HomeMy WebLinkAbout05-4510TAMMY FRY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 2005 -ys/O CIVIL TERM
WESLEY FRY, CIVIL ACTION - LAW
Defendant
DIVORCE
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be entered against you by the
court. A judgment may also be entered against you for any other claim or relief requested in these
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 divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
TAMMY FRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 2005 - -lSla CIVIL TERM
WESLEY FRY, CIVIL ACTION - LAW
Defendant
DIVORCE
COMPLAINT FOR DIVORCE UNDER SECTIONS 3301 c and 3301(d
OF THE DIVORCE CODE
COUNT I - DIVORCE
1. Plaintiffis Tammy Fry, an adult individual who currently resides at 135 East Creek
Road, Newburg, Cumberland County, Pennsylvania 17240.
2. Defendant is Wesley Fry, an adult individual whose last known mailing address is 2919
Jefferson Street, Chambersburg, Franklin County, Pennsylvania 17201.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of
Pennsylvania for at least six months previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on June 8, 2000 in Shippensburg, Pennsylvania
5. There have been no prior actions of divorce or annulment between the parties.
6. Plaintiff has been advised of the availability of counseling and the right to request that
the Court require the parties to participate in counseling.
7. Defendant is not a member of the Armed Services of the United States or any of its
Allies.
8. Plaintiff avers that the grounds on which the action is based are:
a. Section 3301 (c) - the marriage is irretrievably broken.
b. Section 3301 (d) - the marriage is irretrievably broken and the parties are
now living separate and apart. Once the parties have lived separate and
apart for a period of two years, Plaintiff will submit an Affidavit alleging
that the parties have lived separate and apart for at least two years and that
the marriage is irretrievably broken. The parties have lived separate and
apart since July 10, 2005
WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce,
divorcing the Plaintiff and Defendant.
COUNT II - EQUITABLE DISTRIBUTION
9. Paragraphs 1 through 8 are incorporated by reference hereto as fully as though the
same were set forth at length.
10. Plaintiff and Defendant have acquired property and debts, both real and personal,
during their marriage from June 8, 2000 to the July 10, 2005, all of which are "marital property"
or "marital debts."
11. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto,
"non-marital property' which has increased in value since the date of marriage and/or subsequent
to its acquisition during the marriage, which increase in value is "marital property.,,
WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital
property and debts of the parties
Respectfully Submitted,
Megan Wore, Esquire
Law Offices of LopezNeuharth LLP
401 East Louther Street, Suite 101
Carlisle, PA 17013
(717) 258-9991
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TAMMY FRY,
vs.
WESLEY FRY,
IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005 - 4lSjp CIVIL TERM
Defendant
CIVIL ACTION - LAW
DIVORCE
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow Thomas Felton, Plaintiff, to proceed in forma pauperis.
I, Megan Malone, attorney for the party proceeding in forma pauperis, certify that I
believe the party is unable to pay the costs and that I am providing free legal service to the party.
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Megan Ione
Attorney for Plaintiff
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IN THE COURT O CQMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
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IN DIVORCE
De dant
Notice is hereby given
[select one by marking "x" I
. X prior to t
or after the
hereby elects to resume the
written notice avowing his
Date: /
COMMONWEALTH OF
COUNTY OF 04.,...L .?.
On the 3 ?, day of
notary public, personally
name is subscribed to the
foregoing for the purpose
In Witness Whereof, I
seal.
Plaintiff / defendant in the above matter,
of a Final Decree in Divorce,
of a Final ecree in Divorce dated,
surname of YLCl , and gives this
pursuant to the provisions of 5 P.S. 704.
