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HomeMy WebLinkAbout03-5397IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA K. BARTLES, Plaintiff vs. KEVIN R. BARTLES, Defendant CIVIL ACTION--LAW IN DIVORCE NO. NOTICE TO DEFEND ~ 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, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA K. BARTLES, Plaintiff vs. KEVIN R. BARTLES, Defendant CIVIL ACTION--LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DOMESTIC RELATIONS CODE AND NOW, comes Plaintiff, following Complaint in Divorce, follows: LUCINDA BARTLES, and files the and in support thereof avers as 1. Plaintiff is Lucinda K. Bartles, an adult individual, who currently resides at 109 Meals Drive, Carlisle, Cumberland County, Pennsylvania 17013 since August 5, 2000. 2. Defendant is Kevin R. Bartles, an adult individual, who currently resides at 109 Meals Drive, Carlisle, Cumberland County, Pennsylvania, 17013 since August 5, 2000. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately preceding the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 5, 2001 in Newville, PA 17241. 5. The Plaintiff and Defendant have been living separate and apart since September 1, 2003. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The Plaintiff and Defendant are not members of the armed forces of the United States or any of its allies. 8. The Plaintiff avers that the marriage is irretrievably broken. 9. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right -zo request that the Court require the parties to participate in counseling. The Plaintiff does not desire counseling. the Court to enter a decree of divorce. 10. Plaintiff requests Dated: iINDA K. BARTLES %09 Meals Drive Carlisle, PA 17013 (717) 241-2553 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA K. BARTLES, : Plaintiff : KEVIN R. BARTLES, : Defendant : CIVIL ACTION--LAW IN DIVORCE NO. VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief. This Verification is made only as to the factual averments contained herein, and not to legal conclusions and averments authorized by counsel in her capacity as attorney for the party or parties hereto. 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. ~U~iNDA K. BARTLES SEPARATION AND PROPERTY SETTLBMENT AGREEMENT THIS AGREEMENT, made this ~day of October 2003, by and between Lucinda K. Bartles of Carlisle, Cumberland County, Pennsylvania, a party of the first part, hereinafter referred to as "Wife" and Kevin R. Bartles of Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband" WITNESSETH: WHEREAS, husband and wife were married on October 5, Newville, Cumberland County, Pennsylvania; and WHEREAS, husband and wife have been living separate and apart from each other since September 1, 2003; WHEREAS, husband and wife are residents of the Commonwealth of Pennsylvania and have been months; and WHEREAS, certain diverse, so for at least the past six (6) unhappy differences have arisen between the parties hereto which have made them desirous of continuing to living separate and apart from one another; and WHEREAS, husband and wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property; WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and 2001 in WHEREAS, the parties hereto have mutually entered into agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 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 deem fit free from any control, restrain, or interference, direct or indirect, by each other. Neither party shall molest or compel or endeavor to compel the other to cohabitate with him or her by any legal or other proceedings. The the other or dwell foregoing provision shall not be taken to be an admission on the part of either husband or wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and to each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the nonprosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been may, or shall be instituted by the other party, or for making any just or proper defense thereto. It is warranted, covenanted, and represented by husband and wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing husband and wife to execute this Agreement. Husband and wife each knowingly and understandingly hereby waive any and all possible claims of this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and wife do each hereby warrant, covenant and agree that, in any possible event he or she are and ever shall be estopped from asserting any illegality or unenforceabitity as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement of for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, county, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected in any way by and 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 should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, separation. be judgment or order of divorce or 2.3 It is specifically agreed that a copy of incorporated by reference into any divorce or whenever sought by any of the parties hereto. this Agreement may judgment or decree It is understood by the parties that a divorce complaint has been filed in the Court of Common Pleas of Cumberland County at docket number ~] Civil 2003. Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to permit Agreement to survive any such agreements. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage, the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the parties; the contribution of one party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under i2his Agreement shall be in full satisfaction of all rights of equilzable distribution of the parties. a. The parties hereby agree that any transfers of property pursuant to the terms of this Agreement shall be within the scope of the Deficit Reduction Act of 1984, or other similar tax acts (hereinafter "Act"). The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfers and subject to the carry-over basis provisions of said Act. 3.3 The wife shall retain sole and exclusive right, title and possession of all personal property that was obtained by her prior to the marriage and both husband and wife shall retain sole and exclusive right, title and possession of all personal property that was obtained by way of gift from each party's family (i.e. wife has sole and exclusive right, title and possessions of all personal property obtained from wife's family, including but not limited to parents and grandparents; husband has sole and exclusive right, title and possessions of all personal property obtained from husband's family including but not limited to parents and grandparents). Except as provided for herein, Husband shall make no claim whatsoever for any personal property in wife's possession and/or personal property that was obtained prior to the marriage or by way of gift or inheritance from her family. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession and/or personal property that was obtained by way of gift or inheritance from his family. Should it be necessary for either party to execute any documents to convey title to any such personal property in the other party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing party. 3.4 Except as provided herein, Wife waives any right or interest she may have in the real estate deeded to 'them by Deed dated July 7, 2003, being designated as Lot 3-A of the final subdivision plan of Keith R. Bartles which plan is recorded in the Cumberland County Recorder of Deeds Office in Plan Book K87 page 62. Wife agrees to execute a deed within 60 days of the date of this agreement, deeding the real estate to Husband solely. Husband agrees to waive any right or interest he may have in the lease of the marital residence located at 109 Meals Drive, Carlisle, Pennsylvania. 3.5 Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in the possession of the other party. Within thirty (30) days of the date of execution of this document or the request of the other party, each party shall execute the necessary documents to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation or the proper authority within the state in which the party resides. It is the intention of the parties that the 1994 Toyota Camry shall be transferred solely to Husband although the vehicle was not marital property as it was obtained free and clear of all debts by wife prior to the marriage. It is the intention of the parties that the 2000 Oldsmobile Bravada remain solely in Wife's name although the vehicle was obtained during the marriage but is not free and clear of all debts at the time of the signing of this agreement. Except as provided herein, Wife waives any right or interest she may have in the 1994 Toyota Camry and Husband waives any right or interest he may have in the 2000 Oldsmobile Bravada. Both Husband and Wife agree that there are no existing debts on the 1994 Toyota Camry. Furthermore, Wife agrees to waive her rights and interest in the bedroom armoire, tools, cub cadet lawn mower, and utility trailer. Ail property listed above was property obtained during the marriage. Additionally, both parties agree that the balance of the savings account was $4,700, from which Wife has paid $2,000 to Husband and Husband waives any right or interest he may have in the remaining balance of $2,700. 3.6 Husband and Wife agree to waive and relinquish any right that he or she may now have or hereafter acquire in any deferred compensation, pension, profit-sharing, individual retirement plan (IRA) or other retirement plan of the other party. 3.7 Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. relinquish any right in such property that may arise of the marriage relationship. ARTICLE IV RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured and maintained an adequate fund with Husband and Wife specifically agree to waive and as a result Husband and Wife rights for alimony that they may be entitled to pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code. ARTICLE V DEBTS OF THE PARTIES 5.1 Each party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the parties, that since the separation neither party has contracted for any debts for which the other will be sufficient resources to provide for and support in the station of life in Husband and Wife do hereby waive, they may respectively have against or maintenance. 4.2 specifically waive, release and give up any which to provide themselves their comfort, maintenance, which they are accustomed. release and give up any rights the other for alimony, support, responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. In the event either party contracted for or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have no outstanding debts or obligations of the Husband and Wife incurred prior to the signing of this Agreement except for the following: A. There exists a note payable in the amount of $11,000 to Member's First Federal Credit Union on the 2000 Bravada, which obligation is to be that solely of Wife's. This debt is solely in wife's name at the time of signing this agreement. Therefore, no refinancing is required. B. There exists various credit cards,, which may or may not have outstanding obligations. These cards are solely in the name of the Wife, with the exception of one credit card solely in the name of Husband. With the exception of a Sears credit card, there are no cards existing that are jointly owned by Wife and Husband. Wife and Husband agree that the Sears credit card will be closed within 30 days from the signing of this agreement and that there is no outstanding obligation on said card. Since the debts on these various credit cards were incurred during the marriage, both parties agree that the outstanding balances, which total approximately $21,500, are marital debt. Wife will retain the credit card(s) solely in her name and make any monthly payments as they become due. Husband will retain the credit card solely in his name and make any monthly payments as they become due. Husband agrees to provide Wife the sum of $7,600 as contribution towards the credit card marital debt which exists solely in wife's name. Husband agrees to forward the sum of $7,600 within sixty (60) days of the signing of this agreement or within sixty (60) days of wife's request. Husband and Wife acknowledge that all other joint miscellaneous utility bills associated with the marital residence, except those itemized above, if any, are the sole responsibility of Wife and Wife agrees to make all reasonable efforts to remove Husband's name from all such bills. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 The parties hereto have retained independent legal counsel. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel or the parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge 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. 6.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property of the other or against the estate of the other, of whatever nature and wheresoever 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 as 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 (a) Pennsylvania (b) any state, commonwealth, or territory of the United States, or (c) any other country, or 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, source 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 thereof. It is tlhe intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not 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 thereof. 6.3 Each party represents that since separation, they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified frcm all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, herein. except as is otherwise specifically provided 6.4 No waiver or modification of any of the terms of this Agreement 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 subsequent default of the same or similar nature. 6.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, which are in effect as of the date of execution of this Agreement. 6.6 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.7 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no relpresentations or warranties other than those expressly set forth herein. 6.8 If any term, condition, clause, sectio~, 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 frolm this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.9 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code of the Cor~monwealth of Pennsylvania. 6.10 The parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. 6.11 In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitles, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur, including but not limited to filing fees and attorney's fees, in any action or proceeding to enforce the terms of this Agreement. 6.12 This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, wither at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this Agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. IN WITNESS WHEREOF, hereunto set their hands hereby, the day and year the said parties of this Agreement have and seals, intending to be bound legally first above written. Signed, sealed and delivered in the presence of: WITNESS: WITNESS: KEVIN R. BARTLES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA K. BARTLES : Plaintiff : VS. : KEVIN R. BARTLES, : Defendant : CIVIL ACTION--LAW IN DIVORCE NO. 0~-$ i 9"1 CERTIFICATE OF SERVICE AND NOW, this //~ day of October 2003, Z, Kevin R. Bartles, Defendant, hereby certify that I have this day been personally served with a certified copy of the Complaint in Divorce under section 3301(c) or 3301(d) filed by Lucinda K. Bartles, Plaintiff. Kevin R. Bartles ~.09 Meals Drive Cadisle, PA 17013 (717) 241-2553 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA K. BARTLES, : Plaintiff : KEVIN R. BARTLES, : Defendant : CIVIL ACTION--LAW IN DIVORCE NO. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on October 10, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and more than ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees them before a divorce is granted. 5. I understand that the costs paid for by Plaintiff. 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. Sestion 4904 relating to unsworn falsification to authorities. Date :~7~S~ or expenses if I do not claim of these proceedings will be ~LL~iIgbA- ~. BARTLES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA K. BARTLES, Plaintiff VS. KEVIN R. BARTLES, Defendant CIVIL ACTION--LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DEC]KEE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of 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 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 / i Date: ~C'~ (~ · ~U~INDA [<. BARTLES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA K. BARTLES, : Plaintiff : VS. : KEVIN R. BARTLES, : Defendant : CIVIL ACTION--LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on October 10, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and more than ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. 5. I understand that the costs of these proceedings will be paid for by Plaintiff. 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. KEVIN R. BARTLES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA K. BARTLES, Plaintiff vs. KEVIN R. BARTLES, Defendant CIVIL ACTION--LAW IN DIVORCE NO. O~. - % %c1~ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DEC]KEE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of 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 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 falsi~cation to authorities. Date: .~/O~ ~~/~ KEVIN R. BARTLES VS. : : lin THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. O~- S,'~ct-') CIVILTERM 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 §3301 (c) (Strike out inapplicable section). 2. Date and manner of service of the complaint: . ~,~o~-~)..~. 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 ~-~'~, ~--~ ~o'-k ; by defendant ~-'X-~, ~-'~,.~:~q,.-~ (b) (1) Date of execution of the affidavit required by {}3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: 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: t'¥~"'~'-c~N'-, ~,%~ :3-0o~.~ Date defendant's Waiver of Notice in {}3301 (c) Divorce was filed with the Prothonotary: ~'~"'-~c--~¥', \ck ~ o~-z30', \ ney for Plaintiff/Defer~ant IN THE COURT OF COIVIMON OF CUMBERLAND COUNTY STATE OF PENNA. LUCINDA K. BARTLES PLAINTIFF VERSUS KEVIN R. BARTLES DEFENDANT NO. -- 03-K~97 PLEAS DECREE IN DIVORCE, ; · AND NOW J~~I~ ~ , IT IS ORDERED AND DECREED THAT LUCINDA K. BARTLES , PLAINTIFF, AND KEVIN R. BARTLES ,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; NONE THE SEPARATION AND PROPERTY SETTL'EMENT AGREEMENT DATED OCTOBER 29, 2003 IS INCORPORATED BY REFERENCE. BY THE COURt: ~ROTHONOTAR¥ 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION - LAW Plaintiff VS. Defendant FILE NO. (-.~-'-53 q'7 , _ 20 IN DWORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the. ~ day of hereby elects to resume the prior surname of '-'~x ~VXC3[D , and gives this written notice pursuant to the PT~xns of 54 P.S. 704. DARE: 14'-~ ~:~-~ Signature fl.i~nat~3re of name being resumed COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : On the i~4ax day of ~dx/ , 200~ , 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 Wimess Whereof, I have hereunto set my hand and official seal. Notary ~ NOTARIAL SEAL "i Elaine M. Regi, Notar,/Public North Middleton Twp., County of Cumberland My Commission Expires Nov. 6, 2004