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HomeMy WebLinkAbout04-0618 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STACEY PLUMLEY, Plaintiff JASON PLUMLEY, Defendant No. 2004- ~nl~> CIVIL ACTION - LAW (In Divorce) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Permsylvania 17013 (7 l 7) 249-3166 Date: SAI~IS,.SHU..EF~, FLOWER & LINDSAY Jind~ay Ging~cl~ Mac'y, Esquire Sup£eme Court ID # 87954 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STACEY PLUMLEY, Plaimiff JASON PLUMLEY, Defendant No. 2004- /~IP ~tt~[~ CIVIL ACTION - LAW (In Divorce) COMPLAINT UNDER SECTION 3301(c~ OR 3301(d~ OF THE DIVORCE CODE COUNT I - DIVORCE 1. Plaintiff is Stacey Plumley, who currently resides at 3013 Lincoln Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Jason Ptumley, who currently resides at 1611 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. Pennsylvania. 5. 2004. 6. Plaintiff and Defendant were married on May 12, 2001 in Cumberland County, Plaintiff and Defendant have been living separate and apart since February 3, There have been no prior actions of divorce or for annulment between the parties. 2 SAIDIS SHUFF, FLOV&_,R & LINDSAY 26 W. High Street 7. Plaimiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. See Plaintiff's Affidavit attached hereto as Exhibit "A" and incorporated herein by reference. 8. The marriage is irretrievably broken. The foregoing facts are averred under Sections 3301 (c) or 3301 (d) of the Divorce Code of 1980, as amended. WHEREFORE, Plaintiff requests Your Honorable Court enter a Decree in Divorce, thereby divorcing Plaintiff and Defendant from the bonds of matrimony. COUNT II - EQUITABLE DISTRIBUTION 9. The allegations in Paragraphs One through Eight, inclusive, are made a part hereof and incorporated herein by reference. 10. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. WHEREFORE, Plaintiff' requests this Honorable Court determine the extem of the marital assets and liabilities and order an equitable distribution thereof. Date: ~O}~tc~ J¢ , ~200c) Respectfully submitted, ~-~Sul3reme Court-ID # 87954 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiff 3 AFFIDAVIT I, Stacey Plumley, being duly swom according to law, depose and say: (1) I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. (2) I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. (3) Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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: Stacey Pluml~, Plaintiff 4 VERIFICATION I verify that the statements made in this Complaim are true and correct to the best of my knowledge, information and belief. 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: Stacey Plumle~ Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STACEY PLUMLEY, Plaintiff JASON PLUMLEY, Defendant No. 2004 - 618 CiVIL ACTION - LAW (In Divorce) CERTIFICATE OF SERVICE AND NOW, this 18th day of February, 2004, I, Lindsay Gingfich Maclay, Esquire, hereby certify the following person was served with a Complaint in Divorce which was filed with regard to the above-referenced matter. The Complaint in Divome was mailed on February 12, 2004, but actual service took place on February 13, 2004, by Defendant signing for a copy of the Complaint in Divorce, which was mailed in the United States Mail, Certified Mail - Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Mr. Jason Plumley 1611 Carlisle Road Camp Hill, Pennsylvania 17011 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully Submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By: / ~l~in~tsay Gi~ricl~ Mac'lay, Esquire (~/Atfomey 1.1~. No. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 26 W. High Street Attorneys for Plaintiff Carlisle, PA Exhibit "A" · Complete items 1, 2 and 3 Also complete item 4 f Restricted Delivery is desired. · Print your name and address on the reverse ~o that we can return the card to you. · Attach this card to the back of the maJJpJece, or on the front jf space permits, 1. A~ticJe Addm.esed to: Mr. Jason, Plumley 1611 Carlisle Road Camp Hill, PA 17011 2. Article Number D. Is d~Ive~ address dh~ecsnt If YES, enter delivery addres~ below: U1 No Servi Ty~e ~fied Mall.~l I_~oress Mail r-1 Registered ~urn Rece pt for Mer~ i-I Insured Mall i-1 C.O,D. 4. Restricted Deliver,? (Em~ ~)~~m~~ (r'~.sferf, o,~$o,,,ica/ab, 700t 2510 0009 1017 8725 PS Form 3811, August 2001 Domestic Return Receipt SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STACEY W. PLUMLEY, Plaintiff JASON W. PLUMLEY, Defendant No. 2004 - 618 CIVIL ACTION - LAW (In Divorce) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this /~/~ day of j~rJ / , 2004, BY and BETWEEN Stacey W. Plumley, of 3013 Lirtcoln Street, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as Wife, AND Jason W. Plumley, of 1611 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECITALS R. 1: The parties hereto are Husband and Wife, having been joined in marriage on May 12, 2001, in Mechanicsburg, Cumberland Coun'Iy, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County in the Commonwealth of Pennsylvania, to Docket Number 2004 - 618, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but net limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, and alimony pendente lite. R4: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. SWP:~,}.I ~ PaRe 1 of 11 JWP SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as it! he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divome decree in the above- captioned divorce action. Upon the execution of this agreement, the parties shall execute and file the Affidavits of Consent and Waiver of Notice Forms necessary to finalize said divorce. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party, at his or her option, to terminate this Agreement. (3) REAL PROPERTY: The parties aclmowledge that they hold title as tenants by the entireties to the premises more commonly identified as 1611 Carlisle Road, Camp Hill, Pennsylvania (hereinafter referred to as the "Marital Residence"). The parties have agreed to list and sell the Marital Residence. At the time of creation of this agreement, the parties had already received a Five Thousand ($5,000.00) Dollar deposit and had entered into a sales agreement in the amount of One Htmdred Twenty-Two Thousand Nine Hundred SWP ,<)~J ~'~ Pal~e 2 of 11 JWP SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA ($122,900.00) Dollars, with regard to the Marital Residence. The sale of the Marital Residence is scheduled to occur on May 28, 2004. Except as otherwise herein provided, until such time as the Marital Residence is sold, Husband agrees to hold Wife harmless for any and all payments associated with the Marital Residence, including, but not limited to, mortgage payments, taxes, homeowner's insurance, and private mortgage insurance. In the event that the Marital Residence needs improvements, whether capital or not, during the pendency of the sale, the parties hereby stipulate and agree to pay and be equally responsible for one-half of the cost of those improvements. If one party advances that cost for the other, that party shall be reimbursed from the other party's portion of the ne~: proceeds of the sale. Upon the sale of the Marital Residence, the parties specifically agree that the net proceeds, after deduction of all expenses, fees and taxes in connection with the sale and after satisfaction of the lien of the existing first mortgage through CountryWide, shall be divided equally between the parties. Both parties agree to cooperate with one another to ensure the prompt sale of the Marital Residence. Both parties agree to execute any and all documents needed to effectuate the sale and subsequent transfer of the Marital Residence to the new owners. (4) DEBT: A. MARITAL DEBT: Other than those debts enumerated within, Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. B: POST SEPARATION DEBT: In the event that either party contracted or incurred any debt since the date of separation on February 3, 2004, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. SWP .~ \/XJ ~ Pa~e 3 of ll JWP'~[/'/? SAIDIS SHUFE FLOWER & LINDSAY 26 W. High Street Carlisle, PA C: FUTURE DEBT: From the date of this agreement neither party shall contract or :incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: The pta'ties acknowledge that Husband is provided a company vehicle through his employment with Johnson & Johnson. Said vehicle will remain in exclusive possession of Husband and Husband and/or his company will be responsible to maintain insurance thereon. Wife relinquishes any right, title and interest she may have to the company vehicle currently in possession of Husband. The parties further acknowledge that With individually holds title to a 1999 Mitsubishi Mirage. Husband relinquishes any right, title and interest he may have to the 1999 Mitsubishi currently in possession of Wife. Said vehicle is currently encumbered by a loan, solely in Wife's name, through Member's First Federal Credit Union. Wife agrees to maintain insurance on the Mitsubishi, continue to pay the loan on same, and hold Husband harmless from any loss thereon. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possessiort whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. SWP ~tx-j ~ Pal~e4ofll JWP SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. Wife acknowledges that the marital property of the parties includes any marital portion of Husband's 401K plan through his employment at Johnson & Johnson. Wife further acknowledges the previous existence of Husband's 401K through Enterprise; however, the parties further acknowledge that Husband's Enterprise 401K was cashed out prior to, or during the course of the marriage. The approximate value of Husband's Johnson & Johnson 401K as of December 31, 2003 was Nine Thousand Three Hundred Seventy- Nine and 17/100 ($9,379.17) Dollars. See Savings Plan Account Statement dated January 3, 2004, attached hereto as Exhibit "A" and incorporated herein by reference. Wife further acknowledges that she has been informed of her right to obtain an independent appraisal of Husband's 401K, and any marital interest therein, and, notwithstanding same, Wife hereby forever waives and relinquishes any right, title, interest or claim she