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HomeMy WebLinkAbout07-6116 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street Harrisburg, PA 7102 Telephone No. (717) 232-9724 Attorney for Plaiitiff, Emily Elizabeth McCready: EMILY ELIZABETH McCREADY, Plaintiff VS. ROBERT DAVID McCREADY, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007 - to I I to Civil Term CIVIL ACTION - LAW 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 cause may proceed without you and a decree of divorce or annulment may be entered against you by 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 ;round 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, Cumberland County Courthouse, Carlisle, Cumberland County, 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, (i0 TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 1-800-990-9108 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street Harrisburg, PA 1.7102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Emily Elizabeth McCready: EMILY ELIZABETH McCREADY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. ROBERT DAVID McCREADY, JR., Defendant No. 2007 - 6 //G Civil Term CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Emily Elizabeth McCready, an adult individual whose current address is 61 R Autumn Lane, Enola, Cumberland County, Pennsylvania 17025, and whose social security number is 204-62-4912. 2. The Defendant, Robert David McCready, Jr., is an adult individual, whose current address is 909 Orange Street, Steelton, Dauphin County, Pennsylvania 17113, and whose social security number is 160-62-9575. 3. Plaintiff and Defendant were married on August 2, 2005 in Mechanicsburg, Pennsylvania. 4. The Plaintiff has resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. The Plaintiff, Emily Elizabeth McCready is not a member of the Armed Services and the Defendant, Robert David McCready, Jr., has just recently been discharged on active duty and is no longer a member of the Armed Services of the United States or its allies. 6. Plaintiff is a citizen of the United States and Defendant is a citizen of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. There is one minor child born of the marriage; namely: Elizabeth Ann McCready; born August 1, 2005. 10. Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. Respectfully submitted, 7 B iane M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: October 16, 2007 VERIFICATION I verify that the statements made in this COMPLAINT IN DIVORCE 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. EMILY E. McCREADY Date: -0 OD d ?. rr ? 31 ( b r-3 C' N ?-,?j' 1'y r=ri ? F D LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 233-8743 Attorney for Plaintiff, Emily Elizabeth McCready EMILY ELIZABETH McCREADY : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2007 - 6116 CIVIL TERM ROBERT DAVID McCREADY : CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the cause may proceed without you and a decree of divorce or annulment may be entered against you by 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 Prothonotary's Office, Cumberland County Courthouse, Carlisle, Cumberland County, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 1-800-990-9108 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1017 North Front Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Emily Elizabeth McCready EMILY ELIZABETH McCREADY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. ROBERT DAVID McCREADY, JR., Defendant No. 2007 - 6116 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 4 <7 AND NOW, this day of 201 mil 2008, comes the Plaintiff, Emily Elizabeth McCready, by her attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. Paragraphs one through ten(a) of the foregoing Complaint in Divorce Under Section 3301(c) of the Divorce Code are incorporated herein and made a part hereof by reference. 11. Plaintiff, Emily Elizabeth McCready hereby avers that the grounds on which this action is based are: (a) that the Defendant, Robert David McCready, Jr. has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, so as to render her condition intolerable and life burdensome; (b) the Defendant, Robert David McCready, Jr., has physically abused his wife, Emily Elizabeth McCready. WHEREFORE, the Plaintiff, Emily Elizabeth McCready, respectfully prays your Honorable Court to grant her a Decree in Divorce on the Fault Grounds of Indignities and Abuse. CLAIM FOR EQUITABLE DISTRIBUTION 12. Paragraphs one through eleven of the foregoing Amended Complaint in Divorce are incorporated herein and made a part hereof by reference. 13. Plaintiff, Emily Elizabeth McCready, hereby avers that there are numerous debts which Defendant has accumulated either in joint names or in his wife's name, which is subject to equitable distribution. WHEREFORE, Plaintiff, Emily Elizabeth McCready, respectfully prays Your Honorable Court to equitably distribute all marital debt and to hold the Defendant, Robert David McCready, Jr., liable for all debt in his name alone as well as joint names. Respectfully submitted, B Diane M. Dils, Esquire 1400 N. 2nd Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: 1,;2 7 /V 9 VERIFICATION I verify that the statements made in this Amended Complaint in Divorce Linder Section 3301(c) of the-Divorce Code are true a-P_d 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. EMILY ELIZABETH McCRE Dale:?A O? CA VP ?... ct O ell ?, 'r^ EMILY ELIZABETH McCREADY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2007 - 6116 CIVIL TERM ROBERT DAVID McCREADY, JR, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 28, 2008. 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 made herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) 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. 