HomeMy WebLinkAbout01-4098
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
HOLLY 1. STUART,
No.
01-4098 Civil Term
P]aintiff
VERSUS
DARRY J. STUART~
Defendant
AND NOW,
DECREE IN
DIVORCE ;t ?"'S)~
~, IT IS ORDERED AND
DECREED THAT
L. STUART
, P LA I NT IFF,
AND
DARRY J. STUART
, 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
NONE
YET BEEN ENTERED;
This Agreement of October 27~ 1999 is hereby incorporated into the
the Final Divorce Decree.
.
PROTHONOTARY
.
J.
_~ 7- ~ r;n~ <c?-<.y
~t7 k' ~ ~ ~;ln c>(l-L, ~
SEPARATION AGREEMENT
1 <7
THIS AGREEMENT, made and entered into this c"' / day of
October, 1999, by and between:
\
DARRY J. STUART, of 5225 Joshua Road,
Mechanicsburg, Pennsylvania, party of
the first part, hereinafter "Husband"
AND
HOLLY LYNN STUART, of 5225 Joshua Road,
Mechanicsburg, Pennsylvania, party of the
second part, hereinafter "Wife"
WITNESSETH:
WHEREAS, Husband and Wife (collectively referred to herein
as "the parties") were married on July 26, 1997; and
WHEREAS, in consequence of disputes and unhappy
differences, Wife intends to live apart ~rom Husband effective
October 16, 1999; and
WHEREAS, the parties intend to confirm the pending
separation and make arrangements concerning their financial
affairs whether or not such separation takes place on October
16, 1999; and
WHEREAS, the parties have accumulated certain assets and
incurred certain debts during their marriage; and
WHEREAS, the parties acknowledge that each has had the full
opportunity to be advised independently and represented by
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
separate counsel concerning their respective rights, duties and
obligations arising out of their marital status and with respect
to the terms and provisions of this Agreement and the meaning
and legal effect thereof and have either obtained such counsel
and advice or have voluntarily declined to do so; and
WHEREAS, the parties having a full opportunity to be so
advised of their respective rights, duties and obligations
arising out of their marital status, and each having a full
opportunity to investigate and evaluate assets, liabilities and
all other aspects of each other's property and their jointly
owned assets and liabilities, have come to an agreement for the
final settlement of their property and affairs which they
believe to be fair, just and equitable.
NOW THEREFORE, in consideration of these presents and the
mutual covenants, promises, terms and conditions hereinafter set
forth and to be kept and performed by each party hereto, and
intending to be legally bound hereby,-theparties mutually agree
as follows:
l. INCORPORATION OF PREAMBLE. The foregoing preamble and
paragraphs are incorporated by reference herein in their
entirety.
2. MUTUAL SEPARATION. Husband and Wife shall be free from
constraint and control by the other as fully as if he or she
were unmarried. Neither shall disturb, trouble or interfere in
any way with the other or with any person for associating with
the other.
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
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3. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION. The
parties declare and agree that they have, prior to the execution
of this Agreement, voluntarily agreed to divide and distribute
between them a portion of the assets which they acquired during
their marriage. Wife shall own and possess, free and clear of
any right or-claim of Husband, those items of property set forth
on Exhibit A attached hereto and incorporated by reference
herein. Husband shall own and possess all other items of
furniture located in the marital home at 5225 Joshua Road,
Mechanicsburg and not designated on Exhibit A free and clear of
any right or claim of Wife. All other items of personal
property in the marital home, not constituting furniture or
described on Exhibit A, shall be divided between the parties as
they shall agree, it being acknowledged by the parties that they
will make a good faith effort fairly to divide the remaining
personalty between them. Wife agrees to return to Husband those
items so noted on Exhibit A.
The division and distribution of property as set forth
above has occurred whether or not said property is or would be
deemed to be marital property under Pennsylv~nia Divorce Code
and subject to equitable distribution.