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2002, before me, the Prothonotary or the
the above affiant known to me to be the person whose
and acknowledged that he / she executed the
contained.
set my hand hereunto set my hand and official
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Prothonotary or Notary Public
NOTARK
PROTHONOTARY NOTARY Pmuc
CARLISLE CUM9ERLANO COUNTY COURTHOUSE
MY COMMISSION EMRES JANUARY 4, 2010
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TAMMY FRY IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
2 aUS
V. NO. 2e:tY - 4510 CIVIL TERM
WESLEY FRY
Defendant
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Wesley Fry (Defendant), accepted service of a true and correct copy of the Complaint
in Divorce under section 3301 (c) of the Divorce Code and the Notice to Defend and Claim
Rights on the date written below.
I understand that false statements herein are made subject to the penalties of 18
Pa. C.S. §4904, relating to unworn falsification to authorities.
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Date: _ _06- Signature: t_?
Wesley Fry, D fendant
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TAMMY FRY IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
V. NO. 2005 - 4510 CIVIL TERM
WESLEY FRY
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under §3301(c) of the Divorce Code was filed on September
1, 2005.
2. The marriage of plaintiff and defendant is irretrievably broken, and ninety days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of divorce.
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. Section 4904
relating to unsworn falsification to authorities.
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TAMMY FRY IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
V. NO. 2005 - 4510 CIVIL TERM
WESLEY FRY
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A
DIVORCE DECREE UNDER 43301(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 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 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. §4904 relating
to unsworn falsification to authorities.
Date. Signature:
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TAMMY FRY IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
V. NO. 2011 - 4510 CIVIL TERM
WESLEY FRY
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under §3301(c) of the Divorce Code was filed on September
1, 2005.
2. The marriage of plaintiff and defendant is irretrievably broken, and ninety days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of divorce.
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. Section 4904
relating to unsworn falsification to authorities.
Date: kn Z_ tj Signature: T7Y
Wesley Fry, Def dant
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TAMMY FRY
Plaintiff
V.
WESLEY FRY
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
NO. 2005 - 4510
CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER 43301(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 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 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. §4904 relating
to unsworn falsification to authorities.
Date: +u -1 Signature:.,
Wesley Fry, Def dant
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23.12 JAN 18 PM 4, 2 5
CUMBERLAND COUNTY
PENNSYLVAINIA
PARATION AND PROPERTY
SE AGREEMENT
SETTLEMENT Between
TammY lean Fry
And
Wesley Allen Fry
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THIS AGREEMENT made this day of Septci 7 ,, 2011, by and between the wife,
Tammy Jean Fry, hereinafter known as Wife, and the Husband, Wesley Allen Fry, hereinafter
known as Husband.
WITNESSETH
WHEREAS, the parties hereto were married to each other on June 8, 2000 in Shippensburg,
Pennsylvania and certain differences have arisen between them which appear to be irreconcilable,
and because of this the parties are now living separate and apart from each other; and
WHEREAS, it is agreed and stipulated that the parties have separated from each other since July
10, 2005; and
NOW, THEREFORE, in consideration of the mutual promises and covenants herein set forth,
Husband by his signature below, and Wife by her signature below, do contract and agree to be
bound by the terms that here follow:
1. PURPOSE AND INTENT
The purpose and intent of the Parties to this Separation and Property Settlement Agreement are to
resolve as many of the financial issues of the marriage as the parties can agree to.
2. SEEKING ADVICE FROM AN ATTORNEY
If Wife or Husband waive a right that he or she may be entitled to, such as spousal support or any
right related to property/debt matters, then he or she will likely waive it forever. It is therefore
strongly recommended that any party that is not represented seek the advice of an attorney before
signing any Separation and Property Settlement Agreement to ensure that he or she is aware of
all of his or her rights.
3. REAL PROPERTY
With respect to the lot of ground, with improvements thereon, commonly referred to as at 135
East Creek Road, and more correctly described in the Deed of Sale dated July 23, 1999 (the
"marital residence"), the parties agree that Husband will sell his rights, title and interest in the
marital residence to Wife for $1 (one dollar), who will receive in consideration of the $1, a grant
and conveyance in fee simple to Wife of the marital property.
