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HomeMy WebLinkAbout04-2383PERRY D. FORNEY, JR., Plaintiff JUDY L. FORNEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. O~q '- ~ CIVIL TERM : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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, Pennsylvania 17013 (717) 249-3166 PERRY D. FORNEY, JR., Plaintiff : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : NO. 5' gg 2' CIVIL TEP Defendant : IN DIVORCE COMPLAINT IN DIVORCE NO FAULT Plaintiff is Perry D. Forney, Jr., an adult individual currently residing at 63 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania. Defendant is Judy L. Forney, an adult individual currently residing at 236 Baltimore Avenue, Apartment 1, Mt. Holly Springs, Cumberland County, Pennsylvania. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. Plaintiff and Defendant were married on October 6, 1984, in Plainfield, Cumberland County, Pennsylvania. There have been no other prior actions for divorce or annulment between the parties. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. JUDY L. FORNEY, 8. Plaintiffand Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divome pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. COUNT II 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. The parties have been living separate and apart since February 19, 2004. WHEREFORE, Plaintiffrequests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (d) of the Domestic Relation Code. COUNT V EOUITABLE DISTRIBUTION 13. Paragraphs 1 through 12 are incorporated herein by reference as if set forth in their full text. 14. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 15. Plaintiff and Defendant are joint owners of real estate located in Cumberland County, which was acquired during their marriage and which is subject to equitable distribution. 16. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitable apportioning the debts incurred by the parties. Respectfully submitted, Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: PERRY D~RNEY, PERRY D. FORNEY, JR. Plaintiff JUDY L. FOR_NEY, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CIVIL TERM NO. 04-2383 IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this ac ~ tfl day of June, 2004, cornes Brian C. Bomman, Esquire, counsel of record for Plaintiff, Perry D. Fomey, Jr., and states that a true and attested copy of a Complaint in Divorce was sent to Defendant, Judy L. Fomey, at 236 Baltimore Avenue, Apt. 1, Mt. Holly Springs, PA 17065, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on June 10, 2004 Brian C. B~-mman, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanove. r Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 bSeWf~ amn~ts[~'sbS~ day of~0~~2004 OT^R LIC C ! L U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs : File No. : ~'~ t : IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one l~y marking "x"] K prior to the entry of a Final Decree in Divorce, or __ after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of '~c,c~ w~tten no~e avow~g Us/~er inten~on p~suant ~? the pro,~sion~ of 54 , and gives this 704. COMMONAVEALTH OF PENNSYLVANIA ) COUNTY OF C,-co~ ) ~ature ,~'name being resumed On the ~day of qLc (_cI ,200~ before me, the Prothonotm3, 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 / 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 CLAUDtAA RREWBAKER, NOTARY PUBLIC Car!isle Oorn, Cumberland County My Commission Expires April 4, 2005 Notary Public SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ O day of ~ct~4 o.~q- , 2004, by and between PERRY D. FORNEY, JR., of Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband," AND JUDY L. FORNEY, of Mt. Holly Springs, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on October 6, 1984, in Cumberland County, Pennsylvania; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; and WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of --Page 1 of 16-- Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the prenntises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: Advice of Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Brian C. Bomman, Esquire. Wife has elected not to seek legal representation. --Page 2 of 16-- Warranty of Disclosure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the pm~ties. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or irt any manner whatsoever with him or her. Agreement not a Bar to Divorce Proceedings: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divome on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party --Page 3 of 16-- hereto of any act or acts on the party of the other party which may have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of §3301(c) of the Divorce Code of 1980. Agreement to be Incorporated in Divorce Decree: The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged into the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. Date o£Execution: The "date of execution" or ",execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the --Page 4 of 16-- property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. Marital Debt: Each party hereby confirms that they have not incurred any additional debt since their separation that has, in any way, obligated the other party. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. In addition, though, the parties are joint obligors on an automobile loan due and owing to M & T Bank which is secured by the Hyundai Tiburon which is in the possession of Wife. Additionally, there is credit card debt owed to Capital One of approximately $1,100, Citibank of approxim;ately $6000, and Beneficial of approximately $4000 totaling approximately $11,100.00. Husband agrees that he shall be solely liable for paying off the credit card balances and that he shall be solely liable for paying off the Hyundai Tiburon and maintaining car insurance on this vehicle until it is paid in full. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or --Page 5 of 16-- 10. 11. a.) b.) savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. After-Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were umnarried. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: At the time of execution of this Agreement, it is acknowledged that Wife is in possession of the parties' 2000 Hyundai Tiburon. Husband agrees that he shall be solely liable for the repayment of the deht securing such vehicle and shall indemnify and hold harmless Wife from any and all collection efforts. Wife shall retain sole possession and use of the Hyundai Tiburon and, upon payoff of said vehicle, Husband shall execute whatever documents necessary to transfer the title to this vehicle solely to Wife's name. Husband shall retain sole and exclusive possession of the parties' 1997 Ford F-150 pickup truck. Wife hereby conveys any and all right, title, and interest she has or may have in the aforesaid vehicle. Husband shall assume sole and exclusive responsibility for repayment of any debt due and owing on account of the aforesaid vehicle. Husband shall at all times indemnify Wife and hold --Page 6 of 16-- 12. her harmless from and against any and all demands for payment or collection activity of any nature with respect any such debt associated with said vehicle. Wife shall execute whatever documents necessary within ten (10) days of the date of execution of this agreement to transfer the title solely into Husband's name. Real Estate: The parties are joint owners of real estate located at 63 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania, which property is currently held in joint names as tenants by the entireties. The property is encumbered with a mortgage due and owing to Ameriquest. Wife agrees that upon execute of this Agreement, she will execute a deed conveying all of her right, title and interest in the aforesaid property to Husband by fee simple, general warranty deed. Wife shall then make no claim of any nature whatsoever relative to legal or equitable interest in the aforesaid real estate from the date of execution and delivery of the deed fonvard. Husband shall be solely and exclusively responsible for the repayment of the aforesaid mortgage due and owing to Ameriquest and shall make each such monthly payment due hereunder when and as payments are due, including all interest charges and the like. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever on account of the aforesaid mortgage from the date of signing and delivery of the aforesaid deed forward. Receipt of benefits provided for herein by Wife take into consideration Wife's transfer of her legal and equitable interest in the aforesaid real estate. Husband agrees that he shall, --Page 7 of 16-- 13. 14. 15. 16. within six (6) months of the date of execution of this Agreement, attempt to refinance the mortgage into his name alone. If he is unable to do so, Husband agrees that he shall each year, thereafter, undertalce a good faith effort to refinance the property into his name alone until such time as Wife's name is removed from the mortgage. Cash Disbursement: Husband shall deliver to Wife the amount of TWELVE THOUSAND AND XX/IO0 ($12,000.00) DOLLARS. The parties acknowledge that these funds shall be paid by a lump sum of five-thousand dollars $5000 within Sixty (60) days of execution of this agreement and the balance shall be paid in monthly installments of five hundred dollars ($500) due by the last day of each month. These payments shall commence in September 2004 and shall continue until the mount is paid in full. There shall be no penalty for prepayment. Reciprocal Waivers of Pension Interests: Husband and Wife agree to waive any and all right, title, or interest in the other party's Individual Retirement Account(s), Pension(s), Annuities, profit-shmring plans, or other retirement accounts or plans. WarrantF as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indenmified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. Spousal Support, Alimony, Alimony Pendente Lite, and Spousal Maintenance: --Page 8 of 16-- 17. a.) b.) Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. Wife hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. Mutual Releases: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any ri[ghts which either party may have --Page 9 of 16-- 18. a.) or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever naturc: arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Divorce: Wife has commenced an action for divorce against Husband pursuant to §3301(c) of the Divorce Code of Pennsylvania by filing a Complaint in Divorce docketed to No. 2000-1321 Civil Term, in ~Ihe Court of Common Pleas of Cumberland County, Pennsylvania. Both partie:~ shall, at the time of execution of this Agreement, furnish Wife's counsel with signed Affidavits of Consent and a Waivers of Notice of Intention to request the Entry of a Decree in Divorce. It is understood and agreed that the Decree in Divorce issuing from this matter shall incorporate this Agreement. Further: This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under §3502, et. of the Pennsylvania Code, Act. No 1980-26. --Page 10 of 16-- 19. 20. 21. b.) This Agreement may be offered in evidence !in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. Legal Fees: In the review and preparation of this Agreement each party shall bear his or her own legal fees. Remedy for Breach: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. Equitable Distribution: It is specifically m~derstood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended[. --Page 11 of 16-- 22. Summar~ of Effect of Agreement: It is specifical.ly understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, 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. 