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HomeMy WebLinkAbout05-3737 r) LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney 1.0. No. 71873 10 17 North Front Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Mindelle L. Naylor MINDELLE L. NAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 2005 - ~ 3727 Civil Term GARY A. NAYLOR, Defendant CIVIL ACTION - LAW 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 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 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 of Cumberland County, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 MINDELLE L. NAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 2005 - .3 737 Civil Term GARY A. NAYLOR, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(~ OF THE DIVORCE CODE 1. The Plaintiff is Mindelle L. Naylor, an adult individual whose mailing address is 1111 Yverdon Drive, Apt. A-2, Camp Hill, Cumberland County, Pennsylvania 17011, and whose social security number is 173-52-8462. 2. The Defendant, Gary A. Naylor, is an adult individual, whose mailing address is 98 Guernsey Road, Biglerville, Adams County, Pennsylvania 17307, and whose social security number is 207-52-8297. 3. Plaintiff and Defendant were married on June 23, 1984, III Gettysburg, Pennsylvania. 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Defendant is not a member of the Armed Services of the United States or its allies. 6. Plaintiff is a citizen of the United States and Defendant is a citizen of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. There are two children born of the marriage; however, only one child is a minor; namely: Monica G. Naylor, born December 12, 1988. 10. Plaintiff avers that the grounds on which this action IS based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiffrespectfully requests your Honorable Court to grant a Decree in Divorce. Respectfully submitted, BY: Date: July 20, 2005 VERIFICA TION I verify that the statements made in this Complaint in Divorce 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. () , .,__ ,__.1...- ....1 r. ~M~~'i:)~tLEf\ L ~~~L~R Date: July 20, 2005 D -lQ - ~ '\6 - ........ 0 ("- ~ '\" ~ ~ ...... ~ ~ 3 .-1 ~"\-t ~~(~ ".~ CC!C'.':.'. ~ N . -)l> J, \ 'i~\ ~ ,...., = "-;,'") ,.....[l o -n <} J:" - . ' . . PROPERTY SETTLEMENT AGREEMENT '''1/17 THIS AGREEMENT, is made this ,J - day of November, 2006, by and between: MINDELLE L. NAYLOR, hereinafter referred to as Wife; -- AND-- GARY A. NAYLOR, hereinafter referred to as Husband; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 23, 1984, in Gettysburg, Pennsylvania; and WHEREAS, there are two children born of the marriage; however only one child is a minor at this time, namely, Monica G. Naylor, born December 12, 1988. . . " . WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they have separated and now live separate and apart from one another, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship. NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, husband and wife, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION It shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest Initials C,AN 2 Initials 1tt:dtl . , , ~ the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. Should a Decree, Judgment, or Order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such Decree, Judgment, Order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto, that this Agreement shall survive and shall not be merged into any Decree, Judgment, or Order of divorce or separation. It is specifically agreed however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any Order of divorce, Judgment, or Decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any Judgment and be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. Initials G :~N 3 Initials JniQ 3. MUTUAL RELEASES Husband and wife do hereby mutually remise, release, quit-claim or forever discharge the other and estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, or whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other or by way of dower or curtesy, of claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all other rights or a surviving spouse to participate in a deceased spouse's estate, whether arising under the United States, or any other country; or any rights which either party may now have or at any time hereafter have for the past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of husband and wife to give to each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal, or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and Initials G A j.J 4 Initialsm::&tl obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 4. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of the Divorce Decree, unless otherwise specified herein. 