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HomeMy WebLinkAbout01-3698 Johnson, Duffie, Stewart & Weidner By: Mark c'Duffie LD. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JAMES C, TAYLOR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.2001- 31c9P CIVIL TERM v. CIVIL ACTION - LAW LELA A.TAYLOR, IN DIVORCE Defendant 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 may proceed without you and a decree of divorce or annulment may be entered against you by the court, A judgment may also be entered against you for any other claim or relief requested in these pages 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 Courthouse, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie LD, No. 75906 301 Market Street P, 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JAMES C, TAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0/-.3(, 'I f &,;,:.t I-U-N- CIVIL ACTION - LAW v. LELAA.TAYLOR, IN DIVORCE Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301((;) OR 3301(c{I OF THE DIVORCE CODE AND NOW, comes the Plaintiff, James C. Taylor, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, LELA A Taylor: 1, The Plaintiff is James C, Taylor, an adult individual, residing at 140 Big Spring Terrace, Newville, Cumberland County, Pennsylvania 17241. 2, The Defendant is LELA A. Taylor, an adult individual, residing at 140 Big Spring Terrace, Newville, Cumberland County, Pennsylvania 17241. 3, The Plaintiff and Defendant were married on July 19, 19_, in Dover, York County, Pennsylvania, 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six (6) months immediately prior to the filing of this Complaint. 5, The Plaintiff and Defendant have a minor daughter, Brandi Le Taylor, date of birth February 5, 1985, COUNT 1- DIVORCE 6. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 5 inclusive, of the Complaint as if the same were set forth herein at length. 7. There has been no prior action for divorce between the parties in this or any jurisdiction. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of marriage counseling and he may have the right to request that the Court require the parties to participate in counseling. THEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a Decree in Divorce under Section 3301(c) or 3301 (d) of the Divorce Code. COUNT 1/- EQUITABLE DISTRIBUTION 10. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 9 inclusive, of the Complaint as if the same were set forth herein at length. 11. Plaintiff and Defendant have legally and beneficially acquired certain real and personal property during their marriage. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property. JOHNSON, DUFFIE, STEWART lONER :147079 VERlf/CA TION I, JAMES C. TAYLOR, do verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C. S. ~4904 relating to unsworn falsification to authorities. , ita-v U;/ JAMES afTAYLOR Dated: b /;cr-J 0 ( I :147122 (:) ~t ~ & ~~ o ~ ~ "'9- - - - ...0 .... "0 . '). V?~~ ~~ ~~~~~ I I' ifJ ~""t) ~ r i"p... ~ ~ t -..... '-t.... ,~ (") C' ':~-; ~: . ->- c;; (~ Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie J.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-3698 JAMES C. TAYLOR, v. CIVIL ACTION - DIVORCE LELAA. TAYLOR, Defendant ACCEPTANCE OF SERVICE PURSUANT TO PA. R.C.P. 1930.4(D) I, LELA A. TAYLOR, accept service of the Complaint in Divorce in the above captioned matter on the date set forth to my hand below. Date: June Itf ,2001 By: \ "/'; ~ A !i!:f b7 Lela A. Taylo~ ~G "....) \;) ..~"" ," .-' Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-3698 JAMES C. TAYLOR., v. CIVIL ACTION - DIVORCE LELA A. TAYLOR, Defendant AFFIDA Vir OF CONSENT 1. A Complaint in divorce under Section 330 1 (c) of the Divorce Code was filed on June 15, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements rnade in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: ?)/{JZ \i fa ~~ LELA A. TAYLOR, efendant n () ~.:, , 1 (; ,- .', - , .) \1:'" , - , , .., . Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie J.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-3698 JAMES C. TAYLOR, v. CIVIL ACTION - DIVORCE LELAA. TAYLOR, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE CODE TO: LELA A. TAYLOR, Defendant 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 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. 