HomeMy WebLinkAbout04-43810
MARY C. STET5,
Plaintiff
vs.
MICHAEL E. STETS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
N0.2004- y3gj 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 in divorce or annulment may 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 or 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 First Floor, Cumberland County Courthouse, South Hanover Street,
Cazlisle, Pennsylvania ].7013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF MARITAL
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU
MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THI5 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYF;R 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 S. Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
MARY C. STETS,
Plaintiff
v.
MICHAEL E. STETS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
No. zoos-y381 CIVIL
IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR 3301 (D) OF THE
DIVORCE CODE
AND NOW comes Mary C. Stets, plaintiff herein, by and through her attorney, Jacqueline M.
Verney, Esquire, and represents the following:
1. Plaintiff is Mary C. Stets, an adult individual, currently residing at 3200 Ritner Highway,
Newville, Cumberland County, Pennsylvania 17241.
2. Defendant is Michael E. Stets, an adult individual, currently residing at 3200 Ritner
Highway, Newville, Cumberland County, Pennsylvania 17241.
3. Plaintiff and Defendant aze bona fide residents of the Commonwealth of Pennsylvania and
have been so for at least six months immediately previous to the filing of this complaint.
4. Plaintiff and Defendant were married on April 17, 1971 in Carlisle, Cumberland County,
Pennsylvania.
5. There have been no prior actions for divorce or annulment between the parties.
6. The Plaintiff 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.
7. This marriage is irretrievably broken.
WHEREFORE, Plaintiff prays Your Honorable Court enter a decree in divorce.
Respectfully submitted,
`~•-~ "` ~
cqu me M. Verney, Esquire
Supreme Ct. ID. 23167
44 South Hanover Street
Carlisle, PA 17013
(717)243-9140
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing divorce complaint are true and correct.
I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
Date
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Mary C. Stets, Plaintiff
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MARY C. STETS, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. :CIVIL ACTION -LAW
N0.2004-4381 CIVIL TERM
MICHAEL E. STETS,
Defendant IN DIVORCE
AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO Pa. R.C.P. 1930.4 (c)
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
I, Jacqueline M. Verney, Esquire, being duly sworn according to law, deposes and
says that she is the attorney for plaintiff, Mary C. Stets, and that she did serve a true and
correct copy of the divorce Complaint that was filed in the above matter, by U.S. mail,
postage prepaid, certified with restricted delivery, return receipt requested, unto the
defendant, Michael E. Stets, on September 4, 2004. The receipt form is attached hereto as
EXHIBIT "A".
• ~~~~y
acq line M. Verney, Esquire #x3167
44 S. Hanover Street
Carlisle, PA 17013
(717)243-9190
Attorney for Plaintiff
Swom to and subscribed before me this ~ day of ~~~~-r^~ , 2004.
~~
Notary Public
M~f NE~frNdC -
My Corte~YNon !mow Odd. 0, SDI
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EXHIBIT "A"
MARY C. STETS,
Plaintiff
vs.
MICHAEL E. STETS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LA~JV
NO. 2004-4381 CIVIL, TERM
IN DIVORCE
MARITAL PROPERTY AND SETTLEMENrC AGREEMENT
This Agreement, made and entered into this ~(~ ~' day of f l ~~ i' ~i3 ~,~2. 2004,
between MARY C. STETS, 3200 Ritner Highway, Newville, Cumberland County, Pennsylvania,
hereinafter referred to as "Wife," and MICHAEL E. STETS, 3200 Ritner Highway, Newville,
Cumberland County, Pennsylvania, hereinafter referred to as "Husband."
WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to
each other on April 17, 1971 in Carlisle, Cumberland County, Pennsylvania; and,
WHEREAS, certain differences have arisen by and between the parties as a result of which
they have now separated and the parties hereto are desirous of settling fully and finally their
respective financial and property rights and obligation as betwf;en each other including, without
limitation by specification: the settling of all matters between them relating to the ownership and
equitable distribution of real and personal property; the settling of all matters between them
relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or
of Husband of Wife; and in general, the settling of any and all claims and possible claims by one
against the other or against their respective estates; and,
WHEREAS, both and each of the parties hereto have been advised of their legal rights and
the implications of this Agreement and the legal consequences i:hat may and will ensue from the
execution hereof, and each has had the opportunity to consult with his or her own competent legal
counsel independent of each other; and,
WHEREAS, each party warrants, as part of the consideration of this Agreement, that each
has fully and completely disclosed all information of a financial nature requested by the other, and
that no information of such nature has been subject to distortion or in any manner being
misrepresented;and
WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all
of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or
inchoate, in and to the real and personal property of the Husband, now owned by him or which in
the future may be owned by him, and all rights to counsel fees, or expenses and other than as set
forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or
surviving spouse or otherwise, actual and currently existing o:r inchoate in and to the real and
personal estate of the Wife, currently owned by her or which she may own in the future;
NOW, THEREFORE, the parties hereto intending to bf; legally bound hereby do hereby
mutually agree as follows:
1. Advice of Counsel. Husband and Wife acknowlE;dge that they have been given the
opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their
legal effect in advance of the date set forth above to permit such independent review. Each party
acknowledges that he or she has had the opportunity to receive independent legal advice from
counsel of his or her selection, and that each fully understands they facts and has been fully informed
as to his or her legal rights and obligation, and each party acknowledges and accepts that this
Agreement is, and under the circumstances, fair and equitable, after having the opportunity to
2
receive such advice and with such knowledge, and that execution of this Agreement is not the result
of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges
that he or she has had the opportunity to be fully advised by his or her respective attorney of the
impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all
marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution
of all marital property or property owned or possessed individu~~lly by the other, counsel fees and
costs of litigation and, fully knowing the same and having the opportunity to be fully advised of his
or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging
that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and
waives his or her respective right to have the Court of Common Pleas of Cumberland County, or
any other court of competent jurisdiction, make any determination or order effecting the respective
parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital
property, counsel fees and costs of litigation.
2. Separation. Husband and Wife do hereby mutually agree and consent to live
separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times
hereafter to live separate and apart from each other, and to reside;, from time to time, at such place
or places as they respectfully shall deem fit, free from any control or restraint or interference, direct
or indirect, by each other.
3. No Molestation, Harassment or Interference. Neither party shall molest, harass
or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him
or her by any means whatsoever.
4. Mutual Property and Estate Waiver. Except as otherwise expressly set forth
3
herein, in which event such express provision shall take precedence over this paragraph, the parties
hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights
in the property or estate of the other, and to that end both partie:~ waive, relinquish, and forbear the
rights of dower or curtesy, rights to inherit, rights to claim or tak;e the Husband or Wife's or family
exemption or allowance, to be vested with letters of administration or letters testamentary, or to
take against any will of the other, and each agrees with the other if either should die intestate, his or
her share shall descend to vest in his or her heirs at law, person,~l representatives, and next of kin,
excluding the other as though he or she had died a widow or widower. And each further agrees that
should the other die testate, his or her properly shall descend to and vest in those persons set forth in
the other's Last Will and Testament as though the spouse ;~o designated as beneficiary had
predeceased the testator. The parties further agree that they may and can hereafter, as though
unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real
estate and personal property which either of them now or hereafter own or possess and further agree
that the recording of this Agreement shall be conclusive evidences to all of his or her right to do so.
The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of
this power hereby given be necessary, the right and the power -to appoint one or more times any
person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the
other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit
claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her
real or personal property, but without any power to impose personal liability for breach of warranty
or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22
of the Pennsylvania Probate Estates and Fiduciaries Code, ar~d any right to seek or have an
4
equitable distribution of married property ordered by the Court pursuant to Section 3502 of the
Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any
legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or
otherwise for the other, and to that end each of the parties heresto does hereby waive any right to
receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial
assistance whatsoever from the other, except as otherwise expressly provided for herein.
