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HomeMy WebLinkAbout05-5954 CORY A. GA YE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DIVORCE No. O~-5q5L.f {!.;v,L ~~ CARA R. GA YE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS 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 the Court may enter a decree of divorce or annulment against you. A judgment may also be entered against you for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. When the grounds for divorce include indignities or irretrievable breakdown of marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOOSE THE RIGHT TO ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, P A 17013 (717) 249-3166 CORY A. GA YE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DIVORCE CARA R. GA YE Defendant No. NOTICE OF AVAILABILITY OF COUNSELING You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the Court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. CORY A. GA YE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW DIVORCE C:v~l ~U-l CARA R. GAYE Defendant No. O~ - 5? ~Lf COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW COMES Cory A. Gaye, Plaintiff, by and through his attorney, Valerie J. Faden, Esquire, and respectfully represents: 1. The Plaintiff is Cory A. Gaye, an adult individual currently residing at 6505 Locust Street, Harrisburg, Dauphin County, Pennsylvania 17111. 2. The Defendant is Cara R. Gaye, an adult individual currently residing at 84 Autumn Lane, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period in excess of six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on November 6, 1999 in Windber, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. Plaintiff and Defendant separated on or about November 14, 2004. 7. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c) - the marriage of the parties is irretrievably broken. B. Section 330l(d) - the marriage of the parties is irretrievably broken. The parties separated on or about November 14, 2004. 8. There are no surviving children born of this marriage. 9. This action is not collusive. 10. Plaintiff has been advised of the availability of marriage counseling and that Plaintiff may have the right to request that this Honorable Court require the parties to participate in counseling. II. Plaintiff does not request that the Court require that he and his spouse participate in marriage counseling prior to a divorce decree entered by this Honorable Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a final decree in divorce. Respectfully submitted, Date: 1;- / (p -()~ By ~/:hpa- Valerie J. Faden, ire J.D. # 87442 2807 Market St. Camp Hill, PA 17011 (7 I 7) 920-9460 . VERIFICA nON I, CORY A. GA YE, do verify that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Date: /~/7IfJS- co~ +3- T(~ - -C:l \) - -.J::. B ...J. - \) '0 ;cJ J:: I r-- :e ~- n <-' c~ ~.-,,~ (..i" () -'\1 -I ~~ r,'.:~)..~ ~..,,: : () _;,~ '-",- \ \ 1. co,) -;:~ '{ -, -' -l ,,0 <-----, r ~:< (Jl . CORY A. GA YE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DIVORCE CARA R. GA YE Defendant : No. 05-5954 ATTORNEY'S ACCEPTANCE OF SERVICE I, Jennifer L. Spears, Esquire, counsel for Defendant in the above-captioned action, hereby accept service of the Notice to Defend and Claim Rights, Notice of Availability of Counselin , and Complaint in Divorce in the above-captioned action on the 1fr" day of , 2005 on Defendant's behalf and hereby acknowledge that I am authorized to do so. J . r . pe~uire, Esquire Attorney D.# ) Martson, Deardorff, Williams & Otto 10 E. High Street Carlisle, PA 17013 (717) 243-3341 c'! ~/l :7-! ;,1 C') CJ I~ THE COl.'RT OF COMMON PLEAS OF Ct:MBERLAl\'D COl.'NTY, PE:-INSYL VA.\'IA CORY ALAN GAYE Plaintiff Vs File No. 05-5954 IN DIVORCE CARA RENEE GAYE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the ~ defendant in the above matter, [select one by marking "x"] ~ prior to the entry of a Final Decree in Divorce, or _ after the entry of a Pinal Decree in Divorce dated hereby elects to resume the prior surname of Cara Renee Moore , and gives this written notice avowing 1m I her intention pursuant to the provis' ns of 54 Date: I'?' -I) . 05 {r,tA}~ Vl.LL Signature , Cara Renee Gaye Si~~~o~~inT'1~- / Cara Renee Moore ( COMMONWE~TH OI(PENNSYLVANIA ) COUNTY OF L 't/ r' r -C, c'l.r.}( On the ,<;;'1-. day of l~ vC (r j..v,"- , 200~:before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he I she executed the foregoing for the purpose therein contained. lIn Witness Whereof, I have hereunto set my hand!/~ereunto s~et my ~and and official sea. ! / /.' i If /0-- (riG Prothonotary or Notary Public G NOTARIAL SEAL L1C VICTORIA L. OTTO, NOTARY PU~OUNTV CI~~L~~~M~~~gN ~~~€r~~~ 2 2006 ("~ ~.._~ ("- .'../ <."1 -,) ../':::::, ~ "t>'\- ~ '1 '\-.j (-.., <:> -;.