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HomeMy WebLinkAbout03-6278IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Shelley Rachel Hart-Wiley, Plaintiff 415 East Coover Street Mechanicsburg, Pennsylvania 17055 010-64-2206 Shawn Damon Wiley, Defendant 357 Beverly Boulevard Upper Darby, Pennsylvania19082 027-52-6500 § CIVIL ACTION - LAW § CASE NO. § IN DIVORCE TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court for: [] Divorce [] Support [] Division of Property [] Temporary Alimony [] Costs [] Annulment of Marriage [] Custody and visitation [] Alimony [] Attorney You have been sued in Court. If you wish to defend against the claims set forth on the other side of this page, 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 this paper by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of you child or children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselo,~s is a~aila~ble in the Office of the Prothonotary at the CUMBERLAND County Courthouse, in (.~//'$ f'~.- , PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE DIVORCE OF 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. Office of the Prothonotary CUMBERLAND County Courthouse Telephone( ). IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Shelley Rachel Hart-Wiley, Plaintiff 415 East Coover Street Mechanicsburg, Pennsylvania 17055 010-64-2206 Shawn Damon Wiley, Defendant 357 Beverly Boulevard Upper Darby, Pennsylvania19082 027-52-6500 § CIVIL ACTION - LAW § CASE NO. § IN DIVORCE TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court for divorce. If you wish to defend against the claims set forth on the other side of this page, 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 this paper by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of you child or children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the CUMBERLAND County Courthouse, in Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE DIVORCE OF 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. Office of the Prothonotary CUMBERLAND County Courthouse Carlisle, PA. Telephone(. .) IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Shelley Rachel Hart-Wiley, Plaintiff 415 East Coover Street Mechanicsburg, Pennsylvania 17055 010-64-2206 Shawn Damon Wiley, Defendant 357 Beverly Boulevard Upper Darby, Pennsylvania19082 027-52-6500 CIVIL ACTION - LAW CASE NO. IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Shelley Rachel Hart-Wiley who resides at; 415 East Coover Street; Mechanicsburg, Pennsylvania 17055. 2. Defendant is Shawn Damon Wiley who resides at: 357 Beverly Boulevard; Upper Darby, Pennsylvania 19082. 3. [] Plaintiff and/or [] Defendant have been a bona fide resident(s) of the Commonwealth of Pennsylvania for at least six months immediately prior to commencement of this action. 4. Plaintiff married Defendant on September 12, 1997 at Attleboro, Bristol County, Massachusetts. Attached hereto and marked as Exhibit "A" is the certificate of marriage evidencing said marriage. 5. Neither plaintiff nor defendant is in the military or naval service of the United States or its allies within the provisions of the Soldier's and Sailor's Civil Relief Act of Congress 1940 and its amendments. 6. There has been no prior action of divorce or for annulment between the parties. Complaint for Divorce; Page 1 7.The marriage is irretrievably broken. 8. After 90 days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 9. Plaintiff has been advised that marriage counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in marriage counseling. 10. There are no children born to or adopted by the parties to this marriage and none are expected. WHEREFORE, if both parties file affidavits consenting to a divorce after 90 days have elapsed form the date of filing of this Complaint, Plaintiff respectfully requests that a decree of divorce be entered pursuant to Section 3301(c) of the Divorce Code dissolving the marriage between the Plaintiff and Defendant. COUNT II REQUEST FOR INCORPORATION OF MARITAL SETTLEMENT AGREEMENT PURSUANT TO SECTIONS 3104(A)(1) AND (3) AND 3323(B) OF THE DIVORCE CODE. Paragraphs 1-10 are incorporated herein and made a part hereof by reference as though fully set forth. The parties have entered into a written Marital Settlement Agreement providing for the distribution of their property, debts, and spousal support, a copy of which is attached hereto and incorporated by this reference the same as if fully set forth at length. Complaint for Divorce; Page 2 WHEREFORE, Plaintiff respectfully requests that this Court approve and incorporate the agreement reached between the parties into the final divorce decree, pursuant to Sections 3104(a)(1 ) and (3) and 3323(b) of the Divorce Code. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of the 18 Pa.C.S. Section 4094 relating to unswom falsification to authorities. Shelley(~chel Hart-Wiley, Pro ~/ SUSn~!O FLOOD CITY Ci EiTK OFFICH OF THE CITY CLERK Government Center, 77 Park Street Attleboro, Massachusetts 02703 508-223-2222 · Fax 508-222-3046  DEPARTMENT OF PUBLIC HEALTH REGISTRY OF VITAL RECORDS AND STATISTICS CERTIFICATE OF MARRIAGE Attlebo=o Sept. ~2, ~997 3 FULL NAME GROOM Shawn D. Wiley 3A SURNAME A~fER MARRIAGE Wilev 4 DATEOFB[RTN [S OCCUPATION Auq. 7. 1963 I Admissions Officer ~O.~ST. 336 ~est Penn S~. TOWN Car~sle ST.. PA ~DE~7013 (ISL 2nd, 3rd, c~c.) 2nd B~V 9 BIRTHPLACE New Bedford, NA lO MALDEN NAME OF~OTH~a LoZ~a La,taD Naves II NAME OF FATHER Lester Richard ~iley (State file number) Attleboro (Cily or town making return) Registered No, /7~ Intention No. (Month) (Day) (Year) /¥ ] 12 FULLNAME RR]DE Shelley Rachel Hart 12A SURNAME AFTER MARRIAGE Hart-Wiley ~3 DATEO~SmTH 1~4 OCCUpATiON Juiy 30, 1972 IExecutive Secretary ~ RESIDENCE 336 NO.~,ST. West Penn St. CITY/ ZIP TOWN Carlisle ST. PA__~CODE 17013 16 NUMBEROF I I? WIDOWED MARRIAGE I OR DIVORCED (Isl, 2nd, 3rd, etc.) I8 BIRTHPLACE Attleboro, MA (City or town) (State or country) 19 MAIDEN NAME OF MOTHER Alice Oiive Gravel 20 NAME OF F^TNER Donald Richard Hart 21 THE INTENTION OF MARRIAGE by the above-mentioned persons was duly entered by me in the records of the Communiiy of Attlehnrn according to law, this ~__ day or ,I.ly ~.97 ~ COURT WAIVER Issued ,hi'IV (Nan~fif C°mm~j~7 by ~,,~,' ~ ~.~- ~ AGE ORDER (Month) -- (Day) (Year) (Cily or Town ~erk or Registrar) ~ ~ (Name~f~ ~Wwn (~nth) (Day~ , . (Year). 23 Cerdficatcr,cordedbycilyormwncter, September 17, ~997 ~~ (Month) (Da~) (Year) CLERK OR REGISTRAR I, ~E LN3E~, HEREBY C~I.U-Y THAT I R4 THE Cd3~ OF ~E Gl-Pr OF ATTLEEEFO, 'fl-~T AS SLEH I HAVE CL~IEUY OF ~E FEq33q3S OF 8JSqlHs, NARRTAGES, ~ OFJ~T~S REClg3q~ BY b01d TO BE KEPT IN MY OFFICE; ~ ~ gO HEFEBY OzHIIFY ~ THE ~ IS A TRoE fl~PY FFOq SA33 EECOFOS. ~IINESS MY ~ /~D SEAL THIS 23rd. DAY OF December __,19 97 IT IS ILL~ TO ALTFJ~ OR. ~ ]~IS IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Shelley Rachel Hart-Wiley, Plaintiff 415 East Coover Street Mechanicsburg, Pennsylvania 17055 010-64-2206 Shawn Damon Wiley, Defendant 357 Beverly Boulevard Upper Darby, Pennsylvania19082 027-52-6500 CIVIL ACTION - LAW CASE NO. IN DIVORCE TERM COUNSELING NOTICE RULE 1920.45(a)*(1) The Divorce Code of Pennsylvania requires that you be notified of the availability of counseling where a divorce is sought under any of the following grounds: Section 3301 (a)(6) Indignities Section 3301 (c) Irretrievable breakdown Mutual Consent Section 3301 (d) Irretrievable breakdown Two/Three year separation A list of qualified professions is available for inspection in the Office of the Prothonotary CUMBERLAND County Courthouse Carlisle, PA. Telephone(. .) IN THE COURT OF COMMON PLEAS OF THE OF PENNSYLVANIA COUNTY CUMBERLAND Shelley Rachel Hart-Wiley, Plaintiff 415 East Coover Street Mechanicsburg, Pennsylvania 17055 010-64-2206 Shawn Damon Wiley, Defendant 357 Beverly Boulevard Upper Darby, Pennsylvania19082 027-52-6500 JUDICIAL DISTRICT CIVIL ACTION - LAW CASE NO. IN DIVORCE TERM AFFIDAVIT OF NON-MILITARY SERVICE Shelley Rachel Hart-Wiley, being duly sworn according to Law, deposes and says that Plaintiff knows by Plaintiff's own personal knowledge and therefore avers that the defendant, Shawn Damon Wiley, is 40 years of age and that Defendant is not in the military service of the United States or its allies, or otherwise within the provision of the Soldier's and Sailor's Civil Relief Act of Congress 1940 and its amendments and that the defendant is employed by Penn State University. Date: I~-- 3- O 3 ~orn to and subscribed before