5. Division of Personal Property.
The parties agree that they have divided their personal property including all household
items, furniture and family heirlooms to their mutual satisfaction. Each party agrees to execute
whatever document is necessary to accomplish the intent of this paragraph.
BANK ACCOUNTS: Wife acknowledges that she is the owner of the following
bank accounts: savings account at Members' First Federal Credit Union, in the approximate amount
of $24,000.00; checking account at Members' First Federal Credit Union, in the approximate
amount of $700.00.
Husband acknowledges that he is the owner of the following bank accounts: checking
account at Waypoint Bank in the approximate amount of $1,80(1.00; savings account at Waypoint
Bank in the approximate amount of $2,000.00.
AUTOMOBILES: The parties acknowledge that they ~~re owners of three automobiles.
Wife currently drives a 1999 VW Passat, valued at approximately $10,000.00, titled in Wife's name
only. Wife shall retain sole ownership of her vehicle. Husband acknowledges that he currently
drives a 2003 GMC Truck, valued at approximately $16,000.00, titled in Husband's name only.
Husband also owns a 1996 Miata valued at approximately $3,000.00, titled in Husband's name
5
only. Husband shall retain sole ownership of these two vehicles.
Upon the signing of this agreement, each party shall have the freedom of disposition as to
their separate property which is in their possession or control pursuant to this Agreement and may
mortgage, sell, grant, convey or otherwise encumber or dispose of such property, whether real or
personal, whether such property was acquired before, during or after marriage, and neither Husband
nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the
other pertaining to such disposition of property.
6. Real Property. It is hereby acknowledged by both parties that they are the co-
owners of real property located at 3200 Ritner Highway, Newville, Cumberland County,
Pennsylvania. Said real estate is subject to an agreement of sale in the principal amount of
$410,000.00. Closing on said property is scheduled for November 1, 2004. The parties hereby
agree that the Wife shall receive from the net proceeds of said sale, 60% of the said net proceeds.
Husband shall receive the difference of said proceeds.
7. Debts. The parties assert that they have no debts other than those in their individual
names. The parties agree to indemnify and hold harmless the other for the aforementioned debts.
Neither party may discharge any of the obligations set forth herein in Bankruptcy proceedings
8. Future Debts. The parties further agree that neither will incur any more future
debts for which the other may be held liable, and if either party incurs a debt for which the other
will be liable, that party incurring such debt will indemnify and hold the other harmless from any
and all liability thereof.
10. Support, Alimony and Alimony Pendente L~ite. Both parties waive any and
all right they may have to spousal support, alimony and alimony pendente lite.
6
11. Pensions/Retirement. Wife acknowledges chat she is the owner of a 401 K
retirement plan in the approximate value of $11,000.00. Husband hereby waives any and all right
he may have to Wife's 401K plan. Husband acknowledges that; he is the owner of Thrift Savings
Plan with the Federal government. Wife hereby waives any and all right she may have to the
proceeds of this plan. Husband receives approximately $1,'700.00/monthly from his Federal
Retirement. Husband agrees that Wife shall receive from his monthly retirement the amount of
$700.00. Husband shall be responsible for preparing a QDRO for said payment to be effectuated.
Said $700.00 monthly payment shall carry a survivor benefit after Husband's death, until Wife's
death. Said amount shall not be considered alimony to Wife. Husband agrees to pay Wife directly
the sum of $700.00 monthly until the QDRO is effective.
The parties agree to waive any and all interest to the other's pensions, profit sharing,
retirement benefits and life insurance.
12. Counsel fees. Each party agrees that they shall pay their respective counsel fees.
13. Divorce. The parties acknowledge their intention and agreement to proceed in an
action in divorce to obtain a final decree in divorce by mutual consent on the grounds that their
marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either
party in any divorce action. The parties agree to execute any and all documents necessary for the
entry of a final divorce decree.
14. Breach. In the event that either party breaches any provision of this Marital
Property and Settlement Agreement, he or she shall be responsiblle for any and all costs incurred to
enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of
the other party. In the event of breach, the other party shall have the right, at his or her election, to
7
sue for damages for such breach or to seek such other and additional remedies as may be available
to him or her.
15. Enforcement. The parties agree that this marital settlement agreement or any part
or parts hereof may be enforced in any court of competent jurisdiction.
16. Applicable Law and Execution. The partif;s hereto agree that this marital
settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and
shall bind the parties hereto and their respective heirs, executors and assigns. This document shall
be executed as original and multiple copies.
17. The Entire Agreement. The parties acknowledge and agree that this marital
settlement agreement contains the entire understanding of the parties and supersedes any prior
agreement between them. There are no other representations, warranties, promises, covenants or
understandings between the parties other than those expressly set forth herein.
18. Incorporation and Judgment for Divorce. In the event that either Husband or
Wife at any time hereafter obtain a divorce in the action for divorce presently pending between
them, or otherwise, this agreement and all of its provisions shall be incorporated into any such
judgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce,
shall retain the right to enforce the provisions and terms of this marital settlement agreement.
19. Additional Instruments. Each of the partie:> shall on demand or within a
reasonable period thereafter, execute and deliver any and all other documents and do or cause to be
done any other act or thing that may be necessary or desirable: to effectuate the provisions and
purposes of this Agreement. If either party fails on demand to comply with this provision, that
party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a
8
result of such failure.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first
written above.
WITNESS:
MU
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MARY .STETS
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HAEL E. ST' TS
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STIPULATION
Mary C. Stets, through her counsel, Jacqueline N1. Verney, Esquire, and Michael
E. Stets, through his counsel, Michael A. Scherer, Esquire, stipulate to the foregoing
being entered as a Qualified Domestic Relations Order.
~~`~`~~
Mic aeh I A Sc eh rer, Esquire
Attorney for Michael E. Stets
Date: Z ~ ~ ~ ~ ~
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Ja ueline M. Verney, Esqui
Attorney for Mary G. Stets
Date: 3 ' ~ -u ~
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MAR 1 0 21u5 ~,
In The Court Of Common Pleas
Of Cumberland County, Pennsylvania
Plaintiff Docket No. 2004-4381
MARY C. STETS
In Divorce
v.
Defendant
MICHAEL E. STETS
COURT ORDER ACCEPTABLE FOR PROCESSING
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:
1. Effect of This Order as a Court Order Acceptable for Processing:
This Order creates and recognizes the existence of a former spouse's right to receive a
portion of the employee's benefits payable under the Civil Service Retirement System
("CSRS"). Such benefits may represent a portion of the Employee Annuity, a Refund
of Employee Contributions or may award a Former Spouse Survivor Annuity to the
former spouse. It is intended to constitute a Court Order Acceptable for Processing
under final regulations issued by the Office of Personnel Management ("OPM"). The
Court has considered the requirements and standard terminology provided in Part 838
of Title 5, Code of Federal Regulations. The terminology used in the provisions of this
Order that concern benefits under the Civil Service Retirement System are governed
by the standard conventions established in that part.
2. Parties: The parties hereto were husband and wife, and a divorce action
is in this Court at the above number. This Court has personal jurisdiction over the
parties. The parties were married on April 17, 1971 and divorced on
December 27. 2004.
3. Employee Information; The name, last known address, social security
number, and date of birth of the "Employee" are:
Name: Michael E. Stets ("Employee")
Address: 17 Circle Drive, Carlisie, Pennsylvania 17013
Social Security Number: #193-36-4170
Birth Date: June 28, 1947
4. Former Spouse Information: The name, last known address, social
security number, and date of birth of the "Former Spouse" are:
Name: Mary C. Stets ("Former Spouse")
Address: 45 Greenfield Drive, Carlisle, Pennsylvania 17013
Social Security Number: #191-40-9434
Birth Date: November 27, 1948
The Former Spouse shall have the duty to notify the OPM in writing of any changes in
her mailing address subsequent to the entry of this Order.
CSRS (COAP) PAGE 2
5. Identification of Retirement System: The Employee is eligible for
retirement benefits under the Civil Service Retirement System based on employment
with the United States Government.
6. Pursuant to State Domestic Relations Law: This Order is entered
pursuant to the authority granted in the applicable domestic relations laws of
Pennsylvania.
7. For Provision of Marital Property Rights: This Order relates to the
provision of marital property rights of the Former Spouse as a result of the Order of
Divorce between the Employee and the Former Spouse issued on
December 27, 2004.
8. Providing for Payments to Former Spouse: The Former Spouse is
entitled to a portion of the Employee's Gross Monthly Annuity under the Civil Service
Retirement System as set forth below. The United States Office of Personnel
Management is hereby directed to pay Former Spouse's share directly to Former
Spouse.
9. Amount of Former Spouse's Benefit: This Order assigns to Former
Spouse an amount equal to Seven Hundred Dollars ($700.00) per month from the
Employee's Civil Service Retirement benefits.
10. Cost of Living Adjustments: When Cost of Living Adjustments are
applied to Employee's retirement benefits, the same Cost of Living Adjustment shall
apply to the Former Spouse's share.
11. Benefit Commencement Date: The Former Spouse shall commence
her benefits as soon as administratively feasible following the date this Order is
approved as a Court Order Acceptable for Processing, or on the date the Employee
commences his benefits, if later. Payments shall continue to the Former Spouse for
the remainder of the Employee's lifetime. However, in the event that the Former
Spouse dies before the Employee, the United States Office of Personnel Management
is directed to pay the Former Spouse's share of the Employee's civil service retirement
benefits to the surviving children of the marriage, including any adopted children, in
equal shares. Upon the death of any child, that child's share will be distributed among
the other surviving children.
The Employee agrees to arrange or to execute all forms necessary for the OPM to
commence payments to the Former Spouse in accordance with the terms of this Order.
12. Former Spouse Survivor Annuity: Pursuant to section 8341(h)(1) of
Title 5, United States Code, former spouse is awarded a former spouse survivor
annuity under the Civil Service Retirement System. The amount of the former spouse
survivor annuity will be equal to $700.00 of the employee's employee annuity.
Employee agrees to take all necessary steps to elect Former Spouse as the
designated beneficiary for purposes of establishing and sustaining such surviving
spouse coverage for Former Spouse.
13. Cost of Former Spouse Survivor Annuity: The Employee's annuity
will be reduced by the amount of the costs associated with providing the Former
Spouse with a former spouse survivor annuity as awarded in paragraph 12.
DRAFTED: 2/10/05
01-12-OS-103-01030
CSRS (COAP) PAGE 3
14. Savings Clause: This Order is not intended, and shall not be construed
in such a manner as to require the OPM:
(a) to pay a former spouse a portion of an employee annuity before the
employee annuity begins to accrue;
(b) to pay a former spouse any amounts that are in excess of an employee's
net annuity; or
(c) to pay a Former Spouse Survivor Annuity in excess of the maximum
permitted amounts under the CSRS and the FERS.
15. Constructive Receipt: In the event that the CSRS inadvertently pays to
the Employee any benefits that are assigned to the Former Spouse pursuant to the
terms of this Order, the Employee shall immediately reimburse the Former Spouse to
the extent that he/she has received such benefit payments, and shall forthwith pay
such amounts so received directly to the Former Spouse within ten (10) days of
receipt.
16. Actions by Employee: If the Employee takes any action that prevents,
decreases, or limits the collection by the Former Spouse of the sums to be paid
hereunder, the Employee then shall make payments to the Former Spouse directly in
an amount sufficient to neutralize, as to the Former Spouse, the effects of the actions
taken by the Employee.
17. Continued Jurisdiction: The Court shall retain jurisdiction with respect
to this Order to the extent required to maintain its status as a Court Order Acceptable
for Processing and the original intent of the parties as stipulated herein. Further, the
Court shall retain jurisdiction to enter such further orders as are necessary to enforce
the award to Former Spouse of the benefits awarded herein, including the
recharacterization thereof as a division of benefits earned under another retirement
system in lieu of the retirement benefits under CSRS or other benefits received in lieu
of CSRS retirement benefits, or to make an award of alimony in the event that
Employee fails to comply with the provisions contained above requiring said payments
to Former Spouse by any means.
