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HomeMy WebLinkAbout05-3962 o SARAH R. KELLEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3962 EDWARD KELLEY, Defendant CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 8th day of August. 2005, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: I. A Complaint for Divorce was filed to the above term and number on August 3, 2005. 2. On August 3, 2005, a certified copy of the Complaint in Divorce and Custody was sent to the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P. 1920.4. 3. On August 3, 2005, a certified copy of the Complaint was set to the Defendant via first class mail, postage prepaid. 4. On or about August 8, 2005, undersigned counsel for Plaintiffreceived the return receipt card signed by the Defendant on January 13, 2005. Said receipt is attached hereto as Exhibit "A" and is incorporated herein by reference. Respectfully submitted, lU~~ Mark A. Mateya, E uire Attorney LD. No. 78931 P.O. Box 127 Boiling Springs, PAl 7007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff .. ~-.......... P8 FlInn 3811. '-'v 20001 Dolliliillc_lIIiIIIIIPt "~" .",~~_.._.._-"--'- .rI/1 EXHIBIT I A ~ ~~ t- ~-..\ -< "" C::::l C=:l CJ' ". C "'.., () " ~" ri.1p= -om -ill:? (:)6 :,;:j "'T~ (5:!.Jo ..., (:)rn -, ~ o :r~ :::: Cf? c.n c.n SARAH R KELLEY, Plain tiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA o v. ; NO. oS 3 q & ;) EDWARD KELLEY, 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 proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE 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 LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE P A 17013 (717) 249-3166 Le han demandado a listed en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE EST A DEMANDA A UN ABOGADO IMMEDIA T AMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO. VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA cm A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE P A 17013 (717) 249-3166 SARAH R. KELLEY, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. Os- 3 9e,..L ~ -u.- EDWARD KELLEY, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT FOR DIVORCE UNDER SECTION 3301(C)OR ill) OF THE DIVORCE CODE AND FOR EOUIT ABLE DISTRIBUTION AND NOW, comes the above-named Plaintiff, Sarah R. Kelley, by her attorney, Mark A. Mateya, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth. COUNT I DIVORCE UNDER SECTION 3301( C) OF THE DIVORCE CODE 1. Plaintiff is SARAH R. KELLEY, an adult individual who currently resides at 1040 Greenspring Road, Newville, Cumberland County, Pennsylvania 17241. 2. All legal papers may be served on Plaintiff by service on her Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, Pennsylvania 17007. 3. Defendant is EDWARD KELLEY, an adult individual who currently resides at 801 Sandbank Road, Lot 24, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on April 21, 1973, in Valencia, Butler, County, Pennsylvania. 6. There have been nD prior actions Df divDrce or for annulment Df marriage between the Parties in this Dr any Dther jurisdictiDn. 7. The marriage is irretrievably brDken. 8. Neither the PlaintiffnDr the Defendant are members Dfthe armed services Dfthe United States or any of its allies. 9. Plaintiff has been advised that counseling is available and that plaintiff may have the right tD request that the CDurt require the parties tD participate in cDunseling. 10. Plaintiff requests the Court tD enter a Decree DfDivDrce. COUNT II CLAIM FOR EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 11. Plaintiff and Defendant are the Dwners DfvariDUS items Dfreal property, persDnal prDperty, furniture and hDusehDld furnishings that may be subject tD equitable distributiDn by this Court. 12. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits which may be subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all property owned by the parties hereto; c. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of hearing on this Complaint, Plaintiff respectfully requests that pursuant to s304(a)(1) and (4) and S401(b) ofthe Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; d. For such further relief as the Court may determine equitable and just. Respectfully submitted, ~L~ Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 Dated: g(~/o~ I Attorney for Plaintiff VERIFICATION I, SARAH R. KELLEY verify that the facts set forth in the foregoing Complaint for Divorce are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. DATED: '7- ;). "{ - 05 .~~.'1i~ SARAH R. KELLEY ~ -0 1;& r) (") ?- ~ ~.... U e>! ~Jf D-- ~ "3 ~ -Q ? ,..., ~~~:,,~ C) C_i~ -/1 "" ~~ IT) I "..,- (..) ~ -- r.._" 1'....') J (f;- JA[;) ~ MARRIAGE SETTLEMENT AGREEMENT AGREEMENT made this /4.4 day of September, 2005, by and between SARAH R. KELLEY (hereinafter called "Wife") and EDWARD KELLEY(hereinafter called "Husband"). WI T NE S SE T H: WHEREAS, the Parties hereto are Husband and Wife, having been married on April 21, 1973, in Valencia, Butler, County, Pennsylvania. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the Parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the Parties hereto are desirous of settling fully and finally the respective financial and property rights and obligations as between each other, including without limitation: 1. The settling of all matters between them relating to ownership and equitable distribution ofreal and personal property; 2. The settling of all matters between them relating to past, present and future support and/or maintenance of Husband by Wife or Wife by Husband; 3. In general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, 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. AGREEMENT NOT PREDICATED UPON DIVORCE: It is specifically understood and agreed by and between the Parties hereto, and each of the Parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any Agreement for the institution, prosecution, defense or for the non- prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the Parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds, nor to prevent either party from defending any such action which may, has been, or shall be instituted by the other Party, or from making any just or proper defense thereto. 2. EFFECT OF DIVORCE DECREE: The Parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the Parties. 2 3. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE: The Parties agree that the terms ofthis Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to them. 4. ADVICE OF COUNSEL: The provisions of this Agreement are intended to effect a legally binding property settlement between the parties. Husband has been umepresented by counsel, and Wife has been represented by Mark A. Mateya, Esquire. Mark A. Mateya has advised Husband to retain his own counsel but Husband has chosen to represent himself. Each party acknowledges that he or she fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is fair and equitable, that it is being entered into freely and voluntarily and that this Agreement and the execution thereof is not the result of any duress, undue influence or collusion. 5. INTERFERENCE: Each party shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor in any way interfere with the 3 peaceful existence, separate and apart from the other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 6. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit claim, and forever discharge the other in the estate of such other, for an time to come, and for all purposes whatsoever, of and from any and an rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) ofthe other or against the estate of such other, or whatever nature and whatsoever 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 byway of dower or courtesy, or widows or widowers rights, family exemptions or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country, or any right which Wife may have or at any time hereafter have for past, present or future support of maintenance, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result ofthe marital relation or otherwise, an rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof It is the intention of Husband and Wife to give 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 4 and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 7. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS: Eachparty understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non- marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. 5 e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to either party that property which the court determines to be the parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, debt allocation, and counsel fees, costs and expenses. 8. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they will divide the marital property as ofthe date of this Agreement, including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter Husband agrees that all the property in the possession of Wife on the date ofthis Agreement shall be the sole, separate property ofthe Wife; and Wife agrees that all of the property in the possession of the Husband on the date of this Agreement shall be the sole, separate property of Husband . 9. AFfER-ACOUlRED PERSONAL PROPERTY: Each of the Parties shall hereinafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her after January 10,2005, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 6 10. DIVISION OF VEHICLES: With respect to the vehicles owned by one or both of the parties, or the net proceeds or value derived from any prior sale or trade in thereof, they agree as follows: Each party has already acquired their own vehicles; Husband has a 2002 Chevrolet Truck and 1992 Chevrolet Tmck and Wife has a 1995 Van. The titles or lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subj ect to a lien or encumbrance the party receiving said vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other part hannless from said lien or encumbrance. Each ofthe parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 11. REAL PROPERTY: Husband and Wife hereby agree that all right, title and interest in the real estate located at 1040 Greenspring Road, Newville, Cumberland County, Pennsylvania is the sole property of Wife as ofthe date ofthe signing of this Agreement. The quitclaim deed to the property mentioned above, executed on the date of the execution of this document, is incorporated by reference herein. 