4. MOVABLE PROPERTY
The parties agree that the Husband will remove from the marital residence and
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hold as his own property, all the items mentioned in Annexure "A".
ii. The parties further agree that Wife will hold as her own property the 1989 Forest
Park Trailer with Title Number: 42010890206 FR. Husband will provide all
assistance and co-operation that is necessary to move the Title form his name onto
the name of the Wife.
iii. The parties agree that the Husband will remove from the marital residence and
hold as his own property the following vehicles, the year of which is not certain: a
1985 Chevy Blazer, 1987 Honda Accord blue, a 1985 Honda Accord tan and a
1988 Nissan Pickup truck.
5. SPOUSAL SUPPORT
The parties agree that no spousal support shall be paid at this time.
6. FURNITURE, FURNISHINGS AND BELONGINGS
The parties agree that each shall keep the furniture, furnishings and other personal property
which they owned prior to the marriage and which was received as gifts or inheritance from
someone other than the parties during the marriage. In addition, the parties agree that they shall
each keep all furniture, furnishings and other personal property which is now in their possession
and such property will belong to that party, free and clear of the interest or claim of the other
party. Husband waives any right to any property in the possession of the Wife and Wife waives
any right to any property in the possession of Husband.
7. DEBTS OF THE PARTIES
The parties agree that they shall each be solely responsible for their own debts. The parties agree
that Husband shall indemnify and hold harmless, Wife, from any and all liability arising from his
debts or loans. Wife shall indemnify and hold harmless, Husband, from any and all liability
arising from his debts or loans. Subsequent to the date of execution of this Agreement, each
party agrees to be responsible for his or her own debts as he or she incurs same, and each agrees
not to charge debt to the other party or to attempt to obligate the other party in any way to any
creditor. Each party agrees to make all of his and her debt payments promptly and regularly as
may be required by the respective creditors and each agrees to hold the other harmless there
from.
8. MEDICAL INSURANCE
Husband and Wife will each be separately responsible for their own medical or health insurance.
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9. PENSION/RETIREMENT/401K ACCOUNT
The parties agree that each party shall keep and be responsible for his or her own
pension/retirement/401K account (if applicable).
10. FREEDOM FROM INTERFERENCE
The parties shall be free from interference, authority or control of the other as fully as though
each were unmarried. Each may engage in any business or profession as each may choose free
from any business or profession as each may choose free from any influence from the other.
Each may reside where he or she may choose free without restriction of the other. Each may
choose his or her friends to associate with, whether they be of the same or the opposite sex, and
the other shall not inquire as to the nature of the relationship, nor interfere with it in any way.
The parties agree not to molest or harass each other at their respective places of employment,
residence, on the streets or elsewhere.
11. WAIVER OF INTEREST IN PROPERTY
Except as otherwise here provided, each party hereby relinquishes and release all statutory and
common law rights which each may have or in the future may acquire to any property, real or
personal, which the other now owns or may hereafter acquire and each agrees that he or she will,
upon request of the other, execute and deliver such releases or assurances as may be desired by
the other to indicate, demonstrate or carry-out the release and relinquishment of such interest.
12. WAIVER OF INTEREST IN ESTATE
Except as may be otherwise provide herein, each party hereby now and forever waives and
releases in favor of the other all claims or demand arising out of the marriage relationship,
including dower and courtesy rights, homestead allowance rights, family allowance rights, the
right to elect against a will of the other, the right to any distribution of the estate of the other, the
right to any distribution of the estate of the other, the right to inherit any property of the other by
Will or by the laws of intestacy, the right to act as executor or administrator for the estate of the
other, and any other such similar or related acts. These waivers are intended to be fully effective
and binding both under general principles of law and any applicable Code. This shall not
constitute a bar or waiver of either party to take a bequest or to serve in any capacity according to
the Will of the other if said Will was executed subsequent to the execution of this Agreement.