94904 relating to unsworn falsification to authorities. Date: 7/11/02- I ~ d ~(JIftfm Lela A. Taylor, D fendant o <::; <' - ,',~) 'i:::' ..;.:; i~- C).:) " ,'f PROPERTY SE.TTLEMENT AGREEMENT THIS AGREEMENT, made this day of June, 2001, by and between JAMES C. TAYLOR, presently residing at 140 Big Spring Terrace, Newville, Cumberland County, hereinafter referred to as "HUSBAND," and LELA A. TAYLOR, residing at 140 Big Spring Terrace, Newville, Cumberland County, Pennsylvania, hereinafter referred to as .WIFE.' WITNESS ETH: WHEREAS, the parties were lawfully married on July 19, 1986, in Dover, (York County) Pennsyivania; and WHEREAS, in consequence of disputes and unhappy difficulties, the parties have agreed to live separate and apart during their natural lives; and WHEREAS, the parties are desirous of settling their existing property rights including an amicable equitable distribution, assignment and division of their property, which property is considered to be "m..rital property" as defined in the Divorce Code known as Act 26 of 1980, and amendments thereto enacted into law on February 12,1988; and NOW THEREFORE, in consideration of the promises and the mutual undertaking herein contained and for other good and valuable consideration, the parties, intending to be legally bound, agree as follows: 1. Seoaration. The parties shall hereinafter live separate and apart. Each shall be free from authority, and control, direct and indirect, by the other as if he or she were single and interference, unmarried. 2. Control of Agreement. The provisions of this Property Settlement Agreement shall govern all claims for alimony, spousal support, alimony pendente lite, counsel fees and costs, equitable distribution, or other property rights, and all other claims which the HUSBAND or WIFE has or might have against the other, except as set forth hereinafter. .. ~vr . 3. Divorce. A Complaint in Divorce has been filed by HG~AND in Cumberland County on June 12, 2001 to Docket No. Simultaneously with the execution of this Agreement, the parties agree to sign any and all documents necessary to obtain a Divorce Decree under Section 3301 (c) of the Divorce Code, including but not limited to, Affidavits of Consent, Affidavits Waiving Marriage Counseling, and Waivers of Notice of Intent to Seek Divorce under Section 3301(c) of the Divorce Code. The parties intend that this Agreement shall be incorporated into any forthcoming Decree in Divorce if possible and shall maintain its independence as an independently enforceable contract. 4. Real Propertv. The parties did not during marriage and currently do not own any real propertylt2 . /.. i ~C;~ ~ ~ 5. Custody..The parties he to have one natural child between themselves (Brandi Le Taylor, Date of Birth February 5, 1985). Wi \.... 5hO\,\\ hI''''!.. cu..s-tck\~ CJ~ ~ (:.\-..1"\.\ ~t '\M. 1'I.1I.41"I1~ AlIiSSi,te.,S c.1:Il\c.e.rl\\l\q S<l~4 cl"i\d. SlAo.. tLS c~a.n~"- \/'. C-u.S'ro~j \IiSi\",,~io"l <:.,\-'\\GSlq'l'",r'{-,OM.d.. t<<'Q.<\;tc....Jl. s......I'?<9rt ~"'''-\\ b.... Sov<....,,<...o:\ b",\ ~ \~~ c4 '\\-,t. :)u..t'\~c\.'\c...\-\O'f\\'" ua"ic.:..\-.. ~€.. \..cV~e. r~;.\d:. 6. Personal Prooerty. The parties have acquired certain personal property during the course of their marriage and hereby acknowledge and represent that such personal property will be divided to their mutual satisfaction except for the items set forth herein. Those items set forth herein shall be divided accordingly. All other items of personal property that are not set forth herein have aiready been divided to the parties mutual satisfaction. Neither party shall make any claim to any such items of marital property or of the separate personal property of either party which are now in possession or under the control of the other due to division under mutual satisfaction as well as division set forth below. Furthermore, each party agrees to waive any right, title, and/or interest they may have to the property in the possession of the other. Should it become necessary, the parties each agree to sign upon request, any titles of documents necessary to give effect to this paragraph. A. 1999 Fleetwood Ea91e Mobile Home - The Fleetwood Eagle mobile home in HUSBAND'S name shall be the sole and separate property of HUSBAND. HUSBAND shall hold WIFE harmless from any obligation resulting from said ownership. . B. Automobiles: 1. 