5. MUTUAL CONSENT/ADVICE OF COUNSEL Husband and wife acknowledge and understand the terms and conditions of this Agreement, and husband is represented by Clayton R. Wilcox, Esquire, and wife is represented by Diane M. Dils, Esquire. Each party acknowledges that he or she has received or has been given an opportunity to receive independent advice from counsel of his or her selection and was fully informed as to his or her legal rights and obligations. Husband and wife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement. Husband and wife acknowledge and accept that this Agreement is, under the circumstances, 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 collusion or improper or illegal agreement or agreements. Initials D. A tJ 5 Initialsm.tfl 6. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owed by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the parties shall have the right to petition the Court of Common Pleas of Dauphin County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of said asset. 7. DEBTS AND OBLIGATIONS Husband represents and warrants to wife that since the signing of this agreement, he has not, and in the future he will not contract or incur any debt or liability for which wife or her estate might be responsible and shall indemnify and save wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Initials GA~ 6 Initials mill Wife represents and warrants to husband that since the signing of this agreement, she has not, and in the future she will not contract or incur any debt or liability for which husband or his estate might be responsible and shall indemnify and save husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 8. REAL ESTATE The parties hereto acknowledge that they are the joint owners of real estate located at 98 Guernsey Road, Biglerville, Pennsylvania 17307. The parties hereto acknowledge that said real estate was recently appraised at a value of$190,000.00. The parties hereto acknowledge that at the time of the execution of this agreement there is a first mortgage balance owed of approximately $86,000.00, a home equity loan with a balance of approximately $34,000.00, and a second home equity loan with the approximate balance of $21 ,000.00. The parties hereto acknowledge that husband is desirous of retaining said real estate and hereby acknowledges his understanding that he shall refinance the first mortgage and home equity loan in the amount of $34,000.00 to remove wife's name from said obligation. Husband shall obtain a Release in connection with the second home equity loan removing wife's name from the same. Husband hereby indemnifies and holds wife harmless in connection with said obligation. At the time of refinancing, wife hereby agrees to execute a Deed thereby relinquishing all of her right, title and interest in said real estate to husband. Further, at the time of refinancing, husband shall pay to wife the sum of $30,000.00, representing wife's Initials 0~N 7 Initials~ share of the equity in the real estate as well as the difference owed to wife between the parties' pensions/retirement accounts as more fully set forth herein. The lump sum payment as set forth above, takes into consideration the fact that the second home equity loan incurred by the parties in the approximate amount of $21,000.00, was solely for the purpose of paying in full the parties credit card debt. Wife has provided for husband to receive a credit for $10,500.00 in the calculation of the lump sum payment due wife. Husband hereby acknowledges that said refinancing of the first mortgage, first home equity loan and assumption of the second home equity loan, shall occur within thirty (30) days of the date of this agreement, and prior to said refinancing, husband hereby agrees to be solely responsible for the payment of all three obligations, and hereby indemnifies and holds wife harmless in connection with the payment of said debt. 9. PERSONAL PROPERTY Husband and wife have agreed that their personal property has been divided to the parties' mutual satisfaction and neither party will make any claims to the property possessed by the other, except as set forth hereto: Husband and wife hereby acknowledge that they can amicably resolve a division of the household furnishings and personal property between themselves without the necessity of specifically setting forth which items each party will receIve. Husband and wife further acknowledge that wife shall be the sole and separate owner of the 2000 Honda Civic automobile and that husband shall be the Initials (~~ H 8 Initials'm,^Yl sole and separate owner of the 2000 Chevrolet Tahoe. Both parties hereto acknowledge that they will execute any and all documents necessary for said vehicles to be titled into their separate names when requested. 10. PENSION Husband and wife hereby acknowledge that husband has a savings/pension with his employer in the approximate amount of $31,550.00. Husband and wife hereby acknowledge that wife has a TIAA/CREF with her employer in the approximate amount of $21,301.00. Husband and wife hereby acknowledge that wife is owed the sum of $5,000.00 as a result of the values of said pension plans which accumulated during the marriage and that the sum of $5,000.00 is being paid to wife pursuant to the lump sum payment specifically set forth in Paragraph 8 above regarding the payment due wife at the time of refinancing. 