The parties declare and acknowledge that they are fully
aware and familiar with all assets and property that each have
brought into the marriage and that has been obtained or acquired
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
separately or jointly by them during the course of their
marriage and therefore waive any valuation thereof. Each party
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expressly releases the other of and from any and all right of
equitable distribution or claims to assets and property of any
kind or nature whatever possessed in accordance with this
Agreement by the other party and hereby declares and
acknowledges that the voluntary division by them of all
property, whether marital or not, is fair and equitable.
4. MARITAL RESIDENCE AT 5225 JOSHUA ROAD, MECHANICSBURG.
Husband and Wife acknowledged that they acquired during
their marriage real property improved with a residence located
at 5225 Joshua Road, Mechanicsburg, Pennsylvania (hereinafter
the "marital residence"). It is further acknowledged that the.
marital residence is encumbered by a mortgage.
Wife agrees to execute a special warranty deed with
Husband, conveying all of her right, title and interest in the
marital residence to Husband. Such deed will be held by
Husband's attorney and recorded subsequent to and only in the
event Husband refinances the mortgage on the marital residence
as set forth below. Husband agrees to pay and be solely
responsible for payment of the mortgage on the marital premises.
Husband agrees to indemnify and hold Wife harmless of and from
any liability arising out of Husband's failure to pay the
mortgage.
Husband has the option within three (3) years of the date
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
of this Agreement to refinance the mortgage on the marital
residence for purposes of having Wife removed from said
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obligation. Wife agrees to promptly execute any and all
documents reasonably required by any lender refinancing the
mortgage for Husband. Upon refinancing of the mortgage, the
deed made reference to above shall be recorded by Husband.
In the event Husband does not refinance the mortgage within
three years of the date of this Agreement, the marital residence
shall be sold at a price to be determined solely within the
discretion of Husband and all proceeds of such sale shall be
paid to and belong solely to Husband. In the event the marital
residence is sold, Wife agrees to promptly sign all
documentation necessary for the listing, sale and closing on the
purchase and sale of the marital residence.
5. PRESENT DEBTS AND LIABILITIES. Wife acknowledges that
she has prior to the date of this agreement incurred credit card
debt on two credit cards that are in her name alone and for
which she is solely liable: Discover card #601l 3003 8054 l886
and PNC Visa card #4270 0326 1506 0603. Upon execution of this
Agreement by both parties and Wife's return to Husband of
property as noted on Exhibit A, Husband agrees to immediately
pay the outstanding Discover card debt of Wife and the
outstanding PNC visa card debt of Wife, the sum of which
payments by Husband shall in no event exceed $15,000.00. It is
agreed that at the time the items of property are picked up or
LAW OFFICES
delivered to Husband, Husband will simultaneously deliver the
SNELBAKER.
BRENNEMAN
& SPARE
above payments to Wife. Wife agrees to pay and be solely
responsible for payment of any remaining balances due under both
-5-
cards and any future charges made by her on those card accounts.
Except as otherwise noted herein and further excepting any
credit card debt for which Wife alone is responsible, Husband
agrees to pay and be responsible for all other debt known to or
disclosed to Husband that has been incurred jointly by both
parties prior to the date hereof. Each party agrees to be
solely responsible for the payment and extinguishment of the
debts allocated to him/her in accordance with this Agreement
whether or not the other party may be solely or jointly liable
to pay such debt through any agreement with the respective
creditor.
Each party agrees that he or she will indemnify and hold
harmless the other party of and from any and all liability,
loss, damage, expense and reasonable' att?rhey's fees arising
from said party's failure to payor extinguish any debt agreed
to be paid or extinguished in this Agreement.
6. PAYMENT TO WIFE BY HUSBAND. Husband agrees to pay to
Wife the difference between $l5,000.00 and the total amount paid
by Husband toward the credit card debts of Wife as specified in
Paragraph 5, above, upon execution of this Agreement by the
parties and upon delivery by Wife of the special warranty deed
made reference to in Paragraph 4, above. This payment will be
considered a payment to Wife as part of the equitable
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
distribution of marital property and not as alimony or support.