me this the Shelley ~_~chel Hart-Wiley, Plaintif[.._J day of COMMONWEALTH OF PENNSYLVANIA Notarial Seat ... L~da. C. Beaty, Notary Public ~uv~r ~prmg Twp. Cumberland County My Commls~iofl Expires Oct. 29, 2007 Member, Pennsylvania Association of Notedes IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Shelley Rachel Hart-Wiley, Plaintiff 415 East Coover Street Mechanicsburg, Pennsylvania 17055 010-64-2206 Shawn Damon Wiley, Defendant 357 Beverly Boulevard Upper Darby, Pennsylvania19082 027-52-6500 § CIVIL ACTION - LAW § CASE NO. § IN DIVORCE TERM ACCEPTANCE OF SERVICE I, Shawn Damon Wiley, am the Defendant in the above entitled case and I do hereby accept service of the Complaint in Divorce filed in the above-captioned matter. Date Shawn Damon Wiley, defendant IN THE COURT OF COMMON PLEAS OF THE __ JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Shelley Rachel Hart-Wiley, Plaintiff 415 East Coover Street Mechanicsburg, Pennsylvania 17055 010-64-2206 Shawn Damon Wiley, Defendant 357 Bevedy Boulevard Upper Darby, Pennsylvania19082 027-52-6500 § CIVIL ACTION - LAW § 03- C;v;i § CASE NO. § IN DIVORCE TERM AFFIDAVIT AS TO SIGNATURE Shelley Rachel Hart-Wiley, being duly sworn according to law, deposes and says that Shelley Rachel Hart-Wiley is the Plaintiff in the above-captioned divorce action; that Shelley Rachel Hart-Wiley is familiar with the signature of the Defendant; and that the signature on the Acceptance of ServJce attached hereto as Exhibit '%" is the signature of the Defendant, Shawn Damon Wiley. Sv)~rn to and subscribed before me this the/~'~/~ day of Notary Public DOCK[? ?40TION OF PPAECImF TO RE-INSTATE COMPI;AINT %, AI, FOYS? PERCY FEW, TT[~ P?-AINTYFF IN THE AMOVE CAPTION '~ST~EP ~OVF$ PURSUANT TO RULE ~106 PENNSYLVANIA RULES OF CTV!L P¥~OCFC, UKE ~O};i SUBSTIIUTION, REISSUANCE AND EXPIRATION ~?F %~RIT TO }{AVE T?F AFOVE CAFTIONED CASE COMPLAINT 9EINSTA'"ED. B. THE I{RIT MAYBE ISSUE A~ THIS TIME WITH T~SE WORDS TO THE C. THE NRI~ NAMES THE SAME PARTIES WITH NOTE HEREIN 'PHAT ~FHE hART!ES NOW ARE ~MP[.OYFFD AT S.C.I. ~AVET'PE PRISON BECAUSE S.C.i. Z:I~TSRYIRGH tN ALLEGHENY COUNT~ IS CLOSING RND THE PARTIES HAVE TRANSFERRED TO S.C.I. F~YETTE AS WELL AS THIS PL~IHT!FF UNDER THE SAME CONDITIONS CITED IN THE COMPLAIN?. SHALL 5E VALID FC~ 90 D~Y~ ~0W W~!CH 7'I~fE SHERIFFS SHALL SERVE THE DEFENDANTS _WHOM NOW ARE EMPLOYED AT S.C.I. ,FAYETTE Ltl__ ALFONSO ~FgCY P~W ~ ~ NUMBFR: B t'-7263 3 SOX. 99PS LAB?ALE, PA, ~5450-0999 Office of the Prothonotary Cumberland County Curtis R. Long Prothonotary P.O. Bqx 999~ Pittsb~gh, PA 15233 Febma~ 3, 2003 Docket # 03-6287 Mr. Pew; You were granted IFP along with service from the Sheriff. The Cumberland County Sheriff sent your Complaint to Allegheny County Sheriff to serve on all defendants. Allegheny County went to serve your complaint and noticed the time frame to serve it was expired. Bottom line is you need to send a Praecipe to reinstate the complaint. Service will then be done in a timely manner. Sincerely Cumberland County Prothonotary Office IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Shelley Rachel Hart-Wiley, Plaintiff 415 East Coover Street Mechanicsburg, Pennsylvania 17055 010-64-2206 Shawn Damon Wiley, Defendant 357 Beverly Boulevard Upper Darby, Pennsylvania19082 027-52-6500 CIVIL ACTION - LAW CASE NO, TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on theSr~.day of '~)-~__-c,.p_.l~-~:~P.~r- 2.003 2. The marriage between the parties hereto is irretrievably broken. Ninety days have elapsed since the filing of the Complaint. 3. I am aware that marriage counseling is available and do not desire said counseling. 4. I state that I have read copies of the Complaint for Divorce Under Section 3301(c) of the Divorce Code, and I understand said Complaint. I waive any pleading periods and notices there may be. 5. I hereby enter my consent to the entry of a final decree of divorce. 6. 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. 7. 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 unswom falsification to authorities. Dated: ~P~o~-c.,~, I0~ 7,.009 Shelley R(~../hel Hart-Wiley, Plaintiff ~..../ IN THE COURT OF COMMON PLEAS OF THE ____JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Shelley Rachel Hart-Wiley, Plaintiff 415 East Coover Street Mechanicsburg, Pennsylvania 17055 010-64-2206 Shawn Damon Wiley, Defendant 357 Beverly Boulevard Upper Darby, Pennsylvania19082 027-52-6500 § CIVIL ACTION - LAW § C'; ~,- ~ '2 7S" ~"]iv, I TERM § CASE NO. § DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on the3~-~,day of ~)¢-.-~-~.,¢,~-4'- ., ~.003 2. The marriage between the parties hereto is irretrievably broken. Ninety days have elapsed since the filing of the Complaint. 3. I am aware that marriage counseling is available and do not desire said counseling. 4. I state that I have read copies of the Complaint for Divorce Under Section 3301 (c) of the Divorce Code, and I understand said Complaint. I waive any pleading periods and notices there may be. 5. I hereby enter my consent to the entry of a final decree of divorce. 6. 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. 7. I vedfy 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 4904t 14'-~ Clot/relating. 1 to unswom~{.i0~.~ falsification to authorities.i,~L -"'/) -¢~''-' Dated: I~1 _./__ Shawn Damon Wiley, Defendant IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Shelley Rachel Hart-Wiley, Plaintiff 415 East Coover Street Mechanicsburg, Pennsylvania 17055 717-877-4544 VS. Shawn Damon Wiley, Defendant 357 Beverly Boulevard Upper Darby, Pennsylvania 19082 717-372-4415 CIVIL ACTION - LAW 03-62 7g ;v;I TERM CASE NO. MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into this the l~Odx day of P4a~-C~ , ']_.00~ between Shelley Rachel Hart-Wiley, residing at 415 East Coover Street, Mechanicsburg, Pennsylvania 17055 andShawn Damon Wiley, residing at 357 Beverly Boulevard, Upper Darby, Pennsylvania 19082. WHEREAS we were married to each other at on September 12, 1997 and lived as husband and wife until such time as we separated on January 19, 2002 and have remained in a bona fide state of separation since that time; WHEREAS a permanent breakdown of the marriage has arisen between us and we are now living separate and apart from each other; and WHEREAS we now intend, by this agreement, to make a final and complete settlement of all of our of our rights and obligations concerning division of property, spousal support, and employee retirement benefits; and WHEREAS in consideration of the premises and mutual promises and undertakings herein contained, and for other good and valuable consideration, the parties agree to the following: I. TIlE PARTIES AGREE to live separate and apart from the other party, with the intention thereafter never again to resume the marital relationship, free from any control, restraint or interference, direct of indirect with the other party, and in all respects to live as if he or she were sole and unmarried. MUTUAL RELEASE: Wife and Husband from this date and at all time hereafter may purchase, acquire, own, hold, possess, encumber, dispose of and convey all classes and kinds of property both real and personal as though unmarried and free from the consent, joinder and interference of the other party, it being the understanding and agreement on the part of each of the parties hereto that in the sale, transfer and conveyance of any property hereafter, real or personal, it shall not be necessary in order for the grantee to have good title, that the other party hereto shall sign and execute to the grantee the deed, conveyance, deed of trust, mortgage or bill of sale conveying or selling the property; it being the agreement and covenant of the parties hereto that each has forever ]released and discharged the property of the other from all claims, interest and estate on his or her part, and that each shall be in the same position as if such party were single or married. II. DIVISION OF PROPERTY: We agree to divide the property of our marital estate as follows: 1. Shelley Rachel Hart-Wiley Transfers to Shawn Damon Wiley as sole and separate property, and Shelley Rachel Hart-Wiley is divested of all right, title, and interest in and to the following property: Household Furniture, etc. All household furniture, furnishings, fixtures, goods, appliances, and equipment in the possession of or subject to the control of Shawn Damon Wiley. Clothing, etc. All clothing, jewelry, and other personal effects in the possession of or subject to the