- > '" -.l -. ~ ~ "-'I ~ N i"'<' (}\ ~ ~ c .:, ~ E ~ ---- --- -I - ~( {)S~ SfSt(- ~ MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN CORY A.GAYE AND CARAR GAYE Jennifer L. Spears, Esquire 10 East High Street Carlisle, PA 17013 Telephone: (717) 243-3341 Counsel for: Cara R. Gaye Valerie J. Faden, Esquire 2807 Market Street Camp Hill, PA 17011 Telephone: (717) 920-9460 Counsel for: Cory A. Gaye MARITAL SETTLEMENT AGREEMEN r= 7n~ ~'I (!J'1Y\ THIS AGREEMENT made this fut day of MMeh 2006, by and between CARA R. GA YE, of Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), and CORY A. GA YE, of York County, Pennsylvania (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, the parties are Husband and Wife, having been married on November 6, 1999 in Windber, Pennsylvania; and WHEREAS, differences have arisen between the parties, in consequence of which they have lived separate and apart since November 14, 2004; and WHEREAS, the parties have resolved it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart; and WHEREAS, Husband has initiated divorce proceedings under Section 3301(c) of the Pennsylvania Divorce Code to terminate the marriage in the Court of Common Pleas of Cumberland County, Pennsylvania; and WHEREAS, Wife and Husband desire to settle fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, the parties, intending to be legally bound, agree as follows: 2 1. ADVICE OF COUNSEL: Both parties agree and acknowledge that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Wife has obtained legal advice and representation from Jennifer L. Spears, Esquire. Husband has obtained legal advice and representation from Valerie J. Faden, Esquire. Both parties agree and acknowledge that they fully understand the facts upon which this Agreement is based, that they believe this Agreement to be fair and equitable under the circumstances, that this Agreement is being entered into freely and voluntarily by each of them, and that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal Agreement or Agreements. 2. DISCLOSURE OF ASSETS: The parties warrant that they have given a full, complete and accurate disclosure of all assets, of any nature, whether or not the assets were held jointly or in one name alone. The remedies available to either party for violation of this provision shall be those remedies available pursuant to law and equity including the right to punitive and compensatory damages. 3. PERSONAL RIGHTS: Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to her or him may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. EOUlT ABLE DISTRIBUTION: A. Real Estate 3 (1). Marital Residence: The parties acknowledge that during their marriage they held, as tenants by the entireties, the fee simple interest in the marital residence located at 16 Yankee Drive, Mt. Holly Springs, Pennsylvania. The parties acknowledge that they sold the property and divided the proceeds of the sale equitably. Each party specifically waives, releases, renounces and forever abandons whatever claim she or he may have with respect to the marital residence from the date of the execution of this Agreement. B. Household and Personal Property (I). The parties agree that their household and personal property has been divided to their mutual satisfaction. Each party specifically waives, releases, renounces and forever abandons whatever claim she or he may have with respect to all household and personal property in the possession of the other which shall become the sole and separate property of the other from the date of the execution of this Agreement. Husband shall retain the household and personal property currently in his possession as his separate property and Wife shall retain the household and personal property currently in her possession as her separate property. C. Motor Vehicles (1). The parties agree that Wife shall retain possession of the vehicle titled in her name as her separate property and Husband shall retain the vehicle titled in his name as his separate property. Each party shall assume total responsibility for payment of any loans or insurance premiums associated with his or her respective vehicle. D. Pensions and Retirement Benefits 4 (1). Husband shall retain as his sole and separate property, free from any right, title, claim or interest of Wife, Husband's Sponagule Profit Sharing Program (approximate value $1,673.00). (2). Wife represents that she no longer possesses any claim or interest in her 401 k retirement plan thorough the Orthopedic Institute of Pennsylvania. 5. DISTRIBUTION OF LIABILITIES: A. Loans The parties acknowledge that a joint marital debt exists with CitiFinancial, account number 67380041-0103846. The parties further acknowledge that husband has paid approximately $2,400.00 on this account from the date of separation to December 31, 2005. The balance on this account as of December 2005 is approximately $7,147.68. Husband agrees to assume sole responsibility for this debt and shall refinance this debt in his sole name within thirty (30) days of the date of this Agreement Husband will provide Wife with refinancing documents within thirty (30) days of the date of this agreement evidencing his sole responsibility for this debt. The parties further acknowledge that this account has been closed and that no additional debt shall be posted to this account on behalf of either party. The parties acknowledge that a joint marital debt exists with GMAC, account number 004901035100, the balance of which is approximately $2000 as of February 28, 2006. Husband agrees to assume sole responsibility for this debt. The parties further acknowledge that this account has been closed and that no additional debt shall be posted to this account on behalf of either party. B. Ongoing Liabilities 5 Each party shall assume the debts, encumbrances, taxes, and liens on all the property he or she will hold subsequent to the execution date of this Agreement. Wife shall assume responsibility for payment of all credit card debt on accounts in Wife's sole name and Husband shall assume responsibility for payment of all credit card debt on accounts in Husband's sole name. C. Past/Future Liabilities Each party represents and warrants to the other that she or he has not incurred and will not at anytime in the future incur, any debt, obligation, or other liability on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or incurs it, and that party agrees to pay it, and to indemnify and hold the other party and her or his property harmless from any and all such debts, obligations and liabilities. D. Miscellaneous Property Any and all property not specifically addressed in this Agreement shall be hereafter owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to transfer any and all rights of such property from one party to the other. E. Indemnification of Wife If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and 6 indemnifY her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. F. Indemnification of Husband If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnifY him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. 