7 12. CASH PAYMENT: Wife agrees to pay to Husband Thirty-Five Thousand Dollars ($35,000.00) within five (5) business days of the signing of this agreement. 13. LIABILITIES: It is further mutually agreed by and between the parties that the debts be paid as follows: A. The Husband shall assume all liability for and pay and indemnify the Wife against any of his individual debts. B. The Wife shaU assume aU liability for and pay and indemnify the Husband against any of her individual debts as well as the joint obligations on the marital residence. C. The parties agree that there are no other joint debts ofthe parties. 14. WARRANTY AS TO EXISTING OBLIGATIONS: Each Party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other Party may be responsible or liable except as may be provided for in this Agreement. Each Party agrees to indemnify or hold the other Party harmless from and against any and aU such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 15. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after January 10, 2005, except as may be otherwise specifically provided for by the terms of this 8 Agreement and that neither ofthem shall hereafter incur any liability whatsoever of which the estate of the other may be liable. 16. PENSION AND RETIREMENT: Wife and Husband hereby agree that they each waive their right, title and interest in the other's pension, 401(k), IRA, investments or retirement plans. Husband and Wife agree to sign any and all documentation necessary to effectuate said waiver. 17. OTHER DOCUMENT A TI ON: Wife and Husband covenant and agree that they will forthwith (and within at least twenty (20) days for demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or other such writings as may be necessary or desirable for the proper effectuation of this Agreement in order to carry out fully and effectively the terms of this Agreement. 18. FULL DISCLOSURE: Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wherever located belonging in any way to either or both of them, of all the debts and encumbrances incurred in any manner whatsoever by either or both of them during the marriage, of all sources and amounts of income of each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering in this Agreement. 9 .' . 19. FEES. COSTS AND EXPENSES: Each party agrees to be solely responsible for her and his respective counsel fees, costs and expenses in negotiating and concluding this Agreement, dissolving their marriage and consummating all provisions ofthis Agreement. 20. ENTIRE AGREEMENT: This Agreement contains the entire understanding between the Parties. There are no representations, warranties, covenants or undertakings other than as expressly set forth herein. 21. WAIVER OR MODIFICATION TO BE IN WRITING: No modification nor waiver of any ofthe terms hereof shall be valid unless in writing and signed by both Parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 22. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 23. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors and assigns. 24. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, 10 condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any Party to meet his or her obligations under anyone or more of the paragraphs herein with the exception ofthe satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations ofthe Parties. 25. NO W AIVEROFDEFAUL T: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default ofthe same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 26. BREACH: If for any reason either Husband or Wife fails to perform his or her obligations hereunder to the other spouse, and the other spouse incurs any expense hereby (including but not limited to legal fees and costs) in enforcing his or her rights, the non-breaching party shall have the right, 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 spouse who failed to perform the obligations agrees to indemnify the other spouse and hold him or her harmless from any and all such expenses. 27. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for the convenience of 1 1 reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or effect. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above-written. WITNESS: JJfJs.J 0cu~ '!3 '1~ (SEAL) SARAH R. KELLE (SEAL) 12 . . . . COMMONWEALTH OF PENNSYLVANIA l)/HIPtfIJl! FAA. : SS. COUNTY OF CtJMBEPJ...^.N.I) On this, the ~ day of ~.J ,2005, before me, a Notary Public in and for said Commonwealth and County, personally appeared SARAH R. KELLEY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~lnA) O. I2LPujj1A.J Notary Public My Commission Expires: (SEAL) Notarial Seal Frances A. Aumiller, Notary Public City of Harrisburg. Dauphin County My Commission Expires Mar. 16, 2006 Member, Pennsylvania AssOCiation of Notaries COMMONWEALTH OF PENNSYLVANIA n\UPi-Il,v : SS. COUNTY OF CtlMDERLAND (f>1c On this, the 14>>-day of~.J , 20r%, before me, a Notary Public in and for said Commonwealth and County, personally appeared EDWARD A. KELLEY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seaL ~Mj'-fd) fl. ~ j Notary Public My Commission Expires: (SEAL) Notarial Seal ;;'rances A. Aumiller. Notary Public lty of Harnsburg, Dauphin County My Commission Expires Mar. 16, 2006 Member, PennsylvanIa ASSoclatlonofNotalies 13 0 r-> 0 ,-c> c- ~. :~") --n c,'''' Cl ::;.1 lC\ lei": ~ ,-> ..,..' ,2]. I "-.. - , C' '!