control of Shawn Damon Wiley. Cash. All cash in the possession of or subject to the :sole control of Shawn Damon Wiley. Checking Accounts. All checking accounts at all b~raks or other financial institutions which stand in the sole name of Shawn Damon Wiley or from which Shawn Damon Wiley has the sole right to withdraw funds. Credit Union Accounts. All credit union accounts at all credit unions which stand in the sole name of Shawn Damon Wiley or from which Shawn Damon Wiley has the sole right to withdraw funds: Certificates of Deposit. All certificates of deposit at all banks or other financial institutions which stand in the sole name of Shawn Damon Wiley or from which Shawn Damon Wiley has the sole right to withdraw funds. Vehicle. The vehicle described as a 1997 Nissan Maxima with vehicle identification number JN 1 CA21DOVT836486 including all prepaid insurance, keys, and title documents. The property has a lien against it payable to PSECU on loan number 8606078759 (L11). 2nd Vehicle. The vehicle described as a 1994 Geo Prizm with vehicle identification number 1 Y1 SK5367RZ075931 including all prepaid insurance, keys, and title documents. Life Insurance. All policies of life insurance insuring the life of Shawn Damon Wiley. Employment Benefits. All sums and all rights related to any profit sharing plan, retirement plan, pension plan, or like benefit program existing by reason of Shawn Damon Wiley's past, present, or future employment and not otherwise awarded to Shelley Rachel Hart-Wiley in this agreement. Family Pets. Dog Jacque; however, Pepere, Emie and Jacque will be shared equally between Plaintiff and Defendant. If defendant is unable to care for Jacque due to death or other circumstances, then primary care/ownership will be given to plaintiff. 2. Shawn Damon Wiley Transfers to Shelley Rachel Hart-Wiley as sole and separate property and Shawn Damon Wiley is divested of all right, title, and interest in and to the following property: Household Furniture, etc. All household furniture, fhrnishings, fixtures, goods, appliances, and equipment in the possession of or subject to the sole control of Shelley Rachel Hart-Wiley. Clothing, etc. All clothing, jewelry, and other personal effects in the possession of or subject to the sole control of Shelley Rachel Hart-Wiley. Cash. All cash in the possession of or subject to the sole control of Shelley Rachel Hart- Wiley. Checking Accounts. All checking accounts at all banks or other financial institutions which stand in Shelley Rachel Hart-Wiley's sole name or from which Shelley Rachel Hart-Wiley has the sole right to withdraw funds. Credit Union Accounts. All credit union accounts at all credit unions which stand in the sole name of Shelley Rachel Hart-Wiley or from which Shelley Rachel Hart-Wiley has the sole right to withdraw funds: Certificates of Deposit. All certificates of deposit at all banks or other financial institutions which stand in the sole name of Shelley Rachel Hart-Wiley or from which Shelley Rachel Hart-Wiley has the sole right to withdraw funds. Vehicle. The vehicle described as a 1998 Nissan Altima with vehicle identification number 1N4DL01D1WC173954 together with all prepaid insurance, keys, and title documents. The property has a lien against it payable to PSECU with loan number 8606078759 (L10). Life Insurance. All policies of life insurance insuring the life of Shelley Rachel Ham Wiley. Employment Benefits. All sums and all fights relatecl to any profit sharing plan, retirement plan, pension plan, or like benefit program existing by reason of Shelley Rachel Hart-Wiley's past, present, or future employment and not otherwise awarded to Shawn Damon Wiley in this agreement. Family Pets. Dogs Pepere and Ernie; however, Pepere, Ernie and Jacque will be shared between Plaintiff and Defendant. IfPlaintiffis unable to care for Pepere and Emie due to death or other circumstances, then primary care/ovmership will be given to defendant. DEBTS TO BE PAID BY Shawn Damon Wiley Shawn Damon Wiley shall pay, as a part of the division of the estate of the parties, the following and shall indemnify and hold Shelley Rachel Hart-Wiley zmd Shelley Rachel Hart-Wiley's property harmless from any failure to so discharge these items: Vehicle. One promissory