7. WIFE'S FUTURE DEBTS. Wife represents and warrants to
Husband that she will not contract or incur any debts or
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liabilities for which Husband or his estate may be responsible
and she shall indemnify and save Husband harmless from any and
all claims or demands made against him by reason of debts or
obligations incurred by her since the date of this Agreement.
8. HUSBAND'S FUTURE DEBTS. Husband represents and
warrants to Wife that he will not contract or incur any debts or
liabilities for which Wife or her estate may be responsible and
he shall indemnify and save Wife harmless from any and all
claims or demands made against her by reason of debts or
obligations incurred by him since the date of this Agreement.
9. TAXES. Husband and Wife agree to indemnify and hold
each other harmless should either party have to pay any taxes,
interest and/or penalties assessed asa result of any error in
the reporting of income and/or in the preparation of any tax
return by the other party during the years in which they are
married.
10. AUTOMOBILES. The parties acknowledge that Wife
acquired during their marriage a 2000 Honda civic which is
titled in Wife's name alone and encumbered by a debt for which
Wife is solely responsible. Wife shall retain sole possession,
ownership and use of the Honda free of any claim of Husband and
shall be solely responsible for paying the loan for which such
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
vehicle and shall hold harmless and indemnify Husband from any
liability for such loan.
The parties further acknowledge that they have leased
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LAW OFFICES
SNELS,\KER.
BRENNEMAN
& SPARE
together a Lexus. Husband shall retain sole possession and use
of the Lexus free of any claim of Wife.
Husband shall be solely liable for payment of any and all
sums due under the lease agreement respecting the Lexus and
shall hold harmless and indemnify Wife from any liability
thereunder. -Wife agrees to execute any documents necessary to
terminate the lease agreement at its expiration or prior thereto
if requested by Husband. Husband agrees to pay all costs
associated with removing Wife's name from the present lease.
Each party agrees to remove the other as a named insured under
their respective automobile insurance coverage. Husband also
agrees to have Wife's name removed from the liability or hazard
insurance policy covering the marital residence if permitted by
the insurer.
11. PENSION, 401K, RETIREMENT PLANS, BENEFITS AND
EMPLOYMENT BENEFITS.
Each party waives and forever releases the other of and
from any and all claims which either may have against the
other's pension, 401K Plan, retirement plan or any other
retirement plan, benefit or employee benefit or benefits. The
parties acknowledge that each has his or her own health
insurance through their present employers and they now and in
the future are not responsible for providing health or medical
insurance for the benefit of the other.
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12. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE.
Each party waives and forever releases the other party of
and from any and all claims which either may have against the
other for spousal support and for all claims which either may
have against the other by reason of and pursuant to the
Pennsylvania-Divorce Code (and the divorce law of any other
jurisdiction) including, but not limited to, alimony, alimony
pendente lite, equitable distribution of marital property,
counsel fees, costs and expenses, except that the performance of
any obligation created hereunder may be enforced by any remedies
under the Pennsylvania Divorce Code.
13. GENERAL RELEASE. Husband relinquishes his inchoate
intestate right in the estate of Wife, and Wife relinquishes her
inchoate intestate right in the estate of Husband, and each of
the parties hereto by these presents, for himself or herself,
his or her heirs, executors, administrators or assigns, does
hereby remise, release, quit-claim and forever discharge the
other party hereto, his or her heirs, executors, administrators
or assigns, or any of them, of any and all claims, demands,
damages, actions, causes of action or suits at law or in equity
of whatsoever kind or nature, for or because of any matter or
thing done, omitted or suffered to be done by such other party
prior to the date hereof, except that this release shall in no
LAW OFFICES
SNEL8AKER.
