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HomeMy WebLinkAbout07-3197 Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717)232-7200 (FAX) (717) 232-0255 cabrunt[aaCPBru ntLaw.com Attorney for Plaintiff WENDY J. SHUEY, Plaintiff vs. ROBERT L. SHUEY, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . N O. O')' - .~I q`r 1. ~ u i ~, ~'E%L~-Yl CIVIL ACTION -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 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 Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717)232-7200 FAX (717) 232-0255 cpbrunt~CPBruntLaw.com Attorney for Plaintiff WENDY J. SHUEY, Plaintiff v. ROBERT L. SHUEY, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. O'ff' - 3197 ~l u~~C.~ IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, WENDY J. SHUEY, by and through her attorney, CONSTANCE P. BRUNT, ESQUIRE, and seeks to obtain a Decree in Divorce from the above-named Defendant, ROBERT L. SHUEY, JR., upon the grounds hereinafter set forth. 1. Plaintiff is WENDY J. SHUEY, an adult individual who currently resides at 24 McGillstown Road, Annville, Lebanon County, Pennsylvania 17003. 2. Defendant is ROBERT L. SHUEY, JR., an adult individual who currently resides at 1421 Timber Brook Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 23, 1999, in Enola, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States or any of its allies. 8. The Plaintiff has been advised of the availability of marriage counseling and understands that she may request that the Court require the parties to participate in counseling. 9. The Plaintiff avers that the grounds on which the action is based are that the marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a Decree in Divorce. 2 WHEREFORE, Plaintiff prays that your Honorable Court enter a Decree in Divorce dissolving the marriage between the parties. Respectfully submitted, ,~ ,' , ,~ DATE: S~ft/ ~ ~'~ ! - , CONSTANCE P. BRUNT, ESQUIRE Supreme Court I.D. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt _CPBruntLaw.com Attorney for Plaintiff 3 VERIFICATION I verify that the statements made in the foregoing Complaint In Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. DATED: ~~/~~~ l C WENDY J. S UEY, Plaintiff 1'~ ~.. ( _ _ V W ,v ~5.. .c_ ..: G? : °'', ~; N C~ d;3 Y7* ~"C ~~yr ..i .~• +1+~ '~'1 TJ~ ~~ ~1 C:J ~ ~./ Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (71 t) 232-7200 FAX (717) 232-0255 cpbrunt(~CPBruntLaw. com Attorney for Plaintiff WENDY J. SHUEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : v. ROBERT L. SHUEY, JR., CIVIL ACTION -LAW NO. 07-3197 CIVIL TERM Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, ROBERT L. SHUEY, JR., accept service of a copy of the Complaint In Divorce filed in the above-captioned matter. ~~~ ~-~r . ROBERT L. SHUEY, JR., Defendant Sworn and subscribed before me this J/s'~`~ day of ~r~ 2007. ~ ' ~~/ ~~ Notary Public COMMONWEALTH OF PENNSYLV Notarial Seal Constance P. Brunt, Not~ah Public INy~Comm~issin on ~ esuOct~20 2009 ~ ~ ~ ~_'" r-s ! f"i`~ ~,. ~" . ! .~?~ , ~' ` ~ ~~ ~ ~ r Constance P. Brunt, F~quire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717)232-7200 cpbrurrt~cpbruntlaw.com WENDY J. SHUEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . ~, :CIVIL ACTION -LAW N0.07-3197 CIVIL TERM ROBERT L. SHUEY, JR., Defendant IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this may of /, , 2007, by and between WENDY J. SHUEY, now of Annville, Lebanon County, ennsylvania, hereinafter referred to as "Wife", -AND- ROBERT L. SHUEY, JR., now of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Husband", WITNESSETH: WHEREAS, Husband and Wfe were lawfully married on October 23, 1999, in Enola, Pennsylvania; and WHEREAS, diverse unhappy marital difficulties have arisen between the parties, causing them to believe that their marriage is irretrievably broken, as a result of which the parties intend to live separate and apart from one another hereafter, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; 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 of real and personal property; the settling of all matters between them relating to the past, present, or future support 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 estate, particularly those responsibilities and rights growing out of the marriage relationship; and -2- WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his/her selection; that Wife has been independently represented by counsel, CONSTANCE P. BRUNT, ESQUIRE, and that Husband, cognizant of his right to legal representation, declares that it is his express, voluntary, and knowing intention not to avail himself of his right to counsel and chooses instead to represent himself with respect to the preparation and execution of this Agreement. The parties acknowledge that they fully understand the facts and they acknowledge and accept that this Agreement, is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, 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 improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he/she has either been fully advised by his/her respective attorney or has voluntarily waived his/her right to receive legal advice of the impact of the Pennsylvania Divorce Code, whereby the Court has the power and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente life, equitable distribution of all marital property owned or possessed individually by either, counsel fees and costs of litigation. Nonetheless, each party hereto still desires to execute this agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties and waives his and her respective right to have the Court Of Common Pleas of Cumberland County or any other court of competent jurisdiction make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente life, equitable distribution of all marital property, counsel fees and costs of litigation. NOW, THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: -3- 1. SEPARATION. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside, from time to time, at such place or places as they shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him/her by any legal or other proceedings. 2. SUBSEQUENT DIVORCE. The parties hereby agree that Wife will promptly file a Complaint in Divorce in The Court Of Common Pleas of Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under the no-fault, mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code as soon as practicable. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. Neither party to such action shall seek alimony, alimony ~endente life, or support or maintenance of any nature contrary to the provisions of this Agreement. It is further specifically understood and agreed by the parties that the provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. -4- Notwithstanding the provisions of the Pennsylvania Divorce Code or of any law to the contrary, none of the terms and provisions of this Agreement shall be subject to modification by the Court or in any fashion other than as set forth hereinafter. It is specifically agreed, however, that this Agreement shall be subject to enforcement under the provisions of the Pennsylvania Divorce Code or, at the option at the aggrieved party, by a suit against the alleged breaching party either in law or in equity. 3. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. DEBTS AND OBLIGATIONS. Husband represents and warrants to Wife that he has not, and in the future he will not, contract or incur any debt or liability for which Wfe or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation. Wife represents and warrants to Husband that 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 she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation. Except as otherwise specifically set forth herein, each party shall be solely responsible for any debts or liabilities incurred in his/her individual name at any time, and shall indemnify and save the other party harmless from any and all claims or demands made against him/her by reason of such debts or obligations. 5. MUTUAL RELEASES. Husband and Wife do hereby mutually remise, -5- release, quit-claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he/she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary; or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country; or any rights which either party may now have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente life, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. 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 ail property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. 6. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances and other household personal property between them. Each party shall retain as his/her sole and separate property all such items now in his/her respective possession, free from any claim by the other party. Should it become necessary, the parties each agree to sign upon request any titles or documents necessary to give effect to this paragraph. -6- 7. MARITAL RESIDENCE. The parties acknowledge that they are the joint owners of a residence situate at 1421 Timber Brook Drive, Mechanicsburg, Cumberland County, Pennsylvania, which is encumbered by a mortgage held by Chase Home Finance. The parties acknowledge that Husband is currently residing alone in the said property and agree that he shall be solely responsible for all expenses incident to the use and ownership of the said marital home, including, without limitation, any and all mortgage payments, taxes, premiums for liability and fire insurance, utilities, sewer, water, refuse collections, assessments, proper maintenance, repairs, additions and improvements. Husband covenants and agrees to indemnify and hold Wfe harmless from any such liabilities, obligations or expenses or any claims or demands as a result thereof. Provided that Husband succeeds in obtaining financing as set forth below, he shall retain the said marital residence as his sole and separate property. Husband shall immediately following the date of execution of this Agreement complete his pending refinance with Commonwealth Funding Group, Inc., for payoff of the existing Chase Home Finance mortgage and any other outstanding liens against the said marital residence so as to obtain a full and complete release of Wife from any liability thereon. Upon settlement of the said refinancing, Husband shall also pay to Wife a property settlement payment in the amount of $28,000.00, which shall thereafter remain Wife's sole and separate property. Upon receipt of such payment and the completion of said refinancing, Wife will transfer to Husband all of her right, title and interest in and to the said marital residence, which shall thereafter be Husband's sole and separate property. At that time, Wfe shall execute, acknowledge and deliver for recording a deed for the transfer of said residence to Husband solely and absolutely, which deed shall be prepared by Husband or by someone on his behalf at his cost. Husband shall assume sole responsibility for any recording fees, costs or expenses incident to the aforesaid refinancing or transfer of the marital home to Husband by ~fe. In the event that Husband fails to make payment to Wife and to refinance or otherwise satisfy the existing mortgage and any liens against the marital home as set forth -7- above within a period of 90 days from the date of execution of this Agreement, the said marital home shall immediately be listed for sale with a broker licensed in the Commonwealth of Pennsylvania at the broker's recommended listing price and sold as soon as practicable thereafter upon reasonable terms and conditions. In that event, both parties will cooperate diligently to list and sell the property as soon as possible. Upon such sale, the net proceeds following payment of all expenses of sale and outstanding liens shall be distributed by payment of the sum of $28,000.00 to Wife and the balance of such proceeds to Husband. 