2001 KIA Sofia in HUSBAND'S name shall be the sole and separate property of HUSBAND. HUSBAND shall hold WIFE harmless from any obligation resulting from said ownership. 2. 1983 Honda Goldwing in HUSBAND's names hall be the sole and separate property of HUSBAND. HUSBAND shall hold WIFE harmless from any obligation resulting from said ownership. 3. 1973 Dodge motor home in HUSBAND's names hall be the sole and separate property of HUSBAND. HUSBAND shall hold WIFE harmless from any obligation resulting from said ownership. 4. Apache Pop-Up Camper in HUSBAND's names hall be the sole and separate property of HUSBAND. HUSBAND shall hold WIFE harmless from any obligation resulting from said ownership. 5. 1989 Mercury Cougar in WIFE's name shall be the sole and separate property of WIFE. WIFE shall hold HUSBAND harmless from any obligation incident to the ownership thereof. 6. Honda 250 custom motorcycle in WIFE's name shall be the sole and separate property of WIFE. WIFE shall hold HUSBAND harmless from ar1Y obligation incident to the ownership thereof. 7. Waiver of Alimony. Alimonv Pendente Lite. Spousal Support. Counsel Fees and Expenses. The parties hereby agree to forever waive any past, present and/or future claim for alimony, APL, spousal support, counsel fees and expenses. 8. Health Insurance. Each party shall provide their own health insurance. 9. Bank Accounts. Any and all bar1k accounts in the parties' names which existed at separation have been previously divided to both parties' mutual satisfaction. The parties acknowledge that they have closed any joint accounts and removed the other party's name from the account so that there are no joint accounts remaining in existence. Furthermore, each party agrees to waive any right, title or interest he or she may have in any individual bank account of the other. 10. Pension and Retirement Benefits. Each party shall retain as their sole and separate property, any individual retirement account, andlor retirement benefit plan (including but not limited to pension or profit sharing plans, deferred compensation plans, defined benefit plans, 401 (k) plans, employee savings and thrift plans, IRA's, or other similar benefits), whether vested or non-vested. The above shall " specifically include a waiver of any spousal annuity benefits andlor beneficiary designations thereunder. Furthermore, each party shall be and remain the sole owner of any other asset in his or her control not specificaily covered by other provisions of this Agreement. Should it become necessary, each party agrees to sign any other title or documents necessary to give effect to this section upon request of the other party. 11. Credit Card Debt. Accept as provided herein any joint credit cards in existence shall be immediately canceled. Any debt incurred thereon shall be the sole responsibility of the party who incurred it. HUSBAND will be responsible for all credit cards in his name. WIFE will be responsible for credit cards in her name. Said provision shall be effective as of the date of Separation. 12. Miscellaneous Debt. Any debt not specifically listed in this Agreement shall be the sole and separate responsibility of the party who incurred it. 13. Agreement Executed Voluntarily and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she respectively: A. Is fully and completely informed as to the facts relating to the subject matter of this Agreement, and as to the rights and liabilities of both parties; B. Enters into this Agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind; C. Has given careful and mature thought to the making of this Agreement; D. Has carefully read each provision of this Agreement; E. Acknowledges that there has been a full and fair financial disclosure by both parties. and fully and completely understands each provision of this Agreement. 