BRENNEMAN
& SPARE
way exonerate or discharge either party from the obligations and
promises made or imposed by reason of this Agreement.
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l4. SUBSEQUENT DIVORCE. Nothing herein contained shall be
deemed to prevent either of the parties from maintaining suit
for absolute divorce against the other in any jurisdiction based
upon any past or future conduct of the other, nor to bar the
other from defending any such suit.
In the event any such
action is instituted, the parties shall be bound by all terms of
this Agreement, and this Agreement shall be incorporated, but
not merged in any Order or Decree of Divorce.
l5.
SURVIVAL OF AGREEMENT.
It, is the intention of the
parties that this Agreement shall survive any action in divorce
which may be instituted or prosecuted by either party, and no--
order, judgment or decree of divorce, temporary, interlocutory,
final or permanent, shall affect or modify the terms of this
Agreement, but said Agreement may be enforced by any remedy at
law or in equity, including enforcement proceedings under the
Pennsylvania Divorce Code.
16. COUNSEL FEES. Each party to this Agreement shall be
responsible for paying his or her own counsel fees and related
costs associated with the future initiation of any divorce
action and the execution and consummation of the provision of
this Agreement.
17. COOPERATION. The parties agree to cooperate with each
LAW OFFICES
other and to make, execute, acknowledge and deliver such
SNELBAKER.
BRENNEMAN
& SPARE
instruments and take such further action as may hereafter be
-lO-
determined to be requisite and necessary to effect the purposes
and intention of this Agreement.
18. BREACH: INDEMNIFICATION. If either party hereto
breaches any provision hereof, then the nonbreaching party shall
have the right, at his or her election, to sue for damages for
said breach, or seek such other remedies or relief as may be
available to him or her, and the defaulting party shall be
responsible for payment of all reasonable legal fees and costs
incurred by the other party in enfor~ing his or her rights under
this Agreement. Each party agrees and covenants to indemnify
and hold harmless the other party from any and all liability
and/or claims and/or damages and/or expenses (including
attorneys' fees and expenses of litigation) that the indemnitee
may sustain or may become liable or answerable in any way
whatsoever, or shall pay upon, or in the consequence of, the
indemnitor's breach of any obligation, term or covenant of
indemnitor under this Agreement, including, but not limited to,
indemnitor's obligation to make any payment provided for herein.
19. VOLUNTARY EXECUTION. The parties declare and
acknowledge that they have had the opportunity to have the
provisions of this Agreement and their legal effect fully
explained to them by independent counsel of their choosing and
each party acknowledges that this Agreement is fair and
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
equitable, that it is being entered into voluntarily, with full
knowledge of the assets of both parties, and that it is not the
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result of any duress or undue influence. The parties
acknowledge that they have been furnished with all information
relating to the financial affairs of the other to the extent
same has been requested by each of them.
20. ENTIRE AGREEMENT. This Agreement contains the entire
understanding of the parties and there are no representations,
warranties, covenants or undertakings other than those expressly
set forth herein. The parties acknowledge and agree that the
provisions of this Agreement with re~pect to the distribution
and division of marital and separate property are fair,
equitable and satisfactory to them based on the length of their
marriage and other relevant factors which have been taken into
consideration by the parties. Both parties hereby accept the
provisions of this Agreement with respect to the division of
property in lieu of and in full and final settlement and
satisfaction of all claims and demands that they may now have or
hereafter have against the other for equitable distribution of
their property' by any court of competent jurisdiction pursuant
to the Pennsylvania Divorce Code or any amendments thereto.
Each party voluntarily and intelligently waives and relinquishes
any right to seek a court ordered determination and distribution
of marital property, but nothing herein contained shall
constitute a waiver by either party of any rights to seek the
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
relief of any court for the purpose of enforcing the provisions
of this Agreement.
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21. WAIVER. The waiver of any term, condition, clause or
provision of this Agreement shall in no way be deemed or
considered a waiver of any other term, condition, clause or
provision of this Agreement.
