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Home My WebLink About03-5727 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMQNWEALTH OF PENNSYLVANIA ANNA C. NASTELLI, PLAINTIFF, Civil Action---Divorce Docket No.I"\::I-.t:'1~7 (?;u~('7~"", V. ALLAN W. NASTELLI, DEFENDANT, NQTICE TO DEFEND AND CLAIM OF 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY LAWYER'S FEES OR EXPENSES BEFORE A DIVQRCE QR ANNULMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYL VANIA REQUIRES THAT YQU BE NOTIFIED OF THE AVAILABILITY QF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY QF THE FOLLQWING GRQUNDS: 23 Pa.C.S. & 3301(a)(6)-------Indignities 23 Pa.C.S. & 3301(c)----------Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. & 3301(d)----------Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A list of marriage counselors is available in the Qffice of the Prothonotary Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. GREGQRY S. HAZLETT, ESQUIRE ATTORNEY & COUNSELOR AT LAW IN THE COURT QF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ANNA C. NASTELLI, PLAINTIFF, Civil Action---Divorce Docket No. 1\ 01-.1:'127 (J~~~'L V. ALLAN W. NASTELLI, DEFENDANT, COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CQDE PARTIES 1. Plaintiff is Anna C. Nastelli, an adult individual, sui juris an who currently resides 102 Cockleys Drive, Mechanicsburg, in the County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, is Allan W. Nastelli, an adult individual, sui juris, who currently resides at 651 Georgian Place, Harrisburg, in the County of Dauphin, Commonwealth of Pennsylvania. JURISDICTION & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months. 4. The parties were married on the 6th day of July, of2002, in the County of Cumberland, Commonwealth of Pennsylvania. 5. Neither the Plaintiff nor the Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce instituted by the plaintiff or defendant in this Commonwealth. GROUNDS FOR DIVQRCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE. 7. For the purposes of section 3301 (d) ofthe Divorce Code, the parties have been living separate since October 8, 2003. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. WHERFORE, plaintiff requests that the Honorable Court grant a decree of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code. 11. The parties do not have any biological children born within the marriage. 12. The parties have not heretofore entered into any written agreement as to support, alimony, or property division. COUNT I PETITION FOR EQUITABLE DIVISION. DISTRIBUTION AND ASSIGNMENT OF MARITAL PROPERTY 13. The averments of paragraph 1 through 13 of Count I, are incorporated herein by direct reference thereto as if set forth verbatim. 14. The parties are the owners of various items of personal property and real property which qualifies as marital property as defined in Section 401 ofthe 1980 Divorce Code. 15. Such marital property includes real and personal property as well as other intangible property thought to exist, including but not limited to pensions, bank accounts, etc. 16. Such property is subject to equitable division, distribution and assignment by this Court. WHEREFORE, Plaintiff prays that this Honorable Court: (a) equitably divide, distribute and assign all ofthe parties' marital property: (b) enjoin Defendant from transferring or encumbering any marital property during the pendency of this action. GRQUNDS FQR DIVORCE REQUEST FOR A NO-FAULT DIVQRCE UNDER SECTION 3301 (C) QF THE DIVORCE CODE. 13. The prior paragraphs are incorporated herein by reference. WHEREFORE, provided the parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing and service of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 3301(c) of the Divorce Code. i~d . Grego S:1Iaz , squire AU ney for Plaintiff 20 South Market Street Mechanicsburg, Pennsylvania 17055 (717) 790-5500 VERIFICATIQN I verifY that upon personal knowledge or information and belief that the statements made in this Complaint 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. ~~YiMR1h Anna C. NasteIli, Plaintiff Date: a 1 ffl 0 3 p 1-'l \' l ~ ~ i' ~~ , ~ .(q ~~::o D' 0 () . . ~ g a , I ;:v- p::~ ~~ Q () C r~ -'~ ..:--, ~~F-, .~-.. ~/_,: (..) U) -,'_. r-:~ \~. _Q ~.:;::: -. ";:i:. ~7r__ :t.. t~ ~ 7' "" :2 (..) c.' 0 <:'~-' -'q -~'J - , ~ ~1 ! : .~~J ,f~) .:- ':;j , .J(', <-;,-n ~:~ J.~' ~ € IN THE COURT QF CQMMON PLEAS CUMBIB:RLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ANNA C. NASTELLI, PLAINTIFF, Civil Action---Divorce Docket No. 03-5727 V. ALAN W. NASTELLI, DEFENDANT, PETITION TO AMEND DIVORCE COMP]['AINT/CAPTION NOW COMES, Anna Nastelli, Plaintiff, by and through her attorney, Gregory S. Hazlett, Esquire to Amend Plaintiffs Divorce Complaint and avers as follows: I. Plaintiff filed a No-Fault Divorce Complaint on Qctober 31 st, 2003 in the Court of Common Pleas of Cameron County Commonwealth of Pennsylvania. 2. Plaintiffs divorce complaint in paragraph six (6) that the defendant is not in the military service when in fact the defendant is in the United States Army. 3. Plaintiffs divorce complaint on the Caption and paragraph one (I) spells the defendant's first name as Allan when in fact the correct spelling is Alan. WHEREFORE, Plaintiff, by and through her counsel respectfully requests that the Court Amend Plaintiffs Divorce Caption and Complaint to reflect the changes referenced above relative to the caption and paragraph one (1) to refleet the proper spelling of defendant's name. Dated: S 11<; lo~ Respe:ctfully submitted: BY: GREGORY S. HAZLETT 7 l:st Main Street echanicsburg, P A. 17055 Telephone: (717) 790-0490 VERIFICATION I, Gregory S. Hazlett, attorney for plaintiff, do hereby verify that the statements made in the foregoing Motion to Amend CaptionlDivorce Complaint are true and correct to the best of my knowledge, information and belief I understand that statements herein are made subject to the penalties of the 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated:~ ;1~ /orney for Plaintiff o ~-.: -< :-:J -, '" c.;> ~:2 o ., --I :,-n:D r- -nrn ~ ',J -'::;'J 01. "~l~J oT _~~ :~i;;'\ ~~ .