13. ENFORCEMENT
In the event that either party should take legal action against the other by reason of the other's
failure to abide by this Agreement, the party who is found to be substantially in violation of this
Agreement shall pay to the party who substantially prevails in said action, the prevailing party's
reasonable attorney's fees, investigators costs, court costs and any other costs reasonably incurred
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in the enforcement of this Agreement.
Any such costs incurred by a party who substantially prevails in the defense of any action for
enforcement of any of the agreements, covenants or provisions of this Agreement shall be borne
by the parties seeking to enforce compliance.
14. EXECUTION OF DOCUMENTS
The parties hereto agree that each will execute any necessary documents required reasonably to
carry out the terms of and intent of this Agreement so as to enable either party to sell, convey, or
otherwise dispose of his or her real or personal property, free of any rights or interests of the
other parry. Such documents may include deeds to real property, titles to automobiles,
certificates of stock, certificates of deposit, deeds of trust to property owned by the other party,
etc.
15. MODIFICATION OR WAIVER
It is understood that no modification of the terms of this Agreement shall be valid unless such
modification is in writing, signed by the party to be bound by such modification. No waiver of
any default of this Agreement shall constitute a waiver of any other or any subsequent default.
16. GOVERNING LAW
This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania
existing at the time of the execution of the Agreement.
17. INCORPORATION INTO DIVORCE
The parties agree that this Agreement in its entirety shall be submitted to the Court in which any
divorce action is filed and it shall be ratified, approved and shall be incorporated into and made a
part of the Final Decree of that action. The parties each agree not to oppose such incorporation
and they agree that subsequently, this Agreement shall be enforceable as part of said decree or
independently as a contract between the parties. In addition, the parties agree that any
amendments or modifications to this Agreement entered into after such incorporation into a
Decree shall be incorporated in an Amended Decree in order that the court record reflect the
intent and meaning of the parties' agreements.
18. SUBSEQUENT DEBTS, PLEDGING OF CREDIT
Each party agrees to be fully responsible for his or her own debts, charges and obligations
henceforth. Each agrees not to charge on accounts for which the other may be liable without the
express written consent of the other, nor to pledge the credit of the other in any way without
express written consent. Further, each party agrees to indemnify the other in the event of any
loss for any debts, charges or obligations created by that party for which the other may suffer a
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loss.
19. SEVERABILITY
If any provision of this Agreement are found or held to be unenforceable or invalid, then all other
provisions of this Agreement shall continue to be in full force and effect, unless the part found or
held to be unenforceable or invalid causes a material and substantial failure of consideration in
the basic intentions and bargains of the parties.
20. BINDING EFFECT
The parties hereby covenant and agree that all stipulations, agreements and provisions shall
continue and apply in full force and effect and shall be obligatory upon the parties hereto, their
heirs, assigns, executors, administrators, trustees, successors-in-interest, etc., whether so
expressed or not.
21. PRIOR AGREEMENTS INVALID
In consideration of the covenants and agreements contained herein, the parties do hereby cancel,
nullify and invalidate any and all prior agreements as to the subject matter covered in this
Agreement
22. FULL DISCLOSURE OF ASSETS AND OBLIGATIONS
This Agreement is made upon the assumption that each of the parties hereto has made a full,
complete and total disclosure to the other of the nature and extent of all the assets. As to any
asset of a party to which no such full disclosure has been made by that party, then this Agreement
shall not apply to such asset and an appropriate Court is granted by the parties full jurisdiction to
divide such undisclosed assets equitably, pursuant to the equitable distribution law of
Pennsylvania.
23. UNDERSTANDING RIGHTS TO EQUITABLE DISTRIBUTION AND
SUPPORT
Both parties hereto have been advised that under the laws of the Commonwealth of Pennsylvania
they may have support rights, rights to equitable distribution of property, rights to lump-sum
awards of money, rights in the vested or unvested pensions of each other and they may have
other rights arising out of the marriage relationship of the parties. In executing this Agreement,
the parties waive any and all such rights as they may have to pursue such remedies under the
laws of the Commonwealth of Pennsylvania, or under the laws of another jurisdiction, and each
agrees to accept the provisions of this Agreement as full satisfaction for all such claims.