14. Release of All Claims. Each party releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred. Moreover, neither party is relieved or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. , 15. Holding Other Party Free and Harmless. HUSBAND hereby warrants to WIFE that he has not incurred and he hereby agrees that he will not hereafter incur any liability or obligation on which she is or may be liable. If any claim or action is brought attempting to hold WIFE liable for any such liability or obligation, HUSBAND shall, at his sole expense, defend WIFE against any such claim or action whether or not founded, and he shall hold her free and harmless therefrom. WIFE hereby warrants to HUSBAND that she has not incurred and she hereby agrees that she will not hereafter incur any liability or obligation on which he is or may be liable. If any claim or action is brought attempting to hold HUSBAND liable for any such liability or obligation, WIFE shall, at her sole expense, defend HUSBAND against any such claim or action whether or not founded, and she shall hold him free and harmless therefrom. 16. Additional Instruments. The parties shall, on demand, execute and deliver to the other, any document, specifically including but not limited to the deed and retirement beneficiary forms, 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 result of such failure. 17. Full Disclosure. The respective parties do hereby warrant, represent, and declare, and do acknowledge and agree that each is and has been fully and completely informed of, and is familiar with and cognizant of the wealth, income, real andlor personal property, whether jointly or individually titled, estate and assets 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 hereby specifically waived. The parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself that his or her heirs, personal representatives and assigns, that he or she will never at any time hereafter sue the other or his or her heirs, personal representatives or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full and proper disclosure. Further, both parties waive their right to have the inventory or financial disclosure statement of the other attached hereto. 18. Representation of the Parties. HUSBAND is represented by Johnson, Duffie, Stewart & Weidner, in connection with the negotiation and preparation of this Agreement. WIFE specifically acknowledges and understands that Johnson, Duffie, Stewart & Weidner has represented HUSBAND only throughout this matter, and understands that Johnson, Duffie, Stewart & Weidner cannot and did not in any way represent or render legal advice to WIFE. Each party has carefully read this Agreement and is completely aware not only of its contents but also of its legal effect. Each party acknowledges and accepts , that this Agreement, in the circumstances, is fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal Agreement and/or Agreements. 19. Waiver of Rights to Other Party's Estate. Except as provided for herein, HUSBAND and WIFE each waive any and all right: A. To inherit any part of the estate of the other at his or her death, except as provided herein; 8 . To receive property from the estate of the other by bequest or devise except under a Will or Codicil dated subsequently to the effective date of this Agreement; C. To act as personal representative of the estate of the other on intestacy unless nominated by another party legally entitled to so act; D. To act as the personal representative under the Will of the other unless so nominated by a Will or Codicil dated subsequently to the effective date of this Agreement; E. To claim a family allowance in the estate of the other. 20. Containment of Entire Agreement Herein. This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties relating to the rights and liabilities arising out of their marriage. This Agreement contains the entire agreement of the parties. 21. Partial Invalidity. If any portion of this Agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way. 22. Effect of Reconciliation. Cohabitation or Divorce Decree. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to the parties. This Agreement shall survive any such final judgment or Decree of Divorce. 