note, payable to the order of PSECU with loan number 8606078759 (LI 1). The note is secured by a lien against vehicle described, as a 1997 Nissan Maxima with vehicle identification number JN 1 CA21DOVT836486. A lien is recorded by financing statement in the proper office in the county and state. Accounts. All amounts owing as of the date of this agreement on the following accounts: Company Fleet Credit Card Account # Balance ending in 7597 $6,492.02 Any and all other cards and debt held in husband's name. Any and all debts, charges, liabilities, and other obligations incurred solely by Shawn Damon Wiley from and after the parties date of separation unless express provision is made in this agreement to the contrary. All debt associated with any property awarded to Shawn Damon Wiley DEBTS TO BE PAID BY Shelley Rachel Hart-Wiley Shelley Rachel Hart-Wiley shall pay, as a part of the division of the estate of the parties, the following and shall indemnify and hold Shawn Damon Wiley and Shawn Damon Wile3/s property harmless from any failure to so discharge these items: Vehicle. One promissory note payable to the order of PSECU loan number 8606078759 (L10). The note is secured by a lien against vehicle described as a 1998 Nissan Altima with vehicle identification number 1N4DL01D 1WC 173954. A lien is recorded by financing statement in the proper office in the county and state. Accounts. All amounts owing as of the date of this agreement on the following accounts: Company Account # Balance Bank of America Credit Card ending in 7958 $5,256.00 Any and all other cards and debt currently held in wife's name. Any and all debts, charges, liabilities, and other obligations incurred solely by Shelley Rachel Hart-Wiley from and after the parties' date of separation unless express provision is made in this agreement to the contrary. All debt associated with any property awarded to Shelley Rachel Hart-Wiley. III. NOTICE Each party shall send to the other party, within three days of its receipt, a copy of any correspondence from creditor or taxing authority concerning any potential liability of the other party. iV. ALIMONY - MAINTENANCE: Both parties agree to waive any rights or claims that either may now have or in the future to receive alimony, maintenance, or spousal support from each other. Both parties understand the full import of this provision. V. NECESSARY DOCUMENTS: THE PARTIES AGREE TO EXECUTE AND DELIVER TO the other party any documents that may be reasonably required to accomplish the intention of this instrument and shall do all other necessary things to this end. VI. SUBSEQUENT DISSOLUTION OF MARRIAGE: It is agreed that this Agreement may be offered into evidence by either party in any dissolution of marriage proceeding, and if acceptable to the Court, this Agreement shall be incorporated by reference in any Final Judgment that may be rendered. However, notwithstanding incorporation in the Final Judgment, this Agreement shall not be merged in but shall survive the Final Judgement and be binding on the patties for all times. VII. AGREEMENT DESIGNED TO FACILITATE A DIVORCE OR DISSOLUTION OF THE PARTIES' MARRIAGE: This Agreement is entered into with the express intent to facilitate encourage, aid, and in any other manner lead to a divorce and or dissolution of the marriage between the parties hereto. VIII. SUBSEQUENT DISSOLUTION OF MARRIAGE: Respondent/Defendant herein, acknowledges receipt of a copy of the documents to be filed herein with this agreement of the parties attached as Exhibit "A", and states that he/she has read and understands the same. It is agreed that this Agreement shall be offered into evidence by either party in any dissolution of marriage proceeding, and if acceptable to the Court, this Agreement shall be incorporated by reference in any Final Judgment that may be rendered, and the parties shall be ordered to comply with all its provisions, and all warranties and remedies provided in this agreement shall be preserved. However, notwithstanding incorporation in the Final Judgment, this Agreement shall not be merged in but shall survive the Final Judgement and be binding on the parties fbr all times. IX. REPRESENTATION: The parties represent to each other: (a) Each had the right to independent