23. Tax Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms, to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a party of the marital estate. 24. Mutual Cooperation~Duty to Effectuate Agreement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. --Page 12 of 16-- 25. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 26. Severabilit~: 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 be valid and continue in full fome, effect, and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 27. No Waiver of Default: This Agreement shall renmin in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of an), other obligations herein. --Page 13 of 16-- 28. 29. 30. 31. Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. Them are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divome and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. Effect of Divorce Decree: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full fome and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Notices: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: a.)To Husband at in care of Griffie & Associates at 200 North Hanover Street, Carlisle, PA 17013. b.) To Wife at 236 Baltimore Avenue, Apt. 1, Mt. Holly Springs, PA 17065 Waiver or Modification to be in Writing: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. --Page 14 of 16-- 32. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 33. Agreement Binding on Heirs: This Agreement s]hall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 34. Governing Law: This Agreements shall be cons~ed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set forth their hands and seals to three counterparts of this Agreement, each of which shall constit~ate an original, the day and year first above written. WITNESSES: PERR'¢ D. F~(IEY, JR. ~57/ ' Date JU~ L. F~RNEY ~" --Page t5 of 16-- COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~(~,~.~ ~[,~ ~ On this / t9/~day of ,,4. H/g/~-/r- , 2004, before me, ~e undersigned officer, personally appe~ed Per~ D. Forney, Jr., ~own to me (or satisfacto~ proven) to be the person whose name is subscribed to the within docment and ac~owledged that he executed ~e same for ~e pu¢ose ~emin contained. ~ WI~ESS WHE~OF, I here~to set my hand and official seal. dOMMONC/EAI. TH OF PENNSYLVANIA I' ~ NOTARbM. SEAL ,F_AN BURSON, NOTNIY PUBLIC ~ CITY OF ENOI~, CUMBERLAND COUNTY J MY COMMISSION EX~IRE$ ~J~. 16, 2007 J Notary PulSe - COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~?~n//~, Onthis /0 ;6. dayof .~./~./,,~Z- , 2004, before me, the undersigned officer, personally appeared Judy L. Forney, known to me (or satisfactory proven) to be the person whose name is subscribed to the within document and acknowledged that she executed the same for the purpose therein contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONViF_ALTH OF PENNSYLVANIA ' NOTNtlAL SIAL JEAN BURSON, NOTN4Y PUBLIC Notary --Page 16 of 16-- PERRY D. FORNEY, JR. Plaintiff JUDY L. FORNEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 04-2383 CIVIL TERM : 1N DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on May 26, 2004, and served on June 10, 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 of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. DATE: PERRY ~EY, JR., Plai~tf PERRY D. FORNEY, JR. Plaintiff JUDY L. FORNEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 04-2383 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE ]DECREE .UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divome until a divome decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. PERRY' D. F~I~Y~ JR., Plainti~/ PERRY D. FORNEY, JR. Plaintiff JUDY L. FORNEY, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 04-2383 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on May 26, 2004, and served on June 10, 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 of Divorce atter service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. DATE: Defendant PERRY D. FORNEY, JR. Plaintiff JUDY L. FORNEY, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2383 1N DIVORCE CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST file ENTRY OF A DIVORCE ]DECREE _U_NDER 1~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce., without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorce 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 files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. DATE: PERRY D. FORNEY, JR., Plaintiff JUDY L. FORNEY, Defendant' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 04-2383 CIVIL TERM : IN DIVORCE', PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following infozxnation to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301 (c) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: certified mail, restricted delivery to Defendant on or about June 10, 2004. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: September 15, 2004 by Defendant: September 13, 2004 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: September 16, 2004 Date defendant's Waiver of Notice in §3301 (c) Divorce was flied with the Prothonotary: September 16, 2004 / J~f~c,r~a~, Esquire ~--~FIE & ASSOCIATES - ~Attorneyfor Plaintiff IN THE COURT Of COMMON PLEAS OFCUMBERLAND COLJNTY STATE Of ~~ PERRY D. FORNEY~ JR. Plaintiff VERSUS JUDY L. FORNEY, Defendant NO. PENNA. 04-2383 CIVTT, TERM DECREE IN DIVORCE AND NOW, ~-4~, L~, IT IS ORDERED AND DECREED THAT Perry D. Forney, Jr. , PLAINTIFF, AND Judy L. Forney , 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 WPIICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~ ~ The parties' Separation and Property Settlement Agreement dated August 10, 2004, is incorporated herein, bu~-~$~ ATTE ST:~/ )~ - ~ PROTHONOTARY