_loo' , '1\ __",,7 ~-r. , - C'~~ ".j ";-.r JC:- -;"1 ..0 .-< c' SARAH R. KELLEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 05-3962 EDWARD KELLEY, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 ( c) or (d) of the Divorce Code was filed on August 3, 2005. 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 ofa 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 herein are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. ~ 'f '1f-illOJ~ Sarah R. Kelley a Plaintiff DATED: 1/-;J,3-()5 <-' z; c:) rn ,) , - (;(, .-1 -C -r\ f\ie :~)"!7 '.:.~) , :-n ',.-' C" :: -.:S(, " ~:\ '0 -:.:-<. ~ ~ ~ CJ SARAH R. KELLEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3962 EDWARD KELLEY, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER Ii 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 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 li- a.3 -(Jfj ~~~ Sarah R. Kelley Plaintiff C) c: r.....) c~~ ,-:;::':, <:;,.n o .1 :;::i Cl rri n I co r. \.D ( . . IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA SARAH R. KELLEY, Plaintiff v. NO. 05-3962 EDWARD KELLEY, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301( c) or (d) of the Divorce Code was filed on August 3, 2005. 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 herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATED: -1(-/h-OS p !,,---,) C:) C.::) .ccn CJ P"l C) C) ., ::::! :::::-:;r1 i"~ Q c.:) ::::-:; co .r-- \.D ........ I - - c. . . SARAH R. KELLEY, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3962 EDWARD KELLEY, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER & 330I(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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. S 4904 relating to unsworn falsification to authorities. DATE 11-1 b -0 -)' . ,-;> <.~::!, 'G'1 o (~\-" '(-; I o -(1 ::::1 (;"i C!? - ;.:0 - .. SARAH R. KELLEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3962 EDWARD KELLEY, 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: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: By certified mail on or about August 5, 2005. 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff November 23. 2005 by Defendant November 16. 2005 (b)(l) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None 5. (a) Date and manner of service ofthe notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice in !}3301( c) Divorce was filed with prothonotary: simultaneouslv herewith. ~ Date defendant's Waiver of Notice in 9330I( c) Divorce was filed with the prothonotary: Simultaneouslv herewith Plaintiff has filed a Waiver of the Notice ofIntention to Request Entry of A Divorce Decree. Mark A. Mate P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 Attorney for Plaintiff o ~:; "" ~s w' c:::> fT1 " \ o -;, -l ;:r::c I d C-.~ \::; :;;:;1:'> -";". OJ r- U) o , .. SARAH R. KELLEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3962 EDWARD KELLEY, 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: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: By certified mail on or about August 5, 2005. 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff November 23.2005 by Defendant November 16. 2005 (b)(I) Date of execution ofthe Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in 9330I( c) Divorce was filed with the prothonotary: simultaneouslv herewith. . , ~ Date defendant's Waiver of Notice in 9330I( c) Divorce was filed with the prothonotary: Simultaneouslv herewith Plaintiff has filed a Waiver of the Notice ofIntention to Request Entry of A Divorce Decree. Mark A. Mate P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff o c~:. ,..., c::. C' <::...n c:::> fT'. " I o -;, .-1 T--, ~~ -~. :;;7' co r- U) ~~~~~~~~~~+~+~~++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++~ +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY PENNA. STATE OF SARAH R. KELLEY Plaintiff NO. 05-3962 +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. VERSUS EDWARD KELLEY Defeddant DECREE IN DIVORCE YNI'L-..J.". If 200.::,-. IT IS ORDERED AND AND NOW, DECREED THAT SARAH R. KELLEY , PLAINTIFF, +. +. +. AND EDWARD KELLEY , 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; THE MARRIAGE SETTLEMENT AGREEMENT ENTERED INTO BY AND BETWEEN THE PARTIES IS INCORPORATED BUT NOT MERGED INTO THE By THE COURT: ATTEST: +. +. +. +. +. +. +. +. 'l'+++++ PROTHONOTARY +++++++++++++++++++++++++++++++++++++++++++++++++ +. +. . . . . . . . . . . +. +. . . . +. . . . . . . . . . . +. +. . . +. +. +. . +. J. +. +. . +. . +. . +. +. . . . . . . +. . +. +. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'H .~?~~~~ v~,/l/ fzv~ r~'pp .; .." ~'\... ". . -, ..,. .; , _.'>C? --c/. e; _.S'(/! 'f::( - e/