-,-.. :i-/.> -< -.J ,. f:.'J (j'i o MAY 1 9 2004 IN THE COURT OF COMMON PLEAS CUMjRERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ANNA C. NASTELLI, PLAINTIFF, Civil Action---Divorce V. ALAN W. NASTELLI, DEFENDANT, Docket No. 03-5727 ORDER AND NOW this . ?-oiL day of ~ 20(~4 tl}~ Ilivprce Complaint ~6 117dICzkd zbvc..> docket nwnber 03-5727 is he:eby amended tOlOITFct the captio~ and paragraph one (l) ~ ;?t~ 2. "'"' CJ) c::...!) of plaintiffs divorce complaint in conformity with plaintiffs Motion to Amend Divorce ,... Caption/Complaint. ~D~ ?,l} () BY THE: COURT, '.:;':: ALN:'(' .; ""0 1.1',.,,,' ,,,I 21 :6 Hi} I Z }, vil ~DDl Ab''.jJ{)t<Cj~j.oUd :!Hl .:!O :;:): :!:lO--C!:rll:l IN THE COURT OF CQMMQN PLEAS CUMBE,RLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA ANNA C. NASTELLI, PLAINTIFF, Civil Al:tion---Divorce Docket No. 03-5727 V. ALAN W. NASTELLI, DEFENDANT, PRAECIPE TO REINSTATE DIVORCE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Divorce Complaint relative to the aforementioned parties. Dated: 5/26/2004 GREGORY S. HAZLETT (") "-' ~ = '-~ = ?.:: ""- :3;: -;:j I:~'_-. .". :r':n , -< III r-= :-,'" f N -r:'f!j -1:1 ..., i.J~ -/( U -r--r~ ':-., r5:D ~ ~".. ("') () c.~rn C:: ~ ..., / )> ""J W ~.r:~ -"" 1'0 -< II ANNA C. NASTELLI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW ALAN W. NASTELLI, NO. 03-5727 Defendant IN DIVORCE DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: COUNT I - EQUITABLE DISTIUBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - ALlMON'( 2. Defendant lacks sufficient property to provide for his reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Defendant is unable to support himself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 4. The Plaintiff is employed and enjoys a substantial income from which she is able to contribute to the support and maintenance of Defendant and to pay his alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of life to which he has become accustomed during the marriage. II COUNT III - ALIMONY PENDENTE LITE 5. Defendant is without sufficient income to support and maintain himself during the pendency of this action. 6. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay his reasonable alimony pendente lite during the pendency of this action. COUNT IV - COUNSEL FEES ANID EXPENSES 7. Defendant is without sufficient funds to retain counsel to represent him in this matter. 8. Without competent counsel, Defendant cannot adequately prosecute his claims against Plaintiff and cannot adequately litigate his rights in this matter. 9. Plaintiff enjoys a substantial income and is wl~II able to bear the expense of Defendant's attorney and the expenses of this litigation. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in the litigation of this action. ~~t-~ Q5M. miL. Andes Attorney for Defendant Supreme Court 10 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 II I verify that the statements made in this docum€,nt are true and correct. I understand that any false statements in this document are subject to the penalties of 1 8 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 7~;;J~-Olj /iYJ~ ~L1 ~. ~o-- 'b ~ A\\ ~J ~ o ~ ~' ol) (' "' .. o ~ \ t (I; 4 . . . r-> ;::::';) ~ o -'11 .-\ ~x..,...\ rnf"~;': =Be 0(--, -.-1.'1 ~'~~;~ ~~~ ~;5rn ~;;! ~D .< ::"" c- d) \ <.II ;'~'" -~,.. 'P. c> N II ANNA C. NASTELLI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW ALAN W. NASTELLI, Defendant NO. 03-5727 IN DIVORCE MOTION FOR HEARING ON REQUEST FOR ALIMONY PENDENTE LITE AND COUNSEL FEES AND EXPENSES AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and moves the court to schedule a conference and hearing on his claim for alimony pendente lite, as raised in his Petition for Economic Relief, a copy of which is attached hereto. 16 August 2004 c~~ Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 N. 12th Street Lemoyne, PA 17043 (717) 761-5361 ANNA C. NASTELLI, IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C) ~~ C) c": c~ -n CIVIL ACTION .-c;L,.AW,. s:J-lJ r~~: \J: C~,,: rl1 f':-. "':?' GJ -;~rT1 ,..-". I ~{Ja NO. 03-572?> (J1 ~-)J) r:: 1 ., -, ~: ~:,~ ~~ (~5rn \f-? .~~ o ~~Z w Plaintiff vs. ALAN W. NASTELLI, Defendant DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and makes the fOllOWing Petition for Economic Relief: COUNT I - EQUITABLE DISTRIBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT" - ALIMONY 2. Defendant lacks sufficient property to provide for his reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Defendant is unable to support himself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 4. The Plaintiff is employed and enjoys a substantial income from which she is able to contribute to the support and maintenance of Defendant and to pay his alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of life to which he has become accustomed during the marriage. 5. Defendant is without sufficient income to support and maintain himself during the pendency of this action. 6. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay his reasonable alimony pendente lite during the pendency of this action. COUNT IV - COUNSEL FEES AND EXPENSES COUNT III - ALIMONY PENDENTE LITE 7. Defendant is without sufficient funds to retain counsel to represent him in this matter. 8. Without competent counsel, Defendant cannot adequately prosecute his claims against Plaintiff and cannot adequately litigate his rights in this matter. 9. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expenses of this litigation. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in the litigation of this action. ~~~~ Q~ m I L..Andes Attorney for Defendant Supreme Court 10 17225 525 North 12th Street lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 7 -,;} &--"OLj , 7 "7 ~1tf/~c- ~. NA LLI n ~ ~ ~ -.