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. §4904 relating to unsworn falsification to authorities. Date: Robert David McCready, Jr., fendant i C=Zl w ri 61-6116 Civil 'erk PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is made this ,/daY ? of ? mb& 2001, by and between: EMILY ELIZABETH McCREADY, hereinafter referred to as Wife; --AND-- ROBERT DAVID McCREADY, JR., hereinafter referred to as Husband; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 2, 2003 in Mechanicsburg, Pennsylvania; and WHEREAS, there is one minor child born of the marriage; namely: Elizabeth Ann McCready, born August 1, 2005. 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 they have separated and now live separate and apart from one another, 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; 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. NOW THEREFORE, in consideration of the mutual 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: 1. SEPARATION It shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or 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 party 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. 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. It is specifically agreed however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any Order of divorce, Judgment, or Decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any Judgment and be forever binding and conclusive upon the parties. 2. 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. 3. MUTUAL RELEASES Husband and Wife do hereby mutually remise, release, quit-claim or forever discharge the other and 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, or whatever nature and wherever situate, which he or 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, of 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 or a surviving spouse to participate in a deceased spouse's estate, whether arising under the United States, or any other country; or any rights which either party may now have or at any time hereafter have for the past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 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 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 thereof. 4. 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 the Divorce Decree, unless otherwise specified herein. 5. MUTUAL CONSENT/ADVICE OF COUNSEL Husband and Wife acknowledge and understand the terms and conditions of this Agreement, and Husband is unrepresented, and Wife is represented by Diane M. Dils, Esquire. Each party acknowledges that he or she has received or has been given an opportunity to receive independent advice from counsel of his or her selection and was fully informed as to his or her legal rights and obligations. Husband and Wife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement. Husband and Wife acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. 6. 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. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owed by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the parties shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of said asset. 7. DEBTS AND OBLIGATIONS Husband represents and warrants to Wife that since the date of 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 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, except as otherwise set forth herein. Wife represents and warrants to Husband that since the date of 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 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 set forth herein. 8. REAL ESTATE The parties are not the owners of any parcels of real estate. 9. OUTSTANDING MARITAL DEBT Husband and Wife hereby acknowledge that there is one outstanding joint marital debt owed to HSBCBest Buy. The approximate amount due on said marital debt is $4,140.00. Husband hereby agrees to be solely responsible for the payment of said marital debt and hereby indemnifies and holds Wife harmless for the payment of same. Husband hereby acknowledges that if for any reason the creditor, HSBC/Best Buy should attempt to collect any portion of this debt from Wife, that he will be responsible to reimburse Wife any and all costs including attorney's fees that she would incur as a result of said collection. Husband hereby acknowledges that upon payment in full of said credit card debt Husband shall notify Wife of the same. 10. SPOUSAL SUPPORT/ALIMONY Husband and Wife hereby acknowledge that Wife may be entitled to spousal support, alimony pendente lite, and/or alimony as a result of the pending divorce action. Husband and Wife hereby acknowledge that Wife forever waives her rights to spousal support, alimony pendente lite and alimony as a result of the agreement disclosed in this Property Settlement Agreement whereby Wife is receiving sixty-five percent of the entire marital assets. 11. WAIVER OF RIGHTS The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as amended February 12, 1998, particularly the provisions for alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and the parties hereby waive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. 12. WAIVER OR MODIFICATION TO BE IN WRITING A modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties, and executed with the same formality as this Agreement. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 13. 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 future instruments and/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of the Agreement. 14. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective legatees, devises, heirs, executors, administrators, successors, and assigns in the interest of the parties. 15. BREACH If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for payment of attorneys fees and all costs incurred by the other in enforcing his or her rights under this Agreement. 16. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 17. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs/provisions and sub-paragraphs 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. 18. DIVORCE The parties hereto acknowledge that their marriage is irretrievably broken. The parties further agree to execute the necessary Affidavits of Consent and Waiver of Counseling, and Waiver of Notice of Intent to Request Entry of Divorce Decree upon request so that the divorce may become finalized. The parties c further agree and acknowledge that this Property Settlement Agreement shall be incorporated into said Decree in Divorce; however, shall not merge therewith. 19. IRREVOCABILITY It is understood and agreed to by and between the respective parties thereto that the property division - distribution affected by the herein agreement is IRREVOCABLE and that such division - distribution shall not be affected by any change of circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current, or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current, or future laws or case decisions. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. C? . SEAL Witness MILY IZA ETH Mc ADY Witnes 7 aL4?? SEAL ROBERT DAVID CREADY, JR. 4&'towr J EMILY ELIZABETH McCREADY Plaintiff vs. ROBERT DAVID McCREADY, JR. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 2007 - 6116 CIVIL TERM Defendant CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of a Complaint In Divorce, under Section 3301(c) of the Divorce Code, has been served upon the Defendant, Robert David McCready, Jr., at his address of 907 Orange Street, Steelton, PA 17113, by First Class United States Certified Mail No. 7006 3450 0002 3534 2673 by depositing the same at the post office at Harrisburg, Pennsylvania, addressed to the Defendant, Robert David McCready, Jr., 907 Orange Street, Steelton, PA 17113. Attached hereto is the return receipt card executed by the Defendant, Robert David McCready, Jr. dated October 26, 2007, evidencing receipt of said Complaint in Divorce under Section 3301(c) of the Divorce Code. Resp,y submit t ed, / BY- Diane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Attachment 11 ¦ Complete items 1, 2, and 3. Also complete Nom 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Mtach this card to the back of the mailpiece, or on the front if space permits. 1. A7Nlcle Addressed to: eat ()Pi yd rnaQe*, 7z-. gd17 (D R"e- st"er %QeA+wi, Qq 1711 -'? ? Agent ? Addre RycZed by (Printed Name) C. a oT Is delivery address different from item 1? ? Yes If YES, enter delivery address below. ? No 3 TV Certified Mail ? Expjpw-Mall Registered OWstum Receipt for Merchwidho Ensured Mail 13 C.O.D. l l 1SS ?? 4. Restricted Delivery? (Extra Fee) 2. Article NwW 7006 3450 0002 3534 2673 (DwNfir Aoer aorMw A?bM1 PS f=orm 3811. WbrWry 2004 Doi Rehim PAD*" I r?-_ V ; ( `? ?M c- C-eA d,? v C ? "v `t ?.rC EMILY ELIZABETH McCREADY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2007 - 6116 CIVIL TERM ROBERT DAVID McCREADY, JR, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on. October 17, 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. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) 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. 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. §4904 relating to unsworn falsification to authorities. Date: MIltd,q L ? ?C Eliza eth McCread , Plaint' EmilY Y { d t.C7 Tf T. _ ? r- r1l as s ? . • 3"Y 1 3 EMILY ELIZABETH McCREADY Plaintiff vs. ROBERT DAVID McCready, Jr. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 2007 6116 CIVIL TERM NO. PRAECIPE TO TRANSNUT 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 3301 (c) (Strike out inapplicable section) 2. Date and manner of service of the complaint: Certified Mail Article No. 7006 3450 0002 3534 - October 26, 2007 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff March 11, 2009 ; by defendant January 21, 2009 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: N/A (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 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: b. Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: Simutaneously herewith Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the prothonotary: February 18, 20: i Attorney for Plaintiff/Defendant Diane M. Dils, Esquire ? % ? ;? _ 4 u.3 _..? - ^ .? } ?. ' ` .r ? s -r? f J a• yy _Ai ? t Emily Elizabeth McCready V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Robert David McCready, Jr. : NO. 2007 - 6116 Civil Term DIVORCE DECREE AND NOW, K gRCA 24 1008 , it is ordered and decreed that Emily Elizabeth McCready , plaintiff, and Robert David McCready, Jr. bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed' an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Property Settlement dated January 21, 2009 incorporating but not merging therewith By the Court, Attest: J. ?--? r thonotary '"''?. ?- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW r-- ~, , ''~ t l rl ~ l Z~- ~jC1~ ~ ~ ~..~erlt~ Plaintiff , .FILE NO. a~~JU7-O~'i~ ~' VS. IN DIVORCE c°~, , ~ :~~ ~ ~ d D f ~ - ' ~cx a e e - y.:_ n : ~ ~ V .. _, ~., NOTICE TO RESUME PRIOR SURNAME ;;:> ~, ~~ t=J `~ ' ~~~ r~~ Notice is hereby given that the Plaintiff/Defendant in the above matf"e avg :„:~: -.~ been granted a Final Decree in Divorce on the t.r, y _. hereby elects to resume the prior surname of ~ y~ ~ l,.i ~ ~~ ~~. ~- ~~~.rt ~ c~= ,~c~'~f~t~~'' , and gives this written notice pursuant to the provisions of 54 P.S. 704. DATE: .-~1 I C' ~2c.c ~_ ,. ~~~C-~ ~~ ~"~.', l~' p~ ~S 937oy Signature /-°~ / ~., ignature Q name be g resumed COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On the ~~ day of St-p~`"r~~r 20 ~G ,before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. Notary Public tlf.oa~lllF~' r,sll.. onEtl»F~ht dJ~ia.~01~ ~4 9lrf+°r'1 Mtlrti~h+~t~1!+aSh$~.QMp~^!c^rn+~t Not.ni6 w laexwse ;~u9 iirii tirsty~J /Nluolrwa'tso~,e YN