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24. UNDERSTANDING THIS DOCUMENT
The parties agree that they are entering into this Agreement freely and voluntarily and after due
thought and consideration to all of the relevant facts and circumstances regarding grounds of
divorce, property rights and values support rights and interests of any children involved. The
parties acknowledge that they have had the opportunity to seek legal advice of their own
choosing independent of the choice of the other. The parties each acknowledge that they have
read the Agreement fully, they understand it and they assent to it.
25. COUNSEL FEES AND COURT COSTS
The parties agree that each will bear his and her own cost of representation by any attorneys for
the negotiation and preparation of this Agreement and for the fees and costs which may be
incurred in the obtaining of a divorce.
IN WITNESS WHEREOF, the parties hereto, after free and full discussion of the terms
contained herein and with an understanding of the meaning and intent of those terms and
provisions, have this day first mentioned placed their signatures and seals upon this Agreement
and by so signi"theyher ree w ith all the terms and provisions thereof.
Wife f(A),,AAJ1jJ0A1 Wife SPrinted/
Husband Lr -?-- S=2?_ ..., Husband wy_- sLyY
Signature Printed
State of ennsylvania: ,t y
County Q ; City of to-wit:
IZthe undig d Notary Public for the County and State aforementioned, do hereby certify that
(? J _, whose name is signed to this document, appeared before me this
day in erson and acknowledged same in my presence.
GIVEN undZ
d this day of£?sptemlff, 2011.
Notary Publ1,?.C
G
My Commission Expires: M"CZ,,, j L/
State of Pennsylvania:
-MMMONWEA
NOTAMAL SEAL MNSYLVAW
PAMELA A. SWITALSKI, Notary Pubb
Boro of Shlppeneburg, Cumberland
My Commiselon Expires March 24, 2014
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County 62r ; City of ko,(jyn-
-to-wit:
I, the undersi e Notary Public for the County and State aforementioned, do hereby certify that
whose name is signed to this document, appeared before me this
day in pe on and a knowledged same in my presence.
06?')
GIVEN under and this ??' day of?ber, 2011.
W A PENNSYLVANIA
NOTARIAL SEAL
/J ?/ PAMELA A. SWITALSKI nrotary Public
Notary Public o"-v t (h GL?° IL- Om of Shippensburg, Cumi;enand County C. "' *
My Commission Expires March 24, 2014
My Commission Expires:M&Mh -? q,oI() f
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TAMMY FRY IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
V. NO. 2005 - 4510 CIVIL TER M
WESLEY FRY
Defendant IN DIVORCE
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PRAECIPE TO TRANSMIT RECORD a= L. =-z
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To The Prothonotary: r- --+,
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Transmit the record, together with the following information
to the Coul
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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: Defendant signed Acceptance
and Acknowledgment of Service form and stated Date of Acceptance of Service as September
10, 2005.
3. Date of execution of the Affidavit of Consent required by Section 3301(c) of
the Divorce Code: by Plaintiff, October 7, 2011 , by Defendant, October 7, 2011
4. Related claims pending: There are no outstanding claims.
5. Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with
the Prothonotary: October 21, 2011.
6. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed
with the Prothonotary: October 21, 2011.
Abr Pr: y, Esquire
Attorn or tiff
Supr e Co# 209787
674 Stover Court
Hummelstown, PA 17036
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
TAMMY FRY
V.
WESLEY FRY
NO. 2005 - 4510
DIVORCE DECREE
AND NOW, ??.•y ?, z ?" zo i z. _ it is ordered and decreed that
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TAMMY FRY
WESLEY FRY
bonds of matrimony.
plaintiff, and
defendant, are divorced from the
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None ")
None. The Separation and Property Settlement Agreement entered into on
October 7, 2011, by the parties is incorporated into this Order in accordance with
paragraph 17 of said Agreement.
By the Court,
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