- lS- \:) ~ o j~:~"'; c,) -.,. "",,) ~.~-:. , C:.) ..;,."~ " c:; I', c::-; ANNA C. NASTELLI, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE ALAN W. NASTELLI, Defendant/Petitioner NO. 2003-5727 CIVIL TERM IN DIVORCE Pacses# 807106684 ORDER OF COURT AND NOW, this 9'" day of September, 2004, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on October 6, 2004 at 9:00 A.M. for a conference, at 13 N. Hanover St.. Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule t910.11@ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 9-9-04 to: Petitioner < Respondent Samuel Andes, Esquire ;J J1 Gregory Hazlett, Esquire -Ll l k Date of Order: September 9, 2004 A ~ U / _" Coo'_ 0:= YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA t7013 (7t7) 249-3166 CC361 (-) ," 1"-_.) r:---, ,";_.l -- ~ , , f- '\ C., ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of pennsvlvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 10/06/04 Tribunal/Case Number (See Addendum for case summary) @Original Order/Notice o Amended Order/Notice o Terminate Order/Notice EmployerNVithholder's Federal EIN Number RE: SMITH, ANNA Employee/Obligor's Name (last, First, MI) 177-56-7700 Employee/Obligor's Social Security Number 3702000315 Employee/Obligor's Case Identifier (5.. Addendum for plaintiff nam.. associated with cases on attachment) Custodial Parent's Name (last, First, MI) SELECT SPECIALITY HOSPITAL C/O MEDICAL ARTS BLOG STE 412 890 POPLAR CHURCH RD CAMP HILL PA 17011-2250 ~JI., ;(P'Pa-5?t?1(!tI p~SZS rd 7/ ot.,iPfll See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'sfobligor's income until further notice even if the Order/Notice is not issued by your State. $ 431. 00 per month in current support $ 19.00 per month in past-due support Arrears 12 weeks or greater? <Xl yes 0 no $ 0.00 per month in medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 450.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 103.85 per weekly pay period. $ 207.69 per biweekly pay period (every two weeks). $ 225.00 per semimonthly pay period (twice a month). $ 450.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydateldate of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee'sf obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (5ee #10 on pg. 2). If remitting by EFl/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1_877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SEcuRny NUM ER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ~~THEC\ RT: ~ ~ Date oWrder: i OCT - 7 2004 - '- v \ o..~ . ~~ B. &!rfcEi ::::Tl-I/XGE: Form EN-028 Service Type M OMB No.' 097Ml54 Worker ID $IATT ADDITIONAL INfORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If lihecked you are required to pr9~ide a ~opy of this form to your employee. If your employ~ works in.a state that is di erenHrom the state that issued this order, a copy must be provided to your employee even ,f the box IS not checked. ;. W. _.... "'0""" _;~. 0' ,...." _,,,; ,""~ ,,"",. mo.''''"'' ""',oo,~ ... ,"'.-~ businesses located on a reservation that choose to withhold in accordance with this notice. ,. __ W_W,", 0_." 0"'- "" ,00,", _ '0' """....' .~., ood" ,_......oO.. - ,- ,.... ~ .... ",.-...,re ~'. m." .." ,w. .""'" ",.re ~ ,~.., ~ "',. '0 ..", ,.... ..."".. ~oo"o, agency listed below. ,. '0_"'- ,~... 000'.' w,",,,.W _~ ""'" m".~~' ..,-"''''''' ,- '0 ",,,,. ",m"". '"'" *'"" ~""""' ...",W,o. ,~mo' _. _" .""".. '".~ 0"" "0," ,,,m"".' "",,,,,,,,. '" "'" employee/obligor. ,,_b.. b. ,.,d~~b:~':'~':;'~:::'::~ ;~..J;::,~.~t~::';";;';'~~;~;';;;;';:~:::'''.' ... ".. .m_"""'''"'' ,,~,.., """ m ...'_. wO. ~"'" '".. ,.. ~"", w,""o ,""kO "" moO ,m.'_" withholding order and fOlWard the support payments. ;.' _."'............ _... ,,"re" m"'~'" Dol"~"re '" W,",,,", ,_m. ,",;- ...,oO "" ...,,,,,,,^,,,,,,,,.. "" ~ oo~,.. """,,,", ,",,,,, Dol._ ,"'. ,....' "';- w,",,,,,W,o, ;;m'" ,~ m~ ",,;OW .. ... 0'" ... m ""'_""""~,. ,"00'" ,"" "",,,,m'" ,~.re' ,,~.... 0.''''''''''' .,,...-.- possible. (See #10 below) .. ,_ .__ '00 mo"-'" 0.....,__0'""00 ...m,_""~' "00 ,~...-"' ","00 please provide the information requested and retum a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S 10: 2518859430 EMPLOYEE'S/0811GOR'S NAME: SMITH. Am!A EMPLOYEE'S CASE IDENTIFIER: 3702000315 DATE Of SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOVER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. _ "'oo~'"' w,",""W ,_".. 0"-.'" "red>. ,00 ,re ,,,,,,. '",..... ~.o'''' ~oo. ,00 .oo,"o.~ ....." ""'".. ~.,_""". ,_ ~d """ ,.00",,'" '" '000'''''''..-.... ...o"'~" ,- OW -, 00"" the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. AntkliSCrimination: You are subject to a fine determined under State iaw for discharging an employee/obligor from employment, "'"" . .."",. "' ""'"' d~""~" "'.0 ...,., ~, ..,....."".. """"'" , , '".'"" ...",W'o,. -""""'. ,- ... governs unless the obligor is employed in another State, in which case the law of the State in which he or she is empioyed governs. 10.' Withholding Limits: You may not withhold more than the lesser of: 1) the amoulnts allowed by the Federal Consumer Credit Protection Act (15 U.s.c. ~1673 (b)l; or 2) the amounts allowed by the State of the employee'slobligor's principal place of employment. The federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. ~NOVfR ST pD. B_X 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at !717) 240-6225 or by FAX at (717\ 240-6148 or by internet ~ww.childsuPport.state.pa.us Page 2 of 2 Form EN-028 Worker ID $IATT QMB No.: 0970-0154 Service Type M ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SMITH, ANNA PACSES Case Number 807106684 Plaintiff Name ALAN W. NASTELLI Docket Attachment Amount 03:s727 CIVIL$ 450.00 Child(ren)'s Name(s): DaB o If checked, you are required to enroll the child(ren) identified above in any heaith insurance coverage available through the employee's/obligor'S employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB , .",:,-,-.."