counsel. Each party fully understands their legal rights and each is signing this Agreement fi-eely and voluntarily, intending to be bound by it. (b) Each has made a full disclosure to the other of his or her current financial condition. (c) Each understands and agrees that this Agreement is intended to be the full and entire contract of the parties. (d) Each agrees that this Agreement and each provision of it is expressly made binding upon the heirs, assigns, executors, administrators, successors in interest and representatives of each party. X. WAIVER OF BREACH: No waiver of any breach by any party of the terms of this Agreement shall be deemed a waiver of any subsequent breach. XI. ENFORCEMENT OF THE AGREEMENT: Both parties agree that the Court granting the divorce, at the mquea of either party, insert in the Final Judgment a reservation of jurisdiction for the purpose of compelling either party to perform this Agreement, or any part thereof. The prevailing party shall be entitled to attorney's fees in connection with such proceeding. XII. GOVERNING LAW: This Agreement shall be interpreted and governed by the laws of the State of Pennsylvania. XIIL WAIVER OF SERVICE OF PROCESS AND FILING AN ANSWER: Defendant herein, acknowledges receipt of a copy of the documents to be filed herein, and states that he/she has read and understands the same, hereby waives the issuance, sev~ice, and retum of process upon him/her in this action enters a voluntary appearance in this cause, waiving all time and right to plead, answer or appear in this action, and consents that the same may be set down fur trial and heard by the court at any time hereafter without notice to, and in the absence of, this Defendant. XIV. WAIVER OF EMPLOYEE AND/OR MILITARY RETAINER OR RETIREMENT BENEFITS: Both parties agree to waive any rights, interests, or claims, that either may now have or in the future to receive employee and/or military retainer or retirement benefits resulting from the past, present or future employment and/or service of the other party in the Armed Forces of the United States. Both parties understand the full import of this provision. XV. CHANGE OF NAME: The parties agree that the Wife may have her name changed or restored to Shelley Rachel Hart. SIGNED ON THIS THE I~q{x day of ~'\C~['~'¢:~, , 2~'q' . Shawn Damon Wiley, Defendant STATE OF Pennsylvania § COUNTY OF~, ~-, §ss. Before me, the undersigned, a Notary Public, on this ~" day of//{L~/~'/~ , ~Q/, personally appeared the above named Defendant, Shawn Damon Wiley, to me known to be the identical person who executed the above and foregoing Marital Settlement Agreement and personally acknowledged to me that he/she read, understood and signed the same; and that he/she executed the same as his/her free and voluntary act and deed for the uses and purposes therein set forth. 1N WITNESS WHEREOF, I have hereunto affixed my signalmre and/~fficial seal th/~/~y and date heretofore stated. ~~ MY; (~l~leOx~ ~'el~l S Y LVAN IA / /7 ~'- Notary Public Bevedy L. Brown, Notay Public City Of Harrisburg, Dauphin County ~v c;ommission Expires May 24, 2007 SIGNED ON THIS THE ..~ day Shelley Rac~l Hart-Wiley, Plaintiff STATE OF Pennsylvania § COUNTY OF~ §ss. BeforeI>~a,.f~,l.-,me, the undersigned, a Notary Public on this /o/'"day of//~Z'~. ~ ,2~, personally appeared the above named Petitioner/Plaintiff, Shelley Rachel Hart-Wiley, to me known to be the identical person who executed the above and foregoing Marital Settlement Agreement and personally acknowledged to me that he/she read, understood and signed the same; and that he/she executed the same as his/her free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto affixed my signature and official seal the day and date heretofore stated. My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Bevedy L. Brown, Nola~y Public City Of Harrisburg, Dauphin County My Commission Expires May 24, 2007 Member, Pennsylvania Assode~ Of Notaries / k~ /~ootary Public IN THE COURT OF COMMON PLEAS OF THE _____JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Shelley Rachel Hart-Wiley, Plaintiff 415 East Coover Street Mechanicsburg, Pennsylvania 17055 010-64-2206 Shawn Damon Wiley, Defendant 357 Beverly Boulevard Upper Darby, Pennsylvania19082 027-52-6500 CIVIL ACTION - LAW CASE NO. IN DIVORCE NOTICE OF INTENT TO FILE PRAECIPE TO TRANSMIT You are hereby given notice that ten (10) days following mailing cf this notice, a Praecipe to Transmit Record, together with a proposed Final Decree of Divorce, will be flied in this matter with the Appoint, merit ~lerl~'s Office, Room at in [_,(/~'- Ii ~1.