22. APPLICABLE LAW. This Agreement shall be construed,
interpreted and enforced according to the laws of the
Commonwealth of Pennsylvania.
23. HEADINGS. The headings or titles of the numbered
paragraphs of this Agreement have been used only for the purpose
of convenience and shall not be resorted to for the purpose of
interpretation or construction of the text of this Agreement.
IN WITNESS WHEREOF, the parties have hereunto set their
respective hands and seals the day and year first above written
intending to legally bind themselves and their respective heirs,
personal representatives and assigns.
WITNESSED BY:
HUSBAND:
~'
lo-a~ (SEAL)
WIFE:
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
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14.
15.
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18.
19.
20.
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22.
LAW OFFICES
SNELBAKER. 23.
BRENNEMAN
& SPARE 24.
25.
EXHIBIT A
PURPLE CHAIR AND FOOT CHAIR
SONY TV
BLACK TV STAND IN MASTER BEDROOM
BLACK CHAIR CRACKLE PAINTED
CHROME AND GLASS TABLES X2
PICTURES X4
BLACK STAND
FOUNTAIN
BLACK SHELF
TREAD MILL
STEPPER
SMALL 13 TV HOLLY'S
TV STAND IN WORK OUT ROOM
SMALL STAND IN WORK OUT ROOM
CLOTHES AND SHOES HOLLY'S
PAMPERED CHEF STUFF
LAWN CHAIR, GREEN TABLE AND CHAIR '
FLOWER HOLDER FOR OUTSIDE
BAILEY AND ALL THINGS
X-MAS ITEMS, HOLLY WILL
THAT SEASON
VCR
SOME MOVIES
KRUPP OVEN
IRON & IRON BOARD
1/2 DECOR
GIVE ME ITEMS OF X-MAS STUFF DURING
L.AW OFFlCES
SNELBAKER.
BRENNEMAN
& SPARE
.
26. SOME CDS AND HOLDER
27. SOME PLANTS
28. CRaCKPOT, BRAUN BLENDER, POT HOLDERS, COFFEE POT
29. TOMMY BATHROOM
30. COAT RACK
31. BLUE STOOL
32. CD-BOOM BOX
33. BLACK TABLE IN SPARE BEDROOM
34. BATHROOM TOWELS
35. MOTOROLA PHONE
36. PANTRY BOWLS, CASSEROLES BASKET ICE BUCKET
37. SCALE
38. KITCHEN TABLE ONLY
39. DECOR ABOVE FOUNTAIN
40. WEDDING BOX, AND OTHER ITEMS
ITEMS TO BE RETURNED BY WIFE:
1. BLACK & WHITE COMFORTER
2. TWO PILLOWS WITH BLACK CASES
3. ONE PILLOW AND GREEN CASE
4. GARAGE DOOR OPENER
5. X-MAS ITEMS l/2 AT CHRISTMAS TIME
6. CLOTHES LINE
7. PATIO UMBRELLA
8. AMISH TOY
9. DAY BED, to be returned within forty-five days of the
date of this Agreement
HOLLY L. STUART,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
No.01-4098 Civil Term
DARRY J. STUART,
CIVIL ACTION- IN DIVORCE
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. Ground for divorce: irretrievable breakdown under Section ( X) 3301 C ( ) 3301 D of the
Divorce Code. (Check applicable code)
2. Date and manner of service of the complaint
Certified-restricted delivery 7/10/01
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 4/15/02 ; by defendant 4/22/02
(B) (1) Date of execution of the plaintiff's affidavit required by Section 3301 (D) of the
Divorce Code:
4. Related claims pending:
(2) Date of filing and service of the plaintiff's affidavit upon the respondent
NONE
5. (Complete either (a) or (b).)
