require the parties to
participate in counseling and does not desire to enter into
such counseling.
7. Neither the Plaintiff nor the Defendant is not a member of the
Armed Services of the United States or any of its Allies.
8. The Plaintiff avers that the grounds on which the action is
based are:
a. That the marriage is irretrievably broken;
Or in the alternative,
b. That the parties are now laving separate and apart, and
at the appropriate time, Plaintiff will submit an
Affidavit alleging that the parties have lived separate
and apart for at least two (2) years and that the
marriage is irretrievably broken.
Or in the alternative,
c. That Defendant has offered such indignities to the person
of the Plaintiff, the innocent and injured spouse, as to
render her condition intolerable and life burdensome, and
that this action is not collusive.
WHEREFORE, Plaintiff requests this Honorable Court to enter a
decree in divorce, divorcing the Plaintiff and Defendant.
CO nsr 'T- EQUITABLE DISTRIBUTTON
9. Paragraphs 1 through 8 are incorporated by reference hereto as
fully as though the same were set forth at length.
L0. Plaintiff and Defendant have acquired property and debts, both
real and personal, during their marriage from June 2, 1996
-3-
i?
I
until July 23, 1999, the date of separation, all of which are
"marital property" or "marital debts".
11. Plaintiff and/or Defendant have acquired, prior to the
marriage or subsequent thereto, "non-marital property" which
has increased in value since the date of marriage and/or
subsequent to its acquisition during the marriage, which
increase in value is "marital property".
12. Plaintiff and Defendant have been unable to agree as to an
equitable division of said property and debts as of the date
of the filing of this Complaint.
WHEREFORE, Plaintiff requests this Honorable Court to
equitably divide all marital property and debts of the parties.
Respectfully submitted,
.? , ESQUIR
3 48 Trin a Road
C< ill PA 17011
Sunreme Court ID # 32112
Phone: (717) 737-0100
Fax: (717) 975-0697
DIANE G. RADCLIFI
3448 TRINDLI! RDAC
CAMP HILL. PA 170
(717) 7374)I(K)
'4'
VERIFICATION
KELLY R. FINNEY verifies that the statements made in this
Complaint are true and correct. KELLY R. FINNEY understands that
false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904, relating to unsworn falsification to
authorities.
*-Y R INNE-1
DIANE G. RADCLUm
3.118 TRINDLE ROAD
CAMP HILL. PA 17011
(717) 737.0101
-5-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KELLY R. FINNEY,
Plaintiff NO. 99-7281 CIVIL TERM
V. CIVIL ACTION - LAW
IN DIVORCE
DARRYL K. FINNEY,
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce
Code was filed on December 3, 1999 and served on the Defendant
on December 15, 1999 by Certified Mail, Restricted Delivery.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of
filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce after
service of notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Dated: (P
LLY FINNEY
CT. DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737-0100
ve= j
. ?
(?r 1?
1
i:1?- ;h Y
?•rn
l' • .J I17
UU,
U O
O -,
U
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
R. FINNEY,
Plaintiff NO. 99-7281 CIVIL TERM
V. CIVIL ACTION - LAW
IN DIVORCE
K. FINNEY,
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce
Code was filed on December 3, 1999 and served on the Defendant
on December 15, 1999 by Certified Mail, Restricted Delivery.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of
filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce after
service of notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
DKF bi
Dated: 715100 3/q
DARRYL K. FINNE7G
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL. PA 17011
(717) 737-0100
1- -,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KELLY R. FINNEY,
Plaintiff NO. 99-7281 CIVIL TERM
V. CIVIL ACTION - LAW
IN DIVORCE
DARRYL K. FINNEY,
Defendant
1. I consent to the entry of a final decree in divorce without
notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyers 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 made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
(n-WCO 2
XILLY FINNEY
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL. PA 17011
(717) 737.0100
n =
1
W? N
fTl `.:
Cl:.. 07
I .?G7
-1 .111 f
U_ Gl -?
V c? C)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
R. FINNEY,
Plaintiff NO. 99-7281 CIVIL TERM
V. CIVIL ACTION.- LAW
IN DIVORCE
K. FINNEY,
Defendant
1. I consent to the entry of a final decree in divorce without
notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not
claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the decree
will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Waiver 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.
d-H by
stiy ? ?
Dated:
12RR-Y? K. ^INNE
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL. PA 17011
(717) 737-0100
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
KELLY R. FINNEYPlaintiff
V. No. 99-7281 CIVIL TERM
DARRYL K. FINNEY Civil Action - Law
Defendant In Divorce
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the Complaint
in Divorce has been served upon the Defendant, Darryl K. Finney, by
Certified Mail, Restricted Delivery on December 15, 1999. The
return receipt is attached hereto as Exhibit "A" and made a part
hereof.
t`? Witted,
Respectful
rind a xoaa
Camp Hill PA 17011
P o 17) 737-0100
Fax: (717) 975-0695
Supreme Court ID # 32112
Attorney for Plaintiff
DIANE G. RADCLIFF
3448 TRINDLE ROA1
CAMP HILL, PA 1701
(7171737.0100
m SENDER:
a . Complete items t andlor 2 for additional services.
io • Complete Items 3,48, and 41b.
H . Print your name and address on the reverse of this lone m that we can return this
card to you.
• Attach this tort, to the front of the mallpioce. or on the back if space does not
` M-1. u.
'Return RM,fat Requested' on the mallpiem below, the eNdo number.
• The Return Rocoipl will show to whom the anido was delivered and the data
delivered.
0 3. Article Atldressed lo: 4gicle
' na
41b. Service
i
I also wish to receive the
following services (for an
extra fee): 9
1. ? Addressee's Address Z .
2? Restricted Delivery
(.,onsul t postmaster for fee. n
mbar v .
Y.
v_
c n ? Registered
NZ/40 ?? ?LX/l ? ? Express M' ? Return Recei
7. Date of Deli
G/-7 OSS"
5. eceived By: (Print Name U. Addressee':
( ' and fee is p
6. Signature: ddressee or Agent) ?-37 5
X
? T
15
H PS Form 3911, ecember 1994 toue5-9e-eaz2e Domestic Return He p
EXHIBIT "Arr
RETURN RECEIPT
I.
DIANE G. RADCLIFF
3448 TRINDLE ROAC
CAMP HILL, PA 1701
(717)737.0100
2-
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3
lifie
ured
D
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,leed? y '
cei t
SOCIAL SECURITY INFORMATION SHEET
PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1() (3) ALL DIVORCES MUST
INCLUDE THE PARTIES SOCIAL SECURITY NUMBERS.
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE
PROTHONOTARY'S OFFICE.
DATE JULY 25, 2000
DOCKET NUMBER 99-7281
PLAINTIFF' S NAME KELLY REBECCA FINNEY
PLAINTIFF' S SS # 181-62-0515
DEFENDANT' S NAME DARRYL KEVIN FINNEY
DEFENDANT' S SS# 210-48-4448