~. , Pennsylvania. Exact copies of the Praecipe and the proposed Final Decree in Divorce are enclosed herewith. After the praecipe and proposed Final Decree in Divorce are flied, you will have a period of ten days during which you may file objections to the entry of the Final Decree based upon this Praecipe. If you dispute any of the information on the Praecipe or Final Decree you must act within that ten-day period. Any objections must be f,i~d in ,/vriti~g with the Appointment Clerk's Offioe, Room __., , (~- I1'.~ L~ , Pennsylvania . If no objections are filed before the expiration of the ten-day pedod, this case will be submitted to lhe Court for entry of the Final Decree. Plaintiff~helley Rachel Hart-Wiley COUNTY, PENNSYLVANIA, FAMILY DIVISION old- I: Plaintiff : vs. : No. ss# O~7-5~-65oo : Defendant : Waiver of Notice of Intention to Request Entry of a Divorce Decree under 6 3301 ~ c or [] d 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 I do not claim them before a divorce is granted. if 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. 6 4904 relating to unsworn falsification to authorities. SWORN and SUBSCRIBED to before.me th}s c~day COMMONWEALTH OF PENNSYLVANIA ~¥ k. Brown, IX~a~ Public C;qt Of l--la~lmr~. ~u~in Co~n~ My Commission Expires May 24, 2007 Member, Pennsyl',,ania As~a~o. Of Notades PENNSYLVANIA, ss# 01oJ-~ ~-%%0~ I: Plaintiff vs. ssff OL7-SZ-6goO : Defendant : FAMILY DIVISION No. Waiver of Notice of Intention to Request Entry of a Divorce Decree under ~ 3301 ~ c or [] d 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. ~ 4904 relating to unsworn falsification to authorities. Defendant SWORN and SUBSCRIBEp/~to before me this. ~ay of f'-CA - , 20~/~ . COMMONWEALTH OF PENNSYLVANIA Notana! Seal Beve~y L. Brown, Nota~J Public City Of Harrisbun~, Dauphin County My Commissk~ E~pires May 24, 2007 IN THE C~JRT OF CC~MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. C'3- ~,Z7[ CIVIL 19 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. Grounds for divorce: irretrievable breakdown under Section 3301 (c) 3~) of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: ~-~- ~OO3 3. Complete either Paragraph A. or B.  Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff by the defendant 3 - ;~ B. (1) Date of execution of the plaintiff's affidavit requJ~ed by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: ~J/~ 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(1)(i) of the Divorce Code IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF ~~~ PENNA. VERSUS PLEAS DECREE IN DIVORCE AND NOW, Z? , 2<~:~/ , IT IS ORDERED AND , PLAINTIFF, , 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; BY THE Cou;/~ PROTHONOTARY 1N THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND Shelley Rachel Hart-Wiley, Plaintiff 415 East Coover Street Mechanicsburg, Pennsylvania 17055 717-877-4544 VS. Shawn Damon Wiley, Defendant 357 Beverly Boulevard Upper Darby, Pennsylvania 19082 717-372-4415 § CIVIL ACTION - LAW § TERM § CASE NO. 03~-~ZTg NOTICE OF INTENTION TO RETAKE PiRIOR NAME Notice is hereby given that the Wife in the above matter, having been granted a Final Decree in Divorce, onthe '~x~tayof ~{9~',[ , ~OiDt~ , hereby elects to retake and hereafter use her previous name of Shelley Rachel Hart and gives this written notice avowing her intention in accordance with the provisions of the Act of December 16, 1982, P.L. 1309, 54 Pa. C.S.A. Sec. 704. Shelle~achel Hart-Wiley TO BE KNOWN AS Shell~//Rachel Hart [ 9 ~4'day of ,~ro~o 5~ , ~OOY _, before me, a Notary Public, Onthe personally appeared Shelley Rachel Hart-Wiley, known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS THEREOF, I have hereunto set my hand and seal. ('~ Q,-_7-N°ta~ylUPuMic COMMONWEALTH OF PENNSYLVANIA Nota~at Seal Ma~ J. ~, Notary Pul~c Sh'ver Spdng Twp., ~ County My Com~ f~sion Expires Nov. 17, 2007 Member, Pennsylvania Association Of Notaries