..,."",."-""-"",,',..,-,,,,,,,,,.,,,".,"'..."'" ,,",,',' ,.-""",-,,".,,-,,,,.:.,-,',""" ;"'::'-':':'::"'''':''':,'';,:,:,'':':,';<'':::''',..,:''::>>::,:,,,:;:,;,.::,::,,,,,::,::,:,..:,'::,.-,:_.:;.,,.-..,"".-:.;-:,,:::::::;-,:.,::,::-::>:::.:::,,'::.::' o if checked, you are required to enroll the chlld(ren) identified above in any health insurance coverage available through the employee's/obligor'S employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB Olf checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Nam'~ Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB :,:":-:-:.:.;,:,"':::''":::::'-:':''';:-:::;:',:;,::.,:::::,.,::,::,::>'.::,:,.,::::".::-:'::.,:.::>,'::'>::..::::,",:,:>::,..-":::,:,:,,:,,.-:-::,,:,,:,',::,:,,:::,::-,:-:;.,:'::':',::..:,:,:,:.:,::':".::::':,::.....'.". o If ch;~I<.;d,;~~~r~. ~~~;~d't~;~;~I;;h;~hild(;;~) ............. identified above in any health insurance coverage available through the emplovee's/obligor'S employment. Service Type M OMB No.: 0970-0154 Addendum Form EN-02B Worker ID $IATT C) ", C) c>:;) = 'Tl C) C) -~'j , 00 -- (., -- 0"\ C ;::.1:n r-!E.~'o::'_j ANNA SMITH, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE VS. NO. 2003-5727 CIVIL TERM IN DIVORCE ALAN W. NASTELLl, Defendant/Petitioner Pacses# 807106684 AND NOW, this 8th day of October, 2004, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $2,623.33 and Respondent's monthly net income/earning capacity is $4,254.32, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $450.00 per month, $431.00 per month for Alimony Pendente Lite plus $19.00 on arrearages payable bi-weekly at $207.69. First payment due next pay date. Arrears set at $1,293.00 as of October 6, 2004. The effective date of the order isAugust 5, 2004 QRDER OF COURT This Order considers that Respondent has the care and custody of a minor child. This Order further considers fhat Petitioner is to maintain medical insurance for the Respondent and her son. The parties are to report to the Domestic Relations Section for crl~dit that should be given to the APL account for direct payments by the Respondent since the filing date on August 5, 2004. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all ofthe means as provided by 23 Pa.eS.S 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment ofthe Respondent to prison for a period not to exceed six months. Said money to be turned over by the P A SCDU to: Alan Nastelli. Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, P A 17106-911 0 Payments must include the defendant's P ACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows: 0% by Respondent and 100% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Petitioner to provide medical insurance coverage. Within thirty days after the entry of this order, the Petitioner shall submit to the Respondent written proof that medical insurance coverage has been obtained or that application for coverage has been made. proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4)the addr4ess to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the prothonotary for a hearing de novo before the Court. DRO: R. 1 Shadday Mailed copies on 10,8-04: < BY THE COURT, Petitioner Respondent Samuel Andes, Esquire Q7J,^,~ Edgar B. Bayley J. . -- r--o c:::-") G~:~ .c- o ('-) (I ~Tl ",,-J iTi:u r--. .'Of'Tl :tJCJ I~::~(:J :>~~r~ "".0 .<: -r) :1;::: .c- c.:::') 0"- II I I ANNA C. NASTELLI, a/k/a ANNA SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO.. 2003-5727 CIVIL TERM ALAN W. NASTELLI, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) 0-[ the Divorce Code was filed on 31 October 2003 and served upon the Defendant on or about 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and 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. "'""', '[ ~, / . '/.', ,'''. l 1~nl...-l/0t.lj-d{( ANNA C. NASTELlI a/k/a ANNA SMITH ~:') "', ~" II ANNA C. NASTELLI, a/k/a ANNA SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-5727 CIVIL TERM ALAN W. NASTELLI, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 IC) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divOI'ce 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. (- /7 -os Date { i ltM'v C-?Zt,j-di^ I ANNA C. NASTELLI a/k/a ANNA SMITH C) '""1 ~ c:;;, I , .~..., :T: n"l .~:; r:-? t.n ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of pennsl'lvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 02/04/05 Case Number (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice @ Terminate Order/Notice EmployerMlithholder's Federal EIN Number RE: SMITH, ANN.I\. Employee/Obligor's Name (Last, First, MI) 177-56-7700 Employee/Obligor's Social Security Number 3702000315 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (last, First, MI) SELECT SPECIALITY HOSPITAL C/O MEDICAL ARTS BLDG STE 412 890 POPLAR CHURCH RD CAMP HILL PA 17011-2250 ))~t 1l/JI!ifJ'~"'7 ell P1k!.S~ s. 8'/)7 /~ (.,gy See Addendum for dependent names and birth dates associatEd with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'sfobligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current support $ 0 . Doper month in past-due support Arrears 12 weeks or greater? 0 yes @ no $ 0.00 per month in current and past-due medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ 0.00 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month). $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing tlhe work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee'sf obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDl, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCOU Send check to: Pennsylvania SCOU, P.O. Box 69112, HarrisbUlrg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NVMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ,--- 'f"f j-' f''\>, ""',," orn,/fB - 72005 . ,dei,e-; -, :H<COU";?;~l~ Service Type M OMBNo.,097(J.