80th parties shall have all rights and enforcement under applicable law including the Pennsylvania Divorce Code. This Agreement shall also ---- ~ ' remain in full force and effect even if the parties effect a reconciliation, cohabitate as Husband and Wife, or attempt to effect a reconciliation. 23. Modification. This Agreement shall not be subject to modification except as in accordance with Pennsylvania law and with a writing between both parties evidencing their intent to modify the Agreement. 24. No Waiver of Default. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the tenms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 25. Attorneys Fees and EJ(penses. Each party shall be responsible for their own attorneys fees and expenses. 26. Mutual Cooperation. Each of the parties shall, on demand, execute and deliver to the other, any deeds, bills of sale, quit claims, assignments, consents, tax retums, and other documents and do or cause to be done any other acts or things as 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 result of such failure. 27. Bankruptcy. Each of the parties acknowledges and agrees that with respect to the liabilities each is required to assume and pay under the provisions of this Agreement, each has the ability to fulfill his or her respective obligations from income or property not reasonably necessary to be expended for such party's maintenance and support or for the maintenance and support of such party's dependents. Should either party file a Petition under Title XI of the United States Code, or should a petition be filed against either involuntarily, each party acknowledges and agrees that he or she has the ability to fulfill his or her financial obligations under this Agreement and that such obligations shall not be discharged in bankruptcy. 28. Law of Pennsylvania Applicable. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 29. Date of Agreement. The effective date of this Agreement shall be the date on which the last party executes the Agreement if the parties do not execute the Agreement on the same date. Otherwise, the -- .:" effective date will be the date that both parties execute the Agreement if they execute on the same date. 30. Successors and Assigns. This Agreement, except as otherwise expressly provided herein, shall be binding on and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors and interest of the parties. IN WITNESS WHEREOF, the parties hereby have hereunto set their hands and seals the date and year first above written. o-vv-~ C - CZ ES C. TAYLOR '7/;>",1; j oIA TE f (' <~l(iXl\ c..rrc\.k;Q WI ESS \~o~ A,Y,,~ LELA A. TAYLOR iH'o'vl DA E ' :147086 "'No\-a-: \:'\ AY\.~ W\\~ ~<L.. to ~3r()j\a.?~ *'-..G .- (\.\~\-od~@ /1, I.l!L~) " L.~vt':.'C-'-V ' o c ~ '8- c.... (::: ::.~ I -0 -;: -;::. .' 'q.,: , ">,' C_~ 2: --\ ---:::. q, ~..., {1'1~ -0 ;1, j'J S~\~ c''':!) :)~~ '.'~' 'p., ~~J '.c.< (f\ 0::> ------ Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, PelIDsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-3698 JAMES C. TAYLOR, v. CIVIL ACTION - DIVORCE LELA A. TAYLOR, Defendant AFFIDA VlT OF CONSENT 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on June 15,2001. 2. The marriage of Piaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. S4904 relating to unsworn falsification to authorities. Date: .6/1;;/06 I (') ~ ~ ~. '5'> ~ toO' l. Co ;~ \.' ".;;.C \ u::> 0,0. j:1~ ~ O~ """ ti - - 'J>' ~ <.J1 ~ ..A --<. -' - Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JAMES C. TAYLOR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. v. CIVIL ACTION - DIVORCE LELAA. TAYLOR, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE CODE TO: JAMES C. TAYLOR, Plaintiff 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 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 wili 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. !'j4904 reiating to unsworn falsification to authorities. Date: s-/3 / /()S- I / ~ ~ = """ <...." c_ ~ I ..;:J s:. - - ~ ~ fi'e -Om~ -0 C;JI!7, "'t. -("\ c:> -- ;r~ (2\ -~ ?:l (.r' -l - Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-3698 JAMES C. TAYLOR, v. CIVIL ACTION - DIVORCE LELAA. TAYLOR, Defendant ACCEPTANCE OF SERVICE PURSUANT TO PA. R.C.P. 1930.4(D) I, LELA A. Taylor, accept service of the Complaint in Divorce in the above captioned matter on the date set forth to my hand below. Date: June -'2-, 2001 By: d, Qo< L~~~ 0 "" c~ <='-' 0 = ",n -n 4".);'. <:- :i!::n Q.,,'{: c:: .~ ::at:: ~.~i,c rn,. ,,-,) I -om ../ l.O 86 c:~ C. ",i' , "'"0 :~.,. ( ::ll: ;:::5 :rl .'~:' c N 2M 2~ 0' _..~\ =2 Cl ~> .:0 <.oJ -< Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JAMES C. TAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-3698 v. CIVIL ACTION - DIVORCE LELA A. TAYLOR, Defendant AFFIDA VIT I, LELA A. TA YLOR, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I 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. 94904, relating to unsworn falsification to authorities. Date: f 1IIIoz I I J.d)p. A~ Le/a A. Ta or ....~ ) r,) .- ~ '-., \;.::, ,>, .~.J - Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JAMES C. TAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-3698 v. CIVIL ACTION - DIVORCE LELA A. TAYLOR, Defendant AFFIDA VIT I, JAMES C. TAYLOR, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I 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. 94904, relating to unsworn falsification to authorities. Date: 6-1s I l~-- I I t:,:fI:, ----- Q ,<~ ~~ -ni.:.t. q::r". (/;.< ~::..., :~;€; ." ::.? r-> => "" "'" <- c::: :;I;: t ..;:> Q ~~ ?31t -:;J<;?, '~:n 5i ~~ 9 2D U1 '< (lO - - ...Joi4lJson, Dnffie, Stewart & Weidner ( By: Mark C. Duffie, Esquire I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiff JAMES C. TAYLOR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2001-3698 v. CIVIL ACTION - LAW LELA A. TAYLOR, IN DIVORCE Defendant PRAECIPE TO WITHDRAW COUNT 11 OF THE COMPLAINT IN DIVORCE TO THE PROTHONOTARY: Please withdraw Count 1/ of Plaintiff's Complaint in Divorce filed on June 15, 2001. Respectfully submitted, Date: June 8, 2005 By lONER JOHNSON, DUFFIE, STEWART 252420 .. ~\ ... , CERTIFICA TE OF SERVICE AND NOW, this --i!!':- day of June, 2005, the undersigned does hereby certify that she did this date serve a copy of the foregoing upon the other party of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Lela A. Taylor 7043 Carlisle Pike Lot 335 Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER BY~ Deborah J. ZI an ~. ...., = 0 = <.n -n '- :I' c:: ;;i:': m::!J t ~~ U) __0 (:) """ :2j-r-- ::it: c-5'] ~,:;,-,..o ..:::" dm -..! ..... U1 'J> -< :co ...... .< Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie, Esquire I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-3698 JAMES C. TAYLOR, v. CIVIL ACTION - DIVORCE LELAA. TAYLOR, Defendant 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) of the Divorce Code. 2. Date and manner of service of the Complaint: personal delivery to Defendant on June 18, 2001. Affidavit of Service was filed with this Court on July 29, 2002. 3. Date of execution of the Affidavits of Consent required by Section 3301 (c) of the Divorce Code: By the Defendant, July 11, 2002; By the Plaintiff, May 31, 2005. 4. Related claims pending: 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301(d)(1)(i) of the Divorce Code: Defendant's Waiver of Notice signed on July 11, 2002 and filed with this Court on Juiy 29, 2002. Plaintiff's Waiver of Notice signed on May 31, 2005 is being filed concurrently herewith. 252147 WEIDNER By: ~ ~ '- c ;;t:. \ \oD ~ :;... - - ~ ~:;::! "'r-:: :g~ v~':~, s,?'O .'-~ {"('\ o --A ..~ ~3 ~ <Jl cP . ~ ~ ~ ~ ~~~ ~~~~ ~~ ~~~ ~~~~ ~~ . . . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. . JAMES C. TAYLOR No. 2001 3698 . VERSUS IELA A. TAYLOR DECREE IN DIVORCE . . :r.~" 7...0 2005 ,IT IS ORDERED AND AND NOW, DECREED THAT JAMES C. TAYIDR , PLAINTIFF, AND IELA A. TAYLOR , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; 'Ire I'u.p=LLy Set:t1a'nint l'gt=","L dabai.:lt'E, 2001 slEll te .iJ..,,!,' iLOlBl.. 1:llt rot Ire1:grl. . inID this r:e:::rre in Di~ crd :is mfc::trCe"t>le as ro Clr:t:Er of Chlrt as ~ in 23 Pa. C.S. &ctim 3105. . - -- .." -.,.., .:; , ':;.- ..:, , . " "" , " "" , , , ~ . Am, a ~ ~~ PROTHONOTARY . . . . y / <:....:,':.~~,~f~'-\/' K:io.<>oc", .....-4_"", ~'-~ooooo . . . Of Of Of Of. (f.!'+' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . f- ~&].t., }d^f}e-1 .Jrt ~ ~.p1} JCl'~'~ # fp1 'I- r'f , , _~.., I (', .' -