11. WAIVER OF RIGHTS The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as amended February 12, 1998, particularly the provisions for alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and the parties hereby waive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable distribution of m~rital property, attorneys fees, and expenses. Initials 5~N 9 Initials 11A4- .' , 12. WAIVER OR MODIFICATION TO BE IN WRITING A modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties, and executed with the same formality as this Agreement. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 13. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all future instruments and/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of the Agreement. 14. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective legatees, devises, heirs, executors, administrators, successors, and assigns in the interest of the parties. 15. BREACH If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Initials (,; A "I 10 Initials ffifJl- Agreement shall be responsible for payment of attorneys fees and all costs incurred by the other in enforcing his or her rights under this Agreement. 16. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 17. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs/provisions and sub-paragraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 18. DIVORCE The parties hereto acknowledge that their marriage is irretrievably broken. The parties further agree to execute the necessary Affidavits of Consent and Waiver of Counseling, and Waiver of Notice of Intent to Request Entry of Divorce Decree upon request so that the divorce may become finalized. The parties further agree and acknowledge that this Property Settlement Agreement shall be incorporated into said Decree in Divorce; however, shall not merge therewith. 19. IRREVOCABILITY It is understood and agreed to by and between the respective parties thereto that the property division - distribution affected by the herein agreement IS Initials (:, A N 11 Initials m:&.n.. , . . IRREVOCABLE and that such division - distribution shall not be affected by any change of circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current, or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current, or future laws or case decisions. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. '-1'lul1 LU .'f.~ MINDELLE L. NA YL (SEAL) L-- (SEAL) Initials ~J 12 Initials 1fr1i1 . COMMONWEALTH OF PENNSYLVANIA . Notarial Seal Gad M. Rhodes. Notal)' Public Hanover 80TO. York COllnty My Commission Expires Nov. 6. 2007 Member. Pennsylvania AssocIation of Notlilr1es COMMONWEAL TH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the jJd day of ~iJJA7, 2006, before me, a Notary Public, the undersigned officer, personally appeared MINDELLE L. NAYLOR, 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 hereunto set my hand and official seal. My Commission Expires: J /- Ob -clC07 COMMONWEAL TH OF PENNSYLVANIA COUNTY OF ~AUPIIIN If d If m ~ On this, the f1th day of NJ if e m p ~JL.. , 2006, before me, a Notary Public, the undersigned officer, personally appeared GARY A. NAYLOR, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. M ., COMMONWEALTH OF PENNSYLVANIA/ Y commlsslOn ex 1 s: Notarial Seal Judith A. Szarowski. Notary Public Gettysburg Boro, Adams County My Commission Expires Oct. 18, 2010 Member, Pennsylvania Association of Notaries 13 IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~/JJ~ Notary PubliC) Initials (3[1/.1 Initials ~ -----------^ C __J -n ~_-, .-4 \ .r- l^; ~-~;, ") r"..) w , ~:J _..:,-.... ...... ~j~ -J :..< ,. - LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No, 71873 1400 North Second Street Harrisburg, P A 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Mindelle L. Naylor MINDELLE L. NAYLOR, Plaintiff vs. GARY A. NAYLOR Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 2005 CV 3737 DV CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the Complaint in Divorce has been served upon the Defendant, Gary A. Naylor, 98 Guernsey Road, Bieglerville, P A 17307 via Certified Mail, Receipt No. 7002 1000 0005 1876 8076. Attached hereto is the Return Receipt Card executed by Gary A. Naylor. Date: I:?! '1 pc, Respectful!y submitted, " , / "~)A ~ fi, tilt.! / ./J" e:r '------.- BY: " /' /1" L, , /' I ~ne M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, P A 17102 (717) 232-9724 LD. No. 71873 ~/ '..- SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: 0<%/7f It yC~7 9 ~a~jJ~'af(f y2dT~,_ ~ ~J " ." -/ -1 / -/ ',> 7 r::""'''(I.-l-,'I~LL.< 1'.1-/ I ' ""', () PeS7/2':QED ~ e//u<-r 2, Article Number (rransfer from service labeO PS Form 3811, February 2004 A. Signature COMPLETE THIS SECTION ON DEL IVERY x D. Is delivery address different from item 1? if YES, enter delivery address below: 3. Service Type ~ Certified Mail 'd'Regist'ered D insured Mail D Express Mail D Return Receipt for Merchandise DC.a.D. 7002 1000 ODDS 1&76 &076 4. Restricted Delivery? (Extra Fee) Domestic Return Receipt Yes 102595-02-M-1540 o ~ ~.'