8. DISTRIBUTION OF CASH ASSETS. Except as set forth herein, each party shall retain as his/her sole and separate property, free and clear from any claim, right, title or interest on the part of the other, any bank or depository account or cash assets of any nature, now in his/her respective individual name. 9. VEHICLES. The parties shall each retain possession and ownership of the vehicle now in his/her possession, free and clear of any claim, right, title or interest in said vehicle on the part of the other party. 10. LIFE INSURANCE. The parties shall each retain as his/her separate property any policies of life insurance of which he/she is now the owner. 11. DISTRIBUTION OF RETIREMENT ASSETS AND ACCOUNTS. The parties shall each retain as their sole and separate property any pensions, 401(k) accounts, Individual Retirement Accounts, employee stock ownership accounts, deferred compensation accounts or other qualified or non-qualified plans or retirement accounts of any nature in his/her respective name. Each party waives any interest in any such plans or accounts now held or hereafter acquired by the other. Contemporaneously with the execution of this Agreement or promptly upon subsequent request, the parties shall execute any additional waivers or other documents that may be required by the other -8- ~ ~ party's plan administrators to effectuate the provisions of this paragraph and to waive any claims he/she may now or hereafter have in the other party's said retirement assets. 12. MEDICAL INSURANCE FOR HUSBAND. Wife shall continue to provide medical insurance coverage for Husband until such time as a final Decree In Divorce has been entered. Notwithstanding the foregoing, in the event that Husband fails to execute and deliver to Wife's counsel all necessary documents in order to permit the entry of a final Decree In Divorce within ten (10) days of request by Wife's counsel, Husband's medical insurance coverage will be canceled, and Wife will have no further responsibility for providing medical insurance for Husband's benefit. Although Wife will be providing medical insurance for Husband's benefit as set forth herein, each party will be responsible for any uninsured medical expenses incurred on his/her own behalf at any time prior or subsequent to the execution of this Agreement, including without limitation all co-pays, co- insurance amounts payable, and prescription costs. 13. TAXES. By this Agreement, the parties have intended to effectuate and by this Agreement have equally divided their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, 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. As a part of the equal division of the marital property and the marital settlement herein contained, the parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or income from any -9- ~~ other source. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. The parties acknowledge that they have filed a joint tax return for 2006 and that they agree to equally divide any applicable refund or additional tax liability as may result. 14. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents as may be reasonably required to give full force and effect to the provisions of this Agreement. 15. 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 the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 16. ENTIRE AGREEMENT. This Agreement contains the entire, complete and exclusive understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 17. 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. 18. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be -10- '~ 4~ ~ deemed to be a separate and independent agreement. 19. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his/her election, to sue for damages for such breach or to seek such other remedies or relief as may be available to him/her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing his/her rights under this Agreement, or in seeking such other remedies or relief as may be available to him/her, regardless of whether the issues relating to the breach are resolved by settlement or by determination of the court. In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his/her counsel of his/her intent to take action to enforce his/her rights under the Agreement and to remedy such breach. The breaching party shall have a period of 15 days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 20. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 21. 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. 22. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. -11- y ~- w COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . ss. On this ~~~- day of ~~ , 2007, before me, the undersigned officer, personally appeared WENDY J. SHUEY, 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. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Constance P. &unt, Notppary Public MyissionTE~xp~iresuOct.20C 20 9 '' ,Oi~ ''t Notary Public ******** COMMONWEALTH OF PENNSYLVANIA COUNTY OF . ss. On this ~~~~--~ day of , 2007, before me, the undersigned officer, personally appeared ROBERT L. SHUEY, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and ack- nowledged that he executed the same for the purposes therein contained. coIVnVIONWEALTII of PENNSYLVANIA Notary P u b l i c Notarial seal Constance P. Brunt, Notary Public Susquehanna Twp., Dauphin County My Commisspn Expires Oct. 20, 2009 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: ~~, ~ ~/a-~G•___ WENDY J. HUEY (SEA ) ROBERT L. SHUEY, JR. -12- ~ r~ "~1#~ ~' ~ V~ ~ '', ' t7 ~ J t"'~ L.'...~~y ~ ~ ~3 ~~ W "'G. ~ ~ ~ ~.. Constance P. Brunt, F~quire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717)232-7200 FAX (717) 232-0255 cpbrunt~lCPBruntLaw.com Attorney for Plaintiff WENDY J. SHUEY, Plaintiff v. ROBERT L. SHUEY, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-3197 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 29, 2007. 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. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: ~ l30 l acx~n WENDY . SHUEY, aintiff ~~ ~ _~ -~ .~,. i •..i C:~' "TA' Cam? ~. Constance P. Brunt, F~quire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717)232-7200 FAX (717) 232-0255 cpbrunt~lCPBruntLaw.com Attorney for Plaintiff WENDY J. SHUEY, Plaintiff v. ROBERT L. SHUEY, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-3197 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) AND §3301(D~ OF THE DIVORCE CODE 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. 1 I verify that the statements made in this Waiver of Notice are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: ~ ~~~~a~~~ u `~ U . WENDY J. HUEY, Plaintiff -2- ~~ "~7 ~.._. ~~ y -J ~ -p ~~,-, " Ca ~ , F -< Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbrunt~lCPBruntLaw.com Attorney for Plaintiff WENDY J. SHUEY, Plaintiff v. ROBERT L. SHUEY, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-3197 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 29, 2007. 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. f ~` i 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. §4904 relating to unsworn falsification to authorities. DATE. ROBE T L. SHUEY R., Defendant .~.a t!~ 1 ~y ...3 ..~.; ~~ ~~ ~~ ~ ~ ~'` w --~ ~ ~ Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbruntlDCPBruntLaw.com Attorney for Plaintiff WENDY J. SHUEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION -LAW v. . NO. 07-3197 CIVIL TERM ROBERT L. SHUEY, JR., Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(Cl AND ~3301(Dy OF THE DIVORCE CODE 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. ti I verify that the statements made in this Waiver of Notice are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ~ ~ ~ - ~~- j DATE: ROBERT L. SHUEY, JR., Defendant -2- ~ _ ~~~~ t _.,,i ~ ~_: "~3 " .F Constance P, Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (71 T) 232-7200 FAX (717) 232-0255 cpbrunt(~CPBruntLaw.com Attorney for Plaintiff WENDY J. SHUEY, v. Plaintiff ROBERT L. SHUEY, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-3197 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: May 31, 2007 by personal service. See Acceptance of Service filed on June 4, 2007. t r 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 Plaintiff on August 30, 2007; by Defendant on September 5, 2007. (b)(1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A; (2) Date of filing and service of the Plaintiffs Affidavit upon the Defendant: N/A. 4. Related claims pending: None. 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: N/A. (b) Date Plaintiffs Waiver Of Notice was filed with the Prothonotary: September 7, 2007. Date Defendant's Waiver Of Notice was filed with the Prothonotary: September 7, 2007. Respectfully submitted, DATE: ~~1~/0~ CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt _CPBruntLaw.com Attorney for Plaintiff "'~ :~"~ ~~~ J -~C ~ , ~ - , ~ ~ "~ t~ +G'~ .~" I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ~., ~,= 3~~i7 N O . o~ - ~. c~va, art VERSUS r L. ~]E'Y, JR. , DECREE IN DIVORCE AND NOW, ~ < ,i~V~~ IT IS ORDERED AND DECREED THAT WIIVDY J. SHUF'Y PLAINTIFF, AND I~Kr L. S'HL1EY~ JR. ,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; PROTHONOTARY ~~. 3 ~~y~ ~o C ~ ~6 ~ ~ e ~, . . Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglsstown Road Harrisburg, PA 17110 (717)232-7200 FAX (717) 232-0255 gpbrun PBruntLaw.com Attorney for Plaintiff WENDY J. SHUEY, v. Plaintiff ROBERT L. SHUEY, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENtNSYLVANIA CIVIL ACTION -LAW NO. 07-3197 CIVIL TERM IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, WENDY J. SHUEY, having been granted a Final Decree in divorce from the bonds of matrimony on September 11, 2007, hereby elects to resume the prior surname of WENDY J. QUEEN, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. § 704. WENDY J. SHUEY To Be Known As: WENDY J. QUEEN WENDY J. QUEEN w CONMAONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On the~~~ day of ~+-~~ , 2007, before me, a Notary Public, personally appeared WENDY J. QUEEN, 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 my hand and Notarial Seal. Notary Public ONWEA ~F pBNNSYLV NL4 P&trrtt ~ p~ ~T~W ~20, 2009 ~ ~ "~. ...,, '~~ i t"F"'i j_.y. • ~ ' -~~ O ~ -~ t; ~ T w~~~ ~ 010 ~ '~ ~ .., " ~ ' y C~ ~ 6 ' ~ ~, two ~ ~~` ' a ~ r ~ ,~ ~. .~.