(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 ~ 3301(c) Divorce was filed with the Prothonotary:
4/23/02
Date defendant's Wavier of Notice in ~ 3301 (c) Divorce was filed with the Prothonotary:
4/23/02
-
Attorney for ( x) Plaintiff
( ) Defendant
Prothcn.-49
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J.
HOLLY L. STUART,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VB.
NO. 01 - .L.t(Jqp
C~u~l~~
DARRY J. STUART,
Defendant
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN
the claims set forth
action.
SUED IN COURT. If you wish to defend against
in the following pages, you must take prompt
You are warned that if you fail to
proceed without you and a decree of divorce
entered against you by the Court. A judgment
against you for any other claim or relief
papers by the Plaintiff. You may lose money
rights important to you, including custody
children.
do so, the case may
or annulment may be
may also be entered
requested in these
or property or other
or visitation of your
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
Court Administrator's Office, Cumberland County Courthouse, Carlisle,
PA.
PROPERTY,
GRANTED,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
DO NOT
OFFICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
VB.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. (1/- '-IOq 'g ~ ~
HOLLY L. STUART,
Plaintiff
DARRY J. STUART,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
3301 (c)
1. Plaintiff is HOLLY L. STUART, whose mailing address is
323 Rosemont Avenue, New Cumberland, Cumberland County, Pennsylvania.
Plaintiff's social security number is # 184-68-0514.
2 .
Defendant
is
DARRY J. STUART, who resides at 5225
Joshua
Road,
Mechanicsburg,
Cumberland
County,
Pennsylvania.
Defendant's social security number is 016-66-9273.
3.
Plaintiff
has been a bona fide resident in the
Corrnnonwealth
for at least six months irrnnediately previous to
the filing of this Complaint.
4. The Plaintiff and Defendant were married on July 26,
1997 in Cumberland County, Pennsylvania.
5. There has been no prior action for divorce or for
annulment between the parties.
6. The Defendant is not a member of the Armed Forces.
7. The marriage is irretrievably broken.
8.
Plaintiff
has
been advised of the availability of
marriage counseling and that she may have the right to request the
Court to require the parties to participate in such counseling.
Being
so
advised,
Plaintiff
does
not request that the Court
require the parties to participate in counseling prior to a Divorce
Decree being handed down by the Court.
WHEREFORE,
the
plaintiff prays your Honorable Court to
enter a Decree in Divorce from the bonds of matrimony.
Respectfully submitted:
~
Jud' h A. Calkin, Esquire
A rney for Plaintiff
2201 North Second Street
Harrisburg, PA 17110
(717) 238-2312
Commonwealth of Pennsylvania:
ss.
County of Dauphin
I verify that the statements made in this 3301 (c) Divorce
Complaint 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
Date:
Sworn and Subscribed
~
before me this J 7 day
of ~1\i\...L I 2001.
~'CC','-'L [C~1..jfl4Yt--
Notary Public
, .
CERTIFICATE OF SERVICE
I, Judith A. Calkin, do hereby certify that a true and
correct copy of the 3301 (c) Divorce Complaint was served by U.S.
postal delivery, certified-restricted delivery from Harrisburg, PA.
postage-prepaid to the following person:
Darry J. Stuart
5225 Joshua Road
Mechanicsburg, PA 17055
Dated:
~/4i~1
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
HOLLY L. STUART,
vs.
NO. 01-4098 CIVIL TERM
DARRY J. STUART,
Defendant
IN DIVORCE
AFFIDAVIT
OF
SERVICE
I, Judith A. Calkin, Esquire, deposes and says:
l. That she is an adult individual residing in Dauphin
County, Pennsylvania.
2. That on July 6, 2001 sent by certified delivery,
requested from Harrisburg, Pennsylvania, No. 7099 3220 0009 4715
4589, if applicable, the 3301 (c) Divorce Complaint in the above-
captioned case to:
Darry J. Stuart
5225 Joshua Road
Mechanicsburg, PA 17055
3. That on July lO, 200l Darry Stuart signed the receipt
Date: 4/22/02
this affidavit.