- ,~ ,,' ! ~~. t<"-.' (- . -:,r ~ Ii .-\ \ '", .) ~", -, .> c.~, ,:.. ; -~ ..... . ::<. -------- MINDELLE L. NAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS. No. 2005 CV 3737 DV GARY A. NAYLOR Defendant CIVIL ACTION - LA W IN DIVORCE AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on July 22, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of 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 made herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date::]) Dr ~ I ~ I ~ OO~ ~, Y{~ Mindelle L. Naylor, Plai Iff ---------- r;;; n ~:~;~ "-:-i", c::J r;-~ c--j ~'J e,.--, - ~- c..;-; --------------- MINDELLE L. NA YLOR. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2005 CV 3737 DV GARY A. NAYLOR Defendant CIVIL ACTION - LAW 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 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 Waiver 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:~k \Y\dOO~ ~ ~~-A Mindelle L. Naylor, Plaintiff r'J c.=... 1'-.:1 .:-:-:; ~:':"""~.J "'':).' C1 ~ . ~ '- ) :"".,,) c"-, , " ........,.f MINDELLE L NAYLOR. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS. No. 2005 CV 3737 DV GARY A. NAYLOR Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on July 22, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of 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 made herein are made subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn falsification to authorities. Date: /LjIJD~ ~rr/I/ L- Gary A. aylor, Defendant ~ ~.---' ~- " .. ';.....1"" !"-.J G, -;::i ~~~ -r> ~rJ .< Cil MINDELLE L. NAYLOR Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 2005 CV 3737 DV GARY A. NAYLOR, Defendant CIVIL ACTION - LAW 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 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 vvith the Prothonotary. I verify that the statements made in this Waiver 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: /2. /'/6 ~ ///}--7 H /? c- Gary A. Naylor, Defendant t---' ~~l <-' C1 r-rj C) ~," to~" o -n -1 ==." n'l~:; C; --. ---. ..~ ) :'-1 -,..,. oC, r :< en -- MINDELLE L. NAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2005 CV 3737 DV GARY A NAYLOR, Defendant CIVIL ACTION - LAW 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. Ground for divorce: Irretrievably broken under Section (X) 3301(c) or ( ) 3301 (d) of the Divorce Code. (Check applicable section) 2. Service upon Defendant: Certified Mail on July 29, 2005. 3. [Complete either Paragraph (a) or (b).] (a) Date of execution of Affidavit of Consent required by Section 3301(c) of the Divorce Code by Plaintiff, December 14, 2006; by Defendant, December 1, 2006. (b) Date of execution of Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: N/ A; Date of service of Plaintiff's affidavit upon Defendant: N/ A. ". 4. Date of service of Notice of Intent to Finalize under Section 3301(d) of the Divorce Code: N/A; 5. Date of filing of Waiver of Notice of Intent to Finalize by Plaintiff: Simultaneously herewith and by Defendant: Simultaneously herewith. 6. Related Claims Pending: None iane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, P A 17102 (717) 232-9724 Attorney for (x) Plaintiff ( ) Defendant Date: 102 ~ /94/ ~, ~~ ,_)r" C1 r~. .. ' ~"'" 0' -n -....- ::.- (.;~ ~~ ~~~~~~~~~~~~ ~ ~ ~~~~~~ ~ ~~~~~~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF MINDELLE L. NAYLOR PLAINTIFF VERSUS GARY A. NAYLOR DEFENDANT AND NOW, PENNA. No. 2005 CV 3737 DV DECREE IN DIVORCE :r~3 ~3.'OOf',t'l. 200( , IT IS ORDERED AN D DECREED THAT MINDELLE L. NAYLOR , PLAINTIFF, AND GARY A. NAYLOR , 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; Property Settlement Agreement filed simultaneously herewith. ;+;"'",~"'''';+:;+:~~~~;f.;f. PROTHONOTARY "''''''''''''';+;~'''~''''''~''';+;~~~~''' ~ ~"'~~~;f."'~~~~~~~~;f.~ J. /' ;<'~/ ~'" ?- /'iff"-~~)t!-, (,7 [l i ~. 7~/~' ( P t?, /{/ jJ'J.A..'J""'C~?' ~.) . / .~ . //! f /J.- --r-!/ r ,7 ' L.' (/ ,1../ . MINDELLE L. NAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 2005 CV 3737 DV GARY A. NAYLOR Defendant CIVIL ACTION - LAW DIVORCE AND NOW, this ORDER OF COURT 3et day of ,,~~ 20;t, upon presentation and consideration of the within Property Settlement Agreement November 13, 2006, it is hereby Ordered that said Property Settlement Agreement is attached hereto and made a part of this Order of Court: BY THE COURT: ,,/ .. ... . - --) .." ." ~ (I ~~\ J. Distribution: Clayton R. Wilcox, Esquire, 234 Baltimore St., Gettysburg, P A 17325 f ,r' . . Diane M. Dils, Esquire, 1400 North Second St., Harrisburg, P A 17102 / . ' 0 1 \..' /) - {~./k4:'-'!f#l V1NV t\lASNfJ3d 1 HI' '.("'\~. r.... {"If '\ r" t.-.....-.IMnf"\. '\J.J'l, ,...1..'. ", ":.'~-!r'i! V I 0 :~ ;':d E- NVr LOOl lLl.<I"'" '1,"1.1 "1H' J.... AOV.:..U,\(J:l"LI...)(:.KJ ::; l.:JU 38H~O'iJ3lI:l