might otherwise have in and to Husband's aforesaid Johnson & Johnson 491K. Husband acknowledges that the marital property of the parties includes any marital portion of Wife's 401K plan through her employment at Handler, Henning & Rosenberg, LLP (hereinafter referred to as "HHR"). The approximate value of Wife's HHR 401K as of December 3l, 2003 was Five Thousand Six Hundred Ninety-One and 89/100 ($5,691.89) Dollars, of which Two Thousand Eight Hundred Fifteen and 12/100 ($2,815.12) Dollars had vested. See American Funds Statement dated October 01 - December 31, 2003, SWP ~ k,'x./~'~ Ua~e5 ofll JWU SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA attached hereto as Exhibit "B" and incorporated herein by reference. Husband further acknowledges that he has been informed of his righ'I to obtain an independent appraisal of Wife's 401K, and any marital interest therein, and, notwithstanding same, Husband hereby forever waives and relinquishes any right, title, interest or claim he might otherwise have in and to Wife's aforesaid HHR 401K. (8) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (9) ATTORNEY'S FEES: Except as otherwise provided herein, each of the parties waives the right to receive a payment for counsel fees form the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. (10) ADVICE OF COUNSEL: The parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Lindsay Gingrich Maclay, Esquire, of Saidis, Shuff, Flower & Lindsay, and that Husband, cognizant of his right to legal representation, declares that it is his express, voluntary and knowing intention not to avail himself of her right to counsel and chooses instead to represent himself with respect to the preparation and execution of this agreement. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from SWP~kJ~/~') Paffe 6 of ll JWP ,J'~D SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. (11) 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, within five (5) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provision:~ of this Agreement. (12) INCOME TAX: The parties hereby acknowledge that they plan to, or have filed, joint federal, state, and local income tax returns for the year of 2003. The parties hereto agree to file separate returns for all ongoing years, specifically including 2004 and 2005. (13) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and w>id and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. (14) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure SWP ~ ~A] ~ Pal~e 7 of 11 JWP SAIDIS SHUFF, FLOV~_.R & LINDSAY 26 W. High Street Carlisle, PA to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (15) WAIVER OF APPRAISALS: The parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of the real estate, the personal property, the vehicles, and 401K's, some portions of which were acquired during the marriage and therefore constitute marital property. However, the parties have determined that they will not undertake the expense to have these items appraised and/or valuated, and that the division of property as set forth in this agreement, represents a fair and equitable distribution. (16) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (17) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimonypendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. SWP~ KA./'~ Pa~e 8 of ll JWP SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA (18) RELEASE OF ALL CLAIMS: !Except as otherwise provided herein, each party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future support, division of property, including income of gain from property hereafter accruing, right of dower or curtesy, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by v:irtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sou:~t in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. It is further specifically understood and agreed by and between the parties hereto, that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights ag~dnst the other for any past, present and future claims on account of support; maintenance; alimony; alimonypendente lite; counsel fees, costs and expenses, except those counsel fees, costs and/or expenses sought in the event of a breach of this Agreement; equitable distribution of marital property and any other claims of each party, including all claims raised by them in the Divorce action pending between the parties. SWP ~%/~ Paffe 9 of 11 JWP'~4~/D SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (19) SEPARABILITY OF PROVISIONS: If any term, condition, clause or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this agreement shall continue in full force, effect and operation. (20) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the fights of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (21) INCORPORATION INTODECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself at law or in equity, or in any enforcement action filed to the Diw>rce Caption. (22) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the fight, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. SWP ~ x.j,3¢ , PaRe 10 of 11 JWP ~'~/) SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (23) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (24) AGREEMENT BINDING ON PARIIES and HEIRS: It is understood and agreed that not only the parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions aad clauses of this Agreement. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: tacey W. Pl~._~ey ~ lumley ' ~ SWP ~ L_x.) {9 PaRe 11 of 11 JWP SAIDIS ;HUFF, FLOW~ & LINDSAY IN THE COURT OF COMMON PLEAS Ob' CUMBERLAND COUNTY, PENNSYLVANIA STACEY W. PLUMLEy, Plaintiff No. 2004 - 618 JASON W. PLUMLEY, Defendant CIVIL ACTION - LAW ,(In Divorce) _AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 12, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit arc true and correct to the best of my knowledge, information, and belief. 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. Date: ~ q~_ ST~y'~ Sworn to and subscribed before me this /~ day of /]Tt~ __, 2004. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STACEY W. PLUMLEY, Plaintiff No. 2004 - 618 Vo JASON W. PLUMLEY, Defendant CIVIL ACTION - LAW (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a Divorce is granted. I understand that I will not be divorced tm:Iii a Divorce Decree is entered by the Court and I further understand 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 to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating: to unswom falsification to authorities. Date: 5//q/0q STAGEY W. PLUl~EY,IPlaintiff ~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STACEY W. PLUMLEY, Plaintiff No. 2004 - 618 CIVIL ACTION - LAW JASON W. PLUMLEY, Defendant (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 12, 2004. The marriage of Plaintiff and Defendant is irrethevably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. 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. Date: ~-//q k~/ Sworn to and subscribed before me this 2004. ~OMMONWEALTH OF PENNSYLVANIA i%~ari.~ ~ J Sallie AIIsbousq Nolarv PIIbJio Camp Hill IBoro Cumberlilltd ~ollnty I My Commiss on Expires Mar. 29, 2008 [ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA STACEY W. PLUMLEY, Plaintiff No. 2004 - 618 JASON W. PLUMLEY, Defendant CIVIL ACTION - LAW (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 I further understand 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 to the best of my knowledge, information, and belie£ I understand lhat false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STACEY W. PLUMLEY, Plaintiff No. 2004 - 6 ! 8 JASON W. PLUMLEY, Defendant CIVIL ACTION - LAW (In Divorce) PRAECIPE TO TRANSMIT RECORB TO THE PROTHONOTARY: Please transmit the Record, together with the following information, to the Court for entry ora Decree in Divorce: Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. Date and manner of service of the Complaint: Defendant was served via Certified Mail, Return Receipt Requested, Restricted Delivery, by signing the domestic return receipt on February 13, 2004. A Certificate of Service was filed and docketed at the above-referenced docket number on February 18, 2004. As required by Section 3301(c) of the Divorce Code, Plaintiff and Defendant executed and filed their respective Affidavits of Consent on May 14, 2004. Related claims pending: None. A Property Separation and Settlement Agreement was executed on April 14, 2004 and filed on April 16, 2004. As required by Section 3301(c) of the Divorce Code, Plaintiff and Defendant executed and filed their respective Waivers of' Notice of Intention to Request Entry of Divorce Decree on May 14, 2004. Date: ~ii~s ay'~i6~ichrM ac 1 ay/Esquire A (~,/Att6rney I.D. No. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiff IN THE COURT OF COIVlMON PLEAS Stacey W. Plumley, OFCUMBERLANDCOUNTY STATE Of PENNA. Plaintiff VERSUS Defendant NO. _2004-618 DECREE IN DIVORCE DECREED THAT Stacev W. Plumley 2004 , IT IS ORDERED AND , PLAINTIFf, AND Jason W. Plumle¥ ,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; The parties' Property Settlement and Separation Agreement dated April 14, 2004, is herein incorporated, but not merged. BY THE IONOTARY SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STACEY W. PLUMLEY, Plaintiff JASON W. PLUMLEY, Defendant No. 2004 - 618 CIVIL ACTION - LAW (In Divorce) NOTICE OF INTENTION TO RESUME PRIOR NAME NOTICE IS HEREBY GIVEN that Stacey W. Plumley, Plaintiff in the above- captioned matter, having been granted a Final Decree in Divorce on hereby intends to resume and hereafter use her maiden name of Stacey Louise Wolf, and gives this written notice avowing her intention in accordance with the provisions of the Act of April 2, 1980, P.L., 23 P.S. 702, effective July 1, 1980. St~e~-V(~umley, PetitionerFfl TO BE ~0~ Stacey L~se Wol ~ COMMONWEALTH OF PENNSYLVANIA SS. ,2004, before me, a Notary COMMONWEALTH OF PENNSYLVANIA ] Notnrial Seal I l~ok~ S. Voras, Notnty Public Suso~ Twp., Dauphin County I~ Commisaiofl Expires lul~' 15, 2004 COUNTY OF CUMBERLAND ON this, the ~x_..k day of Public, personally appeared Stacey W. Plumley, n~w to be known as Stacey known to me or satisfactory proven to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal.