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HomeMy WebLinkAbout04-5142BRIAN E. McCOMBIE, SUZANNE K. McCOMBIE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 04- 5-1q2 CIVIL TERM : 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 ofdivoree 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 Streets, Carlisle. 1F 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, PA 17013 Phone: (717) 249-3166 BRIAN E. McCOMBIE, SUZANNE K. McCOMBIE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 04- ,.5'/%,2., CIVIL TERM : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Brian E. McCombie, who currently resides at 102 Woodview Drive, Mt. Holly Springs, Cumberland County, Pennsylvania, since 1999. 2. Defendant is Suzanne K. McCombie, who currently resides at 102 Woodview Drive, Mt. Holly Springs, Cumberland County, Pennsylvania, since 1999. 3. Plaintiffand Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to riling of this Complaint. 4. Plaintiff and Defendant were married on June 13, 1998, at Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiffhas been advised that counseling is available, and that Plaintiffmay have the right to request that the Court require the parties to participate in counseling, 8. Plaintiff requests the Court to enter a Decree of Divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Brian E. McCombie, Plaimiff ANDREWS & JOHNSON By: ~~fA~ord;~w.~i~q~~ 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 BRIAN E. McCOMBIE, SUZANNE K. McCOMBIE, Plalmiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 04-5142 CIVIL TERM : IN DIVORCE ACCEPTANCE OF SERVIQE I hereby accept service of the Complaim in Divorce on behalf of the Defendant, Suzanne K. McCombie, in the above-captioned action and I certify that I ana authorized to do so. DATE: /O/ll~/O~l By: ( ' Dale F. Slight2 Jr:IEsq. Attorney fbr EYefendant BRIAN E. McCOMBIE, Plaintiff PENNSYLVANIA v. SUZANNE K. McCOMBIE, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : CIVIL ACTION - LAW : NO. 04-5142 : IN DIVORCE CIVIL TERM PRAECIPE Please file the attached Marital Settlement Agreement of record in this above referenced divorce action. ~ Date: ..J....u.(cy -z....( ,2005 { ANDREWS & JOHNSON ..::::::: By: ( Taylor P. Andrews, Esq. 78 West Pomfret Street Carlisle, P A 17013 (717) 243-0123 Supreme Court ID No. 15641 MARITAL SETTLEMENT AGREEMENT , ,(\q THIS MARITAL SETTLEMENT AGREEMENT, made this c::>'o<. day of 1JOIXtr\ W , 2004, by and between SUZANNE K. McCOMBIE hereinafter called "Wife" and BRIAN E. McCOMBIE, hereinafter called "Husband". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife who were married on June 13, 1998 and separated in September 2004; and WHEREAS, the Husband has filed a Divorce Action in the Court of Common Pleas of Cumberland County, Pennsylvania, on October 12, 2004 docketed to No. 04-5142 civil Term of which Wife accepted service on October 14, 2004; and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between them, including without limitation by specification; settling all matters between them related to the ownership and equitable distribution of real and personal property and related economic claims; and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and WHEREAS, the Husband and Wife are represented by legal counsel who have advised them of their respective rights, privileges, duties and obligations relative to her and his property rights and interests arising from their marital relationship; and WHEREAS, each party is fully familiar with the marital property and with their respective rights and obligations under the Divorce Code, and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code, including all claims regarding divorce, equitable distribution of marital property, and related economic clai~s. NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, do agree as follows: 1. After ninety (90) days have passed since service of the Di vorce Complaint, both parties shall si~rn and deliver to the Husband's attorney the required Consents to Divorce and Waivers of Notice and any other documents necessary to enable a Divorce Decree pursuant to 3301(c) of the Divorce Code to be entered. Husband shall pay any final court costs associated with completing the Divorce and obtaining two certified copies of the Decree. Neither party shall do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Decree in breach of this Agreement, or the other party may, at his or her option, declare this Agreement null and void, ab initio. 2. Pending the entry of a Divorce Decree, the parties shall live separate and apart from each other at such places as he and she may chose. Each party shall respect and act consistent with the other party's right to maintain a separate existence as though he and she were unmarried. -2- 3. This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. No Court may change the terms of this Agreement, and it shall be binding and conclusive upon the parties. In the ,event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of thi:3 Agreement, this Agreement shall remain in full force and effect in the absence of a written Agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 4. The parties hereto have divided between them, to their satisfaction, all items of tangible marital personal property, including household furnishings, automobiles, and other articles of tangible personal property which have heretofore been used by them in common and neither party may make a claim to any such items which are now in the possession or under the control of the other. The Wife shall retain possession of the 2002 Honda Passport automobile, leased in both name!3. The Wife shall be solely responsible for making all remaining payments under the Lease Agreement and performing all of the Lessee's obligations under the Lease Agreement, and shall indemnify and save and hold harmless the Husband from any further liability thereunder. Husband does hereby transfer and assign all of his right, title and interest under the said automobile Lease Agreement unto the Wife, and shall sign such further documents as may be necessary -3- 5. The parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, and retirement rights, whether vested or contingent, and all other such types of property. The parties hereby agree that all such intangible personal property presently in the possession of or titled in the name of the Wife shall be her sole and separate property and that in the possession of or titled in the name of the Husband shall be his sole and separate property. Each party hereby expressly waives any right to claim ownership of or any beneficial interest in any pension/profit Sharing/retirement accounts or life insurance policies of the other, vested or contingent, each party to retain full oM~ership of such rights as her and his sole and separate property. 6. The parties are the owners, as tenants by the entirety, of a tract of land and improvements thereon situate in Westgate Development, South Middleton Township, known as 102 Woodview Drive, Mt. Holly Springs, Pennsylvania, ",Thich parties purchased from Kollas & Costopoulos on September 20, 1999, Deed Book 208, Page 260 for the sum of One Hundred Forty-one Thousand Nine Hundred ($141,900.00) Dollars. The property is subject to a note and mortgage. The property was listed for sale with Wolfe & Shearer Realtors for the list price of One Hundred Eighty-nine Thousand Nine Hundred ($189,900.00) Dollars on September 14, 2004. At the request of the Husband, the Wife vacated the -5- <6V& premises on _(V~ rv-.19f,(l 71J/lc!CiLI and has established residence at 50 West High Street, Apt. 205, Carlisle, PA 17013, a new effective November 1, 2004. Wife and Husband have divided equally between them and paid the mortgage payments and all utility and maintenance expenses for the marital home through November, 2004. Effective December 1, 2004, the Husband shall be solely responsible for payment of the mortgage and all utilities and routine maintenance on the marital home pending settlement on a sale of the premises. Husband shall idernnify and save and hold harmless the Wife from any liability for payment of the mortgage, utilities, or routine maintenance. Both parties shall remain equally responsible for any significant structural maintenance, homeowner's insurance, and real estate taxes. Upon the sale of the property, all usual and customary settlement costs and payment of the balance due on the mortgage shall be the equal responsibility of both parties, and the net proceeds from the sale of the real estate shall be divided equally between the parties. Provided,.however, that should settlement on the sale of the property not be completed by June 1, 2005, Husband shall receive a credit for all reduction in the balance in the mortgage principal from June 1, 2005 to the date of settlement, which reimbursement shall be made to the Husband prior to dividing the net proceeds between the parties. -6- 7. Both parties covenant and agree that all credit card debt existing at the time of separation has been paid in full, and all joint credit cards have been cancelled. Further, each party represents that except for the aforesaid note and mortgage and automobile lease she and he have not heretofore incurred or contracted any debt or liability or obliqation for which the other may be held responsible or liable. Each party agrees to indemnify and save and hold harmless the other from and against all such debt, liabilities or obligations of every kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement. 8. Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep the other indemnified against all debts, charges, and liabilities incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement, and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney fees actually incurred. -7- 9. The parties agree that the transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfer set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said "Act". 10. The parties have heretofore filed joint federal, state and local income tax returns and contemplate filing a joint federal income tax return for 2004. In the event that any deficiencies claimed due by any taxing authority, or any additional assessment is imposed upon either party for matters related to her or his sole income or deductions, the party upon whose income or deductions the deficiency or assessment is made shall be solely responsible for payment in full of all taxes, penalty and interest as finally determined attributable to such party. The party so obligated shall indemnify and save and hold harmless the other from any and all liability thereon in accordance with the provisions of Paragraph 8 hereof. In the event any such deficiency or assessment is imposed as the result of a disallowal of deductions which rela<:e to those claimed for both parties, such as household mortgage interest, etc., -8- whereupon any joint income of the partieB, they Bhall each pay one-half of the total amount of the tax, intereBt and penalty due and owing and each party will indemnify and save and hold harmless the other from any liability in excess of his or her individual obligation to pay one-half of such total in accordance with the provisions of Paragraph 8 hereof. 11. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal Law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, the debtor-spouse hereb~( assigns, transfers, and conveys to the creditor-spouse an interest in all of debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set froth herein, including all out of pocket costs and reasonable attorney fees actually incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged o:r dischargeable. -9- 12. Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as may otherwise be provided pursuant to the provisions of this Agreement. 13. Husband does hereby release, remise, quitclaim and forever discharge the Wife and the estate of the Wife from any and all claims he now has, ever may have or can at anytime have against the Wife or her estate of any part thereof, whether arising out of formal contracts, engagements or liabilities of the Wife, arising by way of widower's ri'Jht or under the Intestate Law, arising by any right to take against the Wife's Will, arising under the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising by any nature whatsoever, excepting only those rights accorded to the Husband under this Agreement. 14. Wife does hereby release, remise, quitclaim and forever discharge the Husband and the estate of the Husband from any and all claims she now has, ever may have or can at anytime have against the Husband or his estate or any part thereof, whether -10- arising out of formal contracts, engagements or liabilities of the Husband, arising by way of the widow's right or under the Intestate Law, arising by any right to take against the Husband's Will, arising under the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising by any nature whatsoever, excepting only those rights accorded to the Husband under this Agreement. 15. If either party to this Agreement resorts to a law suit or other legal action pursuant to the provisions of the Divorce Code or otherwise t.o enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable counsel fees, actually incurred, from the other as a part of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise, as the same shall be determined by the Court. 16. The parties do hereby warrant, represent and declare and do acknowledge and agree that each i:3 and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other, and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. --11- 17. This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 18. This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania. 19. The Husband and Wife acknowledcJe that each of them has read and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. Wife has been represented by separate legal counsel, Dale F. Shughart, Jr., Esquire, in the negotiation and preparation of this Agreement. Husband has been represented in the filing of the Divorce Action and in the negotiations by Taylor P. Andrews, Esquire. 20. This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, -12- administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year. first above written. witness: ~~ McCombie /' ~E McCo -13- [SEAL] [SEAL] __..1 Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA BRIAN E. McCOMBIE, v. : CIVIL ACTION - LAW SUZANNE K. McCOMBIE, Defendant : NO. 04-5142 : IN DIVORCE CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330 I ( c) of the Divorce Code was filed on October 12,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry ofthe decree. I verifY that the statements made in this Affidavit are tme and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: I /It / )Cv) ~1 Brian E. McCombie, Plaintiff . '."'~ ---- Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA BRIAN E. McCOMBIE, v. : CIVIL ACTION - LAW SUZANNE K. McCOMBIE, Defendant : NO. 04-5142 : IN DIVORCE CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE I. 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 that a copy ofthe 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. e.s. 94904, relating to unsworn falsification to authorities. Date: rljl-I) )oOS t ' I ~~ Brian E. McCombie, Plaintiff i"''':' r' Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA BRIAN E. McCOMBIE, v. : CIVIL ACTION - LAW SUZANNE K. McCOMBIE, Defendant : NO. 04-5142 : IN DIVORCE CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE I. 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 tfUl: and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. g4904, relating to unsworn falsification to authorities. Date: I/d.-O / 0 C; 0J{ _ ~ s;,;QK. McCombie, Defendltnt L>' L -'., I" - Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA BRIAN E. McCOMBIE, v. : CIVIL ACTION - LAW SUZANNE K. McCOMBIE, Defendant : NO. 04-5142 : IN DIVORCE CIVIL TERM AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on October 12,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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 this Affidavit are tme and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: (( Z,o / uS ~A , Suzanne cCombie, Defendant -'- ~< - BRIAN E. McCOMBIE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW SUZANNE K. McCOMBIE, Defendant : NO. 04-5142 : IN DIVORCE CIVIL TERM PRAECIPE TO TRANSMIT RI8:CORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under Se'~tion 330 I (c) of the Divorce Code. 2. Date and manner of service of the complaint: Affidavit of Service filed Defendant's Counsel. Dale F. Shughart, Jr., on October 14, 2004. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff January 14,2005; by Defendant January 20,2005. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in 93301(c) Divorce was filed with the Prothonotary: Date Defendant's Waiver of Notice in 93301(c) Divorce was filed with the Prothonotary: Date: January ?(, 2005 By: r P. , Esq. 8 est Pomfret Street arlisle, PA 17013 (717) 243-0123 Supreme Court ID No. 15641 , , , , , , , , . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "':+::f.;f. :+: ;t; :f.:F. , . u ,. :+; ,.,:+;'" '" :ti.+; :+: '" . u IN THE COURT OF COMMON PLEAS :+: '4'.. Of. +.:+: 'f", . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '+':f. Of Of.:+: +. Of. ++. OF CUMBERLAND COUNTY STATE OF PENNA. Brian E. McCombie, Plaintiff No. 04-5142 VERSUS Suzanne K. McCombie, Defendant DECREE IN DIVORCE AND NOW,~,^,-jev-........ ~_ ;-z.<.n>,: IS ORDERED AND DECREED THAT Brian E. , PLAI NTI FF, McCombie Suzanne K. McCombie AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RE~p~D IN THIS ACTION FOR YET BEEN ENTERED;}t/~ WHICH A FINAL ORDER HAS NOT The LL, parties LUU4 ~s Marital Settlement Agreement hereby ~ncorporated ~ 0 //' November // ..A- ' / ATTEST: ~ J. "C'~'OT"O"OTA" , . . :+:'I':+:Of . . :+;'+' 'f':f.:f.:f. . , .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~' tJ:-tl /;> ~ > /'~ """,,;/9 sw:el ~T"1l Jl--l 1 'f/ 0 r . " ~ vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 04-5142 BRIAN E. McCOMBIE, Plaintiff SUZANNE K. McCOMBIE, Defendant IN DIVORCE NOTICE OF ELECTION TO RESUME PRIOR NAME PURSUANT TO 54 PA. C.S. 704 Notice is hereby given that a Final Decree in divorce having been granted on the 26th day of January , 2005, the Defendant, Suzanne K. McCombie, hereby elects to resume and hereafter use her prior name of Suzanne E. Kelly, and gives this written notice of her intent in accordance with the provisions of 54 Pa.C.S. 704. ~Ombie TO BE KNOWN AS: S1 Kelly ~ , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ,~ : On this, the ~day of January, 2005, before me, the undersigned officer, personally appeared Suzanne K. McCombie, to be known as Suzanne E. Kelly hereafter, known to me (or satisfactorily 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 set my hand and official seal. NOTARIAL SEAL IIONNIE L. COYLE. NOTARY PUBLIC IORO Of CARUBLE. CUMBERLAND co. 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