No. 7099 3220 0009
I~'
Calkin, Esquire
for Plaintiff
220l North Second Street
Harrisburg, PA 17110
(717) 238-2312
'"
U S postal Service
CE'RTIFIED MAIL RECEIPT . .
(DOmestic Mail Only; No Insurance c~ve:age ProvIded)
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~ postage $ ~:~____u
['\.. Certified Fee
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Return Receipt Fee
~ (Endorsement Required)
CJ Restricted Deiivery Fee
CJ (Endorsement Required)
Total postage & Fees
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HCLLY L. STUART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND CO., PENNSYLVANIA
vs.
NO. 01-4098 Civil Term
IN DIVORCE
DARRY J. STUART,
Defendant
MlfIDA VIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on July 2, 2001.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from the
date of the 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 understand that false statements herein are made
subject to the penalties of l8 Pa.C.S. Section 4904, relating to
unsworn falsification to authorities.
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olly . Stuart , /
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HOLLY L. STUART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND CO., PENNSYLVANIA
vs.
NO. 01-4098 Civil Term
IN DIVORCE
DARRY J. STUART,
Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION
3301 (c) OF THE DIVORCE CODE
1. I consent to entry of a final Decree of Divorce
without notice.
2. I understand that I may lose rights concerning
alimony, division of property, lawyer's fees or expenses if I do
not claim them before a divorce is granted.
3. I understand that I will not be divorced until a
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.
4. I verify that the statement 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. Section 4904, relating
to unsworn falsification to authorities.
DATE:
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HOLLY L. STUART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND CO., PENNSYLVANIA
vs.
NO. 01-4098 Civil Term
IN DIVORCE
DA..~RY J. STUART,
Defendant
At'}'IDA VIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on July 2, 2001.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from the
date of the filing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce
af.:er service of notice of intention to request entry of the
de8ree.
I understand that false statements herein are made
s~aject to the penalties of 18 Pa.C.S. Section 4904, relating to
ur:..sworn falsification to authorities.
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HOLLY L. STUART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND CO., PENNSYLVANIA
vs.
NO. 01-4098 Civil Term
IN DIVORCE
DARRY J. STUART,
Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION
3301 (c) OF THE DIVORCE CODE
1. I consent to entry of a final Decree of Divorce
without notice.
2. I understand that I may lose rights concerning
alimony, division of property, lawyer's fees or expenses if I -
not claim them before a divorce is granted.
3. I understand that I will not be divorced until a
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.
4. I verify that the statement 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. Section 4904, relating
to unsworn falsification to authorities.
DATE: '-f ,-ZZ - 02-
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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.lbillj .1 , .S~rv~Gtr 1-
, Plaintiff
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File No.
. rlRrtr)
vs.
IN DIVORCE
_-J){lX{~ j. ~~1UQ(t
Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/Defendant 1n the
~~~ matter, ha~~~len granted a Final Decree in Divorce on the
.:) day of \~ " ~' h~reby elects to resume the
prior surname of . _ \.. ~() n(~~ , and gives
this written notice pursua~t to the Pca;mjS of 1t.S~
DATF.'_ lrrL::Od-- .... 1J ::-ill
Sig ature
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L < JOY'\tS
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
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On the u/______ day of lJ.-I'..Q. , _n__' before me, a
Notary Public, personally appear d the aoove affiant known to me to
be the person whose name is subscribed to the within document and
acknowledged that he/she executed the foregoing for the purpose
therein contained.
In Witness Whereof,
I have hereunto set my hdnd and official
seal.
CJilid& n~Q. f1!,u0b.CI/e~
1C
NOT ARlA SEAL
CLAUDIA A. BREWBAKER. NOT ARY PUBLIC
Carlisle Bora. Cumberland County
My Commission Expires April 4, 2005
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