18. Notice of Pending Retirement: The Employee shall be required to
notify the Former Spouse, in writing, within thirty (301 days prior to the actual date of
retirement. Such notice shall indicate the Employee's intentions to retire and the
Employee's elected benefit commencement date. The notice shall be sent via regular,
first class mail. For this purpose, the Former Spouse shall notify the Employee of any
changes in Former Spouse's mailing address.
IT IS SO ORDERED on this ~'~~ day of /»a.~..l~. , 20 os
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BY THE COURT:
DRAFTED: 2/10/05
01-12-OS-i03-0103Q
MARY C. STETS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA
v. :CIVIL ACTION -LAW
MICHAEL E. STETS, : N0.2004-4381 CIVIL TERM
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under Section 3301 (c) of the Divorce Code was
filed on August 30, 2004 and served on Defendant on September 4, 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.
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 this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
section 4904, relating to unsworn falsification to authorities.
Date: I ~-- (n -U y ~~ C
Mary C. Stets, Plaintiff
MARY C. STETS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. :CIVIL ACTION -LAW
MICHAEL E. STETS, : NO. 2004-4381 CIVIL TERM
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under Section 3301 (c) of the Divorce Code was
filed on August 30, 2004 and served on Defendant on September 4, 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.
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 this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
section 4904, relating to unsworn falsification to authorities.
Date: a _-~y!«~~oC' c ~.~~ _
Michael E. Stets, Defendant
~'.
J
MARY C. STETS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V. :CIVIL ACTION -LAW
N0.2004-4381 CIVIL TERM
MICHAEL E. STETS,
Defendant : IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904
relating to unsworn falsification to authorities.
Date: 1a-(,-Uy ~~,~ ~
Mary C. S ets, Plaintiff
MARY C. STETS,
Plaintiff
V.
MICHAEL E. STETS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO.2004-4381 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotazy.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904
relating to unsworn falsification to authorities.
Date: -~/~~~7 ~iGr.6,~Zf;
Michael E. Stets, Defendant
MARY C. STETS,
Plaintiff
V.
MICHAEL E. STETS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
N0.2004-4381
IN DIVORCE
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), 3301 (d)(1) of
the Divorce Code. (Strike out inapplicable section).
2. Date and manner of service of the Complaint: Affidavit of Service by mail, dated
September 4.2004.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by sec. 3301 (c) of the
Divorce Code: by plaintiff December 6, 2004; by defendant December 7, 2004.
(b) (1) Date of execution of the affidavit required by sec. 3301 (d) of the Divorce
Code:
(2) Date of filing and service of the
plaintiffs affidavit upon the defendant
4. Related claims pending:
5. Complete either (a) or (b).
(a) Date and manner of service of the Notice of Intention to file Praecipe to transmit
rat-l4"~rl
record, a copy of which is attached
b~ Date plaintiff s Waiver of Notice in sec. 3301 (c) Divorce was filed with the
Prothonotary: December 6.2004.
Date defendant's Waiver of Notice in sec. 3301 (c) Divorce was filed with the
Prothonotary: December 9.2004.
~' ~,L
or ey for Plaintiff ~~
Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
(717)243-9190
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~ PENNA.
,~
Mary C. Stets
Plaintiff
VERSUS
Michael E. Stets
Defendant
N O. 2004-4381
DECREE IN
DIVORCE
AND NOW, ~[,~~c.~Ga ~~~ ,'Z60~ IT IS ORDERED AND
DECREED THAT
AND
Mary C. Stets
Michael E. Stets
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
PLAI NTI FF,
DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WI~ICIi HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The Parties' Marital Settlement Agreement dated November 16, 2004 is
incorporated herein and the Court has jurisdiction over no other claims.
BY THE SOU RT:
ATT T: J
0
PROTHONOTARY
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