(l154 Worker ID $IATT ADDITIONAL INfORMATION TO EMPLOYERS AND OTHER WITHHOLDERS D If~hecked you are required to prp\ride a copy of this form to your~mployee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3. * R'{;!-'v,Uhg tile PaydaLdDatt v(\VitldIOld;lIg. Yvu IlIu::>Llc:voILll.e lJayJatddo;th;; vf vv;ll,I,Old;"g vvll'l:;1I ;:lC:;IIJ;llg LIte paYIIIO;:;IIt. Tlte; tJoyJgldJole of vv;tl,IIUIJ;..o ;::>lltc: dale 011 vvlt;\.L c1IItVUlll vvo::> vv;ll11u::IJ flVll1 tll'C ,{;IlIlJlvy~~e'5 vvag6. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.' Employee/Obligor with Multiple Support Holdings: If there is more than one Order/'Jotice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the iaw of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and retum a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2518859430 EMPLOYEE'S/OBlIGOR'S NAME: SMITH , ANNA EMPLOYEE'S CASE IDENTIFIER: 3702000315 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State iaw. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.s.c. ~1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at LZ1ZL,;>40-624R or by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 Form E N-028 Worker ID $IATT OMBNo.:0970-0154 ( ("- , - ,. ~ -':1 r"~1 , . , c..) c-' In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ANNA SMITH, ) Docket Number 03-5727 CIVIL Plaintiff /Respondent ) VS. ) PACSES Case Number 807106684 ALAN NASTELLI, ) Defund~t/Petitioner ) Other State ID Number ORDER AND NOW, to wit, on this 4TH DAY OF FEBRUARY, 2005 IT IS HEREBY ORDERED that the support order in this case be 0 Vacated or OSuspended or (i)Terminated without prejudice or 0 Terminated and Vacated, effective JANUARY 4, 2005 , due to: AN AGREEMENT OF THE PARTIES. THERE IS A REMAINING BALANCE DUE OF $993.14 AND DEFENDANT HAS MADE PAYMENT IN THAT AMOUNT ON THIS DATE. DRO: RJ Shadday xc: plaintiff defendant Samuel Andes, Esquire Gregory Hazlett, Esquire Edward E. JUDGE BY THE CQI l . Service Type M Form OE-504 Worker ID 21005 SAMUEL L. ANDES JAN 2 6 2005 ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 166 LEMOYNE. PENNSYLVANIA 1704~3 25 January 200E; Ms. Rikki J. Shadday Cumberland County Domestic Relations Office P.O. Box 320 Carlisle, Pa 17013 ~() 7/ot..!P8 ~ ):;kl. c2~tJ3 - 57). 7 RE: Alan W. Nastelli vs. Anna C. Smith Nastelli Dear Rikki: Several months ago an order for alimony pendentEl lite was entered in the above case. The parties recently signed a Property Settlement Agreement which provided, among other things, that the APL would stop upon the exchange of certain items. That exchange has been completed and the APL should be terminated effective 26 January 2005. Mrs. Nastelli will be responsible to pay any arrearages under the order that exist on the date of its tElrmination, but the order should stop charging on 26 January 2005. The parties will conclude a divorce in the near future. In the meantime, if you need anything else from me to terminate the order, please let me know right away. Thank you for your attention to this matter. Sincerely, ..,~ I .., l;; I ..... S~~s = amh 1) ..... .. cc: Gregory S. Hazlett, Esquire Alan W. Nastell TELEPHONE (717) 761-l"\3fJl FAX (717) 761-143:"\ oM tJOl 6::;;tiF';)- .H \;J. ."li,- 1~ ..\'.. ""':.' ..~ , .'1 p , ~ SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is made this 1(4 day of ,J ;:0..,,-, >'-->'1 2005, by and between ANNA C. NASTELLI, also known as ANNA C. SMITH.' hereinafter referred to as "Wife" and ALAN W. NASTELLI, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, Husband and Wife were lawfully married on 6 July 2002 in the County of Cumberland, Pennsylvania. WHEREAS, certain differences have arisen between the parties as a result of which they have separated and, are desirous, therefore, of entering into an agreement which will provide for support, distribute their marital property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised, have come to the following agreement. NOW. THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties hereto, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise, 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. 2. INTERFERENCE. Each party shall be free from interference, authority and contact by the other as fully as if he or she was single or unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS. Wife represents and warrants to Husband that, since she filed the Divorce Complaint in this matter on or about October 8, 2003. 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 Page I of 11 claims and demands made against him by reasons of debts or obligations incurred by her subsequent to the date of the divorce filing. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that, since Wife filed the Divorce Complaint in this matter on or about October 8, 2003, 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 and demands made against her by reasons of debts or obligations incurred by him subsequent to the date of the divorce filing. 5. LEGAL REPRESENTATION. It is hereby acknowledged and understood as between the parties to this Agreement that each is represented by legal counsel of his or her choosing. Husband is represented by Samuel L. Andes, Esquire. Wife is currently represented by Gregory S. Hazlett, Esquire. Each party has been fully advised of their respective legal rights and responsibilities and have accordingly reached this Agreement voluntarily and knowingly. 6. MUTUAL RELEASE. Subject to the provisions of this Agreement, each party waives his or her right to any and all legal or equitable claims not otherwise provided for or allowed within this Agreement, inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, as amended. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Section 202 of the Divorce Code. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which confirms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the age, health, station, amount and Page 2 of 11 sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions 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 or dissipation of each party in acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 8. REAL PROPERTY. Wife is the sole owner of real property located at 102 Cockley Drive in Mechanicsburg, Cumberland County, Pennsylvania. Wife shall remain the sole, legal and equitable owner of said property free of any and all claims of Husband relative to the same. Husband is the sole owner of real property located at 651 Georgian Place in Harrisburg, Dauphin County, Pennsylvania. Husband shall remain the sole, legal, and equitable owner of said property free of any and all claims of Wife relative to the same. 9. PAYMENT OF MARITAL DEBTS. The parties owe two marital debts which they shall pay and satisfy as follows: A. An automobile loan owed to Way point Bank which encumbers the title to the 2002 Chevrolet Camaro. Husband shall pay and satisfy that debt in accordance with the terms of Paragraph 11 below. B. A personal loan made by Husband from his daughter, Laura Heberle to finance various items purchased by the parties. That debt is owed by Husband alone and Husband shall pay and satisfy that debt in accordance with its terms and shall indemnify and save Wife harmless from any loss, cost, or expense caused to her by his failure to do so. 10. OTHER OBLIGATIONS. The parties agree and acknowledge that any and all obligations incurred by either party subsequent to October 8, 2003 the date of filing shall be the sole and separate liability and responsibility of the party incurring the obligation. Each party agrees that he or she will not attempt to, and/or incur any liability financial or Page3 of 11 otherwise, to which the other party may become liable in any capacity direct or indirect. To the extent that such party incurs a liability to which the other party may become liable, the party incurring such obligation shall indemnify and hold harmless the other party from any and all liability arising from any obligation incurred aHer the date of the divorce complaint and/or future obligations. 11. MOTOR VEHICLES AND PERSONAL PROPERTY. A. The parties are the joint owners of a 2002 Chevrolet Camaro, and obligors to an automobile loan currently held with Waypoint Bank. It is hereby agreed as between the parties that Husband shall purchase the vehicle promptly after execution of this Agreement and Wife shall pay to Husband the sum of Five Thousand ($5,000.00) Dollars as full and final satisfaction of her portion of the debt on this vehicle. Upon Wife paying this sum, Husband shall be solely responsible for any and all payments and/or expenses related to his ownership of said vehicle. Wife shall cooperate in executing all relevant documentation necessary to transfer full ownership of said vehicle to Husband's name alone. Husband upon receiving the aforementioned sum of Five Thousand ($5,000.00) Dollars shall hold Wife harmless and indemnify Wife in the event he breaches the financial obligation regarding his ownership of said vehicle. Wife shall pay her one-half portion of the ongoing automobile payments to Husband since 6 October 2004 and shall pay to Husband any automobile payments that are delinquent which include the payments for November and December of 2004 and January of 2005, plus any and all late fees, Wife shall also pay one half of the registration, inspection, maintenance, and insurance on this vehicle up until Husband's purchase of said vehicle. Wife shall continue to make her one half payment towards the automobile payments until Husband purchases the vehicle. Husband shall have thirty (30) days from the date Wife makes the payment of Five Thousand ($5,000.00) Dollars to him to purchase the vehicle and to payoff and satisfy the automobile loan owed to Waypoint Bank. Page 4 of II B. Furthermore, Wife shall return to Husband three black plastic pieces, leather case, remote, and second set of k€lYs, all of which are items that initially came with the motor vehicle. C. Wife shall surrender to Husband the diamond ring that was acquired by the parties prior to their marriage and shall release and relinquish any and all claims to said ring to Husband and convey all rights of ownership legal, equitable, and possessory to Husband solely. Wife shall meet Husband at a certified jeweler and shall pay the cost of an l!Valuation of the ring to determine its authenticity. D. The parties hereto have divided equally all other items of personal property (except as described within Paragraph 11 herein), consisting of, but not by way of limitation, the household furnishings, appliances, and other household personal property of whatever type, description, and form, between them, and they mutually agree that each party shall from and after the date hereof by the sole and separate owner of all such tangible personal property presently in his or her possession. 12. SUPPORT I ALIMONY PENDENTE LITE. The parties acknowledge that Wife is currently obligated to pay alimony pendente lite to Husband to an order entered by the Domestic Relations Office of Cumberland County, Pennsvlvania, to Docket No. 203- 5727. With regard to spousal support, alimony, and alimony pendente lite, the parties agree as follows: A. Husband shall, within five (5) days after Wife's performance of her obligations under Paragraph 11 of this Agreement, terminate the alimony pendente lite order and will file, or cause his attorney to file, all documents necessary for the termination of the order. B. Wife shall continue to make all payments due under the order until it is terminated and shall, within five (5) days of the termination of the order, pay in full any and all arrears owed under the order on the date of its termination. C. After the termination of the order and Wife's payment of all arrears, neither party shall make any further claim against the other for Page 5 of II spousal support, alimony, or alimony pendente litE', and each party does hereby waive and release any further claim for support, alimony, or alimony pendente lite from the other. 13. PENSION PLANS. The parties release any interest in the opposite spouse's pension, retirement, stocks, bonds, IRA's, or any other interest of whatever kind or whatsoever located and which may have accumulated prior to, during or subsequent to the marriage. 14. COUNSEL FEES AND EXPENSES. Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provisions for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. Each party shall pay their respective counsel fees and shall not advance a claim for contribution from the other party. 15. WAIVERS OF CLAIMS AGAINST ESTATES. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, intestate share, right to take against the will of the other, and the right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, ri~lhts and claims. 16. CONCLUSION OF DIVORCE AND WAIVER OF ATTORNEYS FEES AND COSTS. The parties shall, within five (5) days of Husband's termination of the alimony pendente lite order in accordance with this Agreement, file all necessary documents to conclude the divorce action between them and Wife shall cause her attorney, within five Page 6 of 11 (5) days thereafter, to file and process whatever further documents are required to obtain a final decree in divorce between the parties, in the action previously filed by Wife, by consent. This Agreement shall be incorporated into, but shall not merge with, the final decree in divorce. Each of the parties waives any claim against the other for counsel fees, costs, or expenses except in the event of the breach of this Agreement by either party. 17. BREACH AND ENFORCEMENT. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other such remedies or relief as may be available to him or her, and the party breaching this Agreement should be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, or in Law and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties to not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of Equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over Agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. Page 7 of 11 C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in consequence of any default or breach by the other of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the party seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorne!y's fees and costs of litigation. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect or enforce his or her rights under this Agreement. 18. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 19. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect have been completely reviewed by the parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been tequested by each of them. 20. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the division and distribution of marital and Page 8 of 11 I. separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 401 (d) of the Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing any provision of this Agreement. 21. DISCLOSURE. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other party of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 22. MODIFICATION AND WAIVER. A modification and waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 23. PRIOR AGREEMENT. It is understood and agreed that any and all property settlement Agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect as well as any verbal Agreements or representations occurring prior to the effective date of this instrument. 24. 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. 25. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and Agreement. Page 9 of II 'I 'I 26. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 27, VOID CLAUSES. If any terms, conditions, 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. 28. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs; executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have set their hand and seals the day and year first above written intending to be legally bound. ANNA C. NASTELLI ANNA C. SMITH A Page 10 of 11 COMMONWEALTH OF PENNSYLVANIA SS.: COUNTY OF CUMBERLAND On this, the day of , 2005, before me, the undersigned officer, personally appeared ANNA C. NASTELLI known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ( SS.: ) On this, the day of , 2005, before me, the undersigned officer, personally appeared ANNA C. SMITH known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA ) ( SS.: ) COUNTY OF CUMBERLAND On this, the I~ay oi}) Y11 III () I h005, before me, the undersigned officer, personally appeared ALAN W. N~TELLI kn;;:rn; ;;:;;;(;;';'~f~ctoriIY proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. I~' . 1),. IV) sian Expires: Page 11 of 11 NOTARIAL SEAL AMY M. HARKINS. NOTARY PUBLIC L[MOYNE BORD.. CUMBERLAND COUNlY MY COMMISSION EXPIRES JAN. 31. 1005 ..---- ~ '.> ,.' .' L/'\ - 'I ANNA C. NASTELLI, a/k/a ANNA SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-5727 CIVIL TERM ALAN W. NASTELLI, Defendant IN DIVORCE AFFIDA vir OF CONSEII/T 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 31 October 2003 and served upon the Defendant on or about 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filin~1 of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and 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. fk Date "/~iA' 1A " ,f I i "J, if / ./ ",-' ( I,', r //j/[ (/) .. '-. A'i::n, W. NASTELLI ;) LaJ<) / ,\ ..';", C' - ----- 'I ANNA C. NASTELLI, a/k/a ANNA SMITH, Plaintiff IIN THE COURT OF COMMON I~LEAS OF CUMBERLAND COUNTY, PENNSYL V ANJA vs. CIVIL ACTION - LAW NO. 2003-5727 CIVIL TERM ALAN W. NASTELLI, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO BEQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 Ie) 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 subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. -re.b " 2m-) Date /(jy //l Lv[vt~~ ALAN W. NASiELLI --------- -~:~, V. - ;/ "/~ 0.2 - ~"l~ 7 C/utc..., /~ OWI...8La--f.c 09 ~~QlCL - . ..~~ . ----. , ,,~. '-:,"---...,- ~""".". · Complele/tema 1/2. lII1d 3. AIeo complete Item 4 W ReeIrl..lIod 0eIhrery 18 desired. · Prlntyour-lIl1d~onllte_ 80 Ihat we can /8lUrn lite card to you. · Attach this card to lite back of lite ma/lp/6ce or on lite flont W 8I*e permjts. . 1._~to: Alan W. Nastelli 651 Georgian Place Harrisburg PA 17111 3.~l\Ipe ~ Moil C Expmoa Moll C ...,.. "'" C Return IloOOIpt fer"'" - _L C '- Moil C C.M. 4. F1.sH.bod DolNory? iI1>tnl ""') C ~ 7003 3110 DODD 7769 4952 2.::J:trJ....k.,J~ PS Fonn 3811. February 2004 Domestic Return Receipt t~--M-1540 . ~_i;.2;_8.""" CCltliplele ltem 41f1ll.,.n. '1illlIIiNIlV1a lleoIAd. . Print your ...._........on the_ 80 II-' we C>lln /8lUrn the ClI!lliI to you. . A\laChIhla.....lcl~ boIl:I!afthe malIpIece. rIl on theflont If" permits. 1.ArtIcle~to: fJ ~pJ WNA5ff;LL., /Q'51 GeorqiLn PI Uf- ~~I>bvY71 ?" 11/11 ,I CAQonl C~ '. by( ]~;jqlr- D. 18d811v81y..... __ IbIm 17 C "'" ffves._~_boIow: C No 3. _l\Ipe C CorlfIItd Moll C .........14oIl [J ReQllt.ed 0 f1eIum Receipt for M.....k .JI A C 1_ Moil C C.O.D. 4. F1wtl led Ilo4IV8ly? jE/<Ino Fee) C Yoo 2.__ (lIornoformn_1oboI) I"Sf1orm\!811j+u~~oql i:: " i 7003 1010 0001 1194 2466 Panestfc Return Receipt " I' i' 102595-02-M-1lWO . r-,,:;P ~. <.". , "'-) , .' -n (\ rq , <:,.".1 cr )" ~.; ~.) -~ ~,::)1 ~l~{; .~ c.rt C> IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL VANIA ANNA C. NASTELLI, PLAINTIFF, Civil Action---Divorce Docket No. 03-5727 V. ALAN W. NASTELLI, DEFENDANT, PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Please Transmit the record, together with the following mformation. to the court for entry of a divorce' decree: I. Grounds for divorce: in-etrievable breakdown under Section 3301(C) of the Divorce Code. 2. The complaint in Divorce was filed on the 31;t, day of October. 2003 and Reinstated on the 27'" day of May 2004 and served by way of Certified Mail Return Receipt on the 4th day of December 2003 and the 4th day of June 2004 respectively. 3. The plamtiff. signed her Affidavit of Consent and Waiver of Notice of Entry of a Divorce Ilene'" 011 the 17'" day of January 2005 which is attached hereto. ~. The defendant signed his AffIdaVit of Consent and Waiver of Notice on the I" day of February 2005. 5 There arc no related claims pending as between the parties hereto and listed herein to the extent that all mantal issues have been settled by way of a lllarital separation agreement dated 12'h dav "I' Jalluary 2005. 6. The delendant signed a Waiver of Notice of Intention to Request Entry of Divorce Deeree Oil the i' day of February 2005 a copy of which IS attached hereto. Date: 2/15/2005 -- In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ALAN W. NASTELLI ) Docker Number 03-5727 CIVIL Plaintiff ) VS. ) PACSES Case Number 807106684 ANNA SMITH ) Defendant ) Other State ID Number Qrder AND NOW to wit, this FEBRUARY 9, 2005 it is hereby Qrdered that: THE FEBRUARY 4, 2005 ORDER IS AMENDED TO CORRECT THE EFFECTIVE DATE OF TERMINATION FOR JANUARY 26, 2005. DRO: RJ Shadday xc: plaintiff defendont Samuel Andes, Esquire Gregory Hazlett, Esquire BY THE COURT: ~~1~ ley JUDGE Service Type M Fonn OE-OOl Worker ID 21005 ,- .. :.n \' ('-~, ---- ;+!'j.;:+::f. :f:f:f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :f'j.;'tO:f+:;f.'tO;+:;f. :+ :+Of.:+:f.:f.:f.:f :+:+: Of.:f.:f.;+::f0f.:f.'fo;;+::f.:f. :f.'f:f.:+ :f.:f.'fo;'f:f.:f.:f.:f.'fo;'f:+:+::f.:f.:f.:+::+;f.:+Of. :+::f.:+: :f.'f+':+::f.:f.:f.:++':+::f.:f.~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'f 'f 'f 'to 'f 'f :f Of.:+ :f:+: 'to Of Of:+: Of Of 'f :f 'to 'f Of 'to ;+: 'to ;+: + Of:f ;+: +. :+: ,+,'+' IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF <\!'IN<\ C. N<\STFI I I PI <\INTlI<I< VERSUS ALAN W. NASTELLl DEFENDANT AND NOW, DECREED THAT PENNA. No. 03-572 7 DECREE IN DIVORCE ~ '- 2..7 ?OO"' , IT IS ORDERED AND ANNA C. NASTELLl, , PLAI NTI FF, AND ALAN W. NASTELLl, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO.R~IN THIS ACTION FOR YET BEEN ENTERED; \\J~ WHICH A FINAL ORDER HAS NOT The Marital Se aration A reement executed on the 12th dav of Januarv 2005 shall be BY T Incorporated into the Divorce Decree and shall not ATTEST: J. ~...~ / ~ PROTHONOTARY :f :+ Of:f.:f +.:f Of. + 'f;+: 'fo;:f. + 'to l' Of. T;t' 'to;+: +: +: 'f;+: Of.;t' _~ _~ f'- ~ ~ sa}rc_e #p -77/P P f!- ~ ~ -p?) 5O)('-C -#, i . IN THE COURT QF COMMON PLEAS QF CUMBERLAND COUNTY, PENNSYL VANIA A /J rJ /t Q. 10 /1-S J-ELL I Plaintiff Vs File No. 0 "?J - 5 7 ;; 7 IN DIVQRCE AL-f't tJ iAJ ;\1 ft'"-, rEL-L I Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff I defendant in the above matter, [select one by marking "x"] _ prior to the entry of a Final Decree in Divorce, or ~ after the entry ofa Final Decree in Divorce dated Ftbr~ua(~ J3, JO{)5 hereby elects to resume the prior surname of it/vIi/A G:trolinc SOIl M , and gives this written notice avowing his I her intention pur?\ant to thelrovisions of 54 P.S. 704. Date: ~3(Lpr 05 CY[C/M ~0iL1L,,-l!ddJ../ Signature a~ CdJw--&/luuJnuIf_) Signature of name -being resumed COMMONWE~TH OF PENNSYLVANIA COUNTY OF (!f,1YI &. (~ ) On the -.dL day of Or".p , 200~, before me, the Prothonotary or the 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 I she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. NOTARIAL SEAL h .,'~A9THONOTARY. NOTARY PUBLIC . ,. ~lS';' cUMBERlANO COUNTY COURT HOUSE .AY I .,MMISSION EXPIRES JANUARY 2 2006 -.... _.....h..,...__ . T/- ....,::1 ,,"','.- \~:~~ \y :-:;~ S,2(,) \.-\....-y 'F;r;:'l '1 ,~-: CP' u)L...:- ~\.0 u...--:;;' \~ '6 <;) \5"> Q ~ cP C-J C~ c-- ..6.- l,rJ C~? "" C-' ---::J' ~ <J" ~~ (y /' V?r..... ~ . o \.r <J ~O.h ~ t, cy <.J~