6. SPOUSAL SUPPORT/TEMPORARY ALIMONY/ALIMONY: Both parties waive any right or claim they may have against the other for alimony, temporary alimony and spousal support effective upon the date of this Agreement. Wife shall promptly reimburse Husband or the Cumberland County Office of Domestic Relations for any overpayments in Spousal Support received after the date of this Agreement. Wife further agrees to terminate the current Spousal Support Order at PACSES No.649106975 effective upon the date of this Agreement and to waive any rights to reimbursement for medical expenses. 7. TAXES: A. Prior Tax Years The parties warrant that they have paid all taxes on prior returns through the calendar year ending December 31, 2004; that they do not owe any interest or penalties thereon; and that no tax deficiency proceeding or audit is pending or notice thereof received. Husband shall give Wife notice of any deficiency assessment and Wife shall give Husband notice of any 7 deficiency assessment of which they individually or collectively become aware. The parties agree that should it ultimately be determined that any deficiency and/or penalty exists with respect to any jointly filed returns, the party responsible for the erroneous preparation and/or non-disclosure of information which has resulted in the deficiency and/or penalty, shall be solely responsible for the payment of the amount ultimately determined to be due, together with interest, as well as expenses that may be incurred to contest the assessment. If deficiencies or penalties become due as a result of individually filed returns, the party who filed the return shall be solely responsible for all sums due, and shall indemnify and hold harmless the other party for any payment thereon. B. Current Tax Year The parties agree to cooperate in filing separate tax returns for the 2005 tax year. 8. MUTUAL COOPERATION: Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement and both parties agree to execute his or her consent contemporaneously with the execution of this Agreement. If either party unreasonably fails on demand to comply with this provision, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 9. WAIVER OF INHERITANCE RIGHTS: Unless otherwise specifically provided in this Agreement, effective upon the execution date, Wife and Husband waive all rights of inheritance in the estate of the other, any right to elect to take against the Will or any trust of the other or in which the other has an interest. Each party waives any additional rights which that party has or may have by reason of their marriage, except the rights saved or created by the 8 terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party specifically waives all beneficiary rights in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, and each party expressly states that it is her and his intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. However, in the event that either party specifically designates the other party as a beneficiary after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifYing as such beneficiary. 11. RELEASE OF CLAIMS: Wife and Husband agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to the Pennsylvania Divorce Code, and Wife and Husband waive any right to division of their property except as provided for in this Agreement. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and her or his heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, courtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. Except for the obligations of the parties contained in this Agreement and such rights are 9 expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 12. WAIVER OF PROCEDURAL RIGHTS: This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting the marital estate. Both parties hereby waive the following procedural rights: . The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code . The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code . 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 . The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, or any possible claims not addressed in this Agreement 13. PRESERVATION OF RECORDS: Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 14. SEVERABILITY: If any prOViSIOn of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions shall nevertheless survive and continue in full force and effect without being impaired or invalidated m any way. 10 15. MODIFICATION I BREACH: No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties. If either party breaches any provision of this Agreement, the other party shall have the right, to sue for damages for such breach, or seek such other remedies or relief as may be available to her or him. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 16. WAIVER OF BREACH: The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach of any provision of this Agreement. 17. APPLICABLE LAW: All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 18. DATE OF EXECUTION: The" !\\~execution" or "execution date" of this f'(7f",/ 2J;:J, (~~ ' Agreement shall be defined as M"....l, J I, 2006. This Agreement shall become effective and binding upon both parties on the execution date. 19. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE; This Agreement shall remain in full force and effect and shall not be abrogated even ifthe parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms unless made in writing by the parties. 20. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 11 ---I 21. AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 22. ENTIRE AGREEMENT: Each party acknowledges that she or he has carefully read this Agreement and that she or he has discussed its provisions with an attorney of her or his on choice and has executed it voluntarily. This instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 23. AGREEMENT TO BE INCORPORATED BUT NOT MERGED: This Agreement shall be incorporated in a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Pennsylvania Divorce Code, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. ;:I,~ CORY A. GA YE, Husband &~ --rn o-u7-Z- ~Yll~ f-;lt'LvYl CARA R. GA YE, Wife - rMft;- 12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF [v'1'11t?er (Ct.J1d ss. BEFORE ME, the undersigned authority, on this day personally appeared CARA R. nCi\Li lni'\iA1 GVl GO:VIA g IV\wve GA YEA known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. 20'-1"1 .' t. ,(1 . I cb'i iI' rr(JVi GIVEN UNDER MY HAND AND SEAL OF OFFICE this 31 st Jay of Mltldt, 2006. """MONWEA!.T" OF PENNSYLVANIA Notarial Seal Kelley B. Decker. Notary Public Mt. Holly Spr1ng8 Bore. Cumbe<1and ~nty on ..,;... Nev. 23 Member, PeMaylvenla Aesoclation of Notaries \~~0. \ LL~:c~ ~D-t ~ Notary Pu lie COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF ~\:h v. ~i \.;, ; Ir1 BEFORE ME, the undersigned authority, on this day personally appeared CORY A. GA YE, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 31 st day of March, 2006. ( . \ ~ .vl.)' \ l', ~ ~~I\v\.J~"::j ~J.!\iv ~ Notary Public COMMONWEALfH OF PENNSYLVANIA Notarial Seal Denlsa L. GIUln, Notary Public Swatara Twp., Dauphm County My Commlsalon Expires Feb. 3, 2008 Member, Pennsyl'lenla Assoctation of Notaries 13 () ~ lc: y' l,,/ -::-1 -< ,'" = '-=' a~ o ...., -! :r.:-n rill"::;;; .......I!:! L"l, -'.1 '.i~ (;'() 1,r. +-:,-n ",.,,~ .'-- (,,",.t"J >,'''rn ,@ ~~'n :< ....,.- :;:;'3 -< I co :P; <;? U1 o CORY A. GA YE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DIVORCE CARA R. GA YE Defendant No. 05-5954 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on NOl/ernbef2.- /7. ,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 ofa final decree of 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. DATE: b[2y lOG co~ o ~: -.o:'lb- SPU' iS~,i- r-;'C: ....::- if'b ~ -', r-> = = c.~ :z: :.>- -" I cc o -n :r;:n rt,.-:; -om ~I)9 ...~(-) ..::.:.:..! "{'; r5~0 ~;,o <,~ j11 S -.". :i> '-< ~ -~ CJ? .r:- I.D CORY A. GAVE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DIVORCE CARA R. GA YE Defendant No. 05-5954 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) ofthe Divorce Code was filed on ~rnlrtwbfi( /7 ,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 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. DATE: 1../ -dO -O(.L' ~ fV)(I'tf/L -J!!jtnJJJiy JUUJuVVI- CARA R. GA YE, D endant /I k'i WJ {,{!,~ )Jv"G () ~ ...,;, -Olf 9?~ ~~; -.7\ OJ,~ - r:: l: :> r--> = c:.,;;;:) "'"' - - p .....:; I CD '- ~ -'" ~ :r!.." rl1~. r;:, 1)9 ~::> c~ "~~~,'; "-"~(-S f.:fT1 ~ <D '< '? ~ c CORY A. GA YE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DIVORCE CARA R. GA YE Defendant No. 05-5954 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DNORCE DECREE UNDER SECTION 3301(c) OF THE DNORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lojlse rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. ~4904 relating to unsworn falsification to authorities. DATE: 3/3,)/0 fa CORY~ 0 ,...., Q. """ ~ g:: -0 , ::J: ~:n 'fT, C' ::s;"" -:~ -" -otU -/ ;~ I .~ , ~uO Cf) I::)(L, S~, ~..... :~:.t~ ~~ ::;: ~~~ -p c;. "? :c... ~.:i (..1'\ 55 ..<~ c::> '-<: - ..------- ....------'" CORY A. GAYE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DIVORCE CARA R. GA YE Defendant No. 05-5954 WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(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 lo.se rights concerning alimony, division of property, lawyers 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. 94904 relating to unsworn falsification to authorities. DATE: 'I-do' (J 0 ~c 7'1 t~ ~fnh//}~ Known CARA R. GA YE, De ndant 11 _ . _ 11 1M ~ /'lCf' (') ~ -":J\:"'; !~J~ "''::;;1 t._ . en ~;.r: :;;~: , ~~. \"' ::""S:. :::~ ....., = = d"' Z ~ -< I co o -n ~-n n1p:: -ern -nC? ;;:19,_' -:_ -T~ 'Jfr~ ~ ~ :P ~, "':;.Or OJ U1 o CORY A. GA YE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DIVORCE CARA R. GA YE Defendant No. 05-5954 PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: I. Grounds for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: Complaint Filed on November 17, 2005; Attorney's Acceptance of Service signed by Defendant's counsel on November 28,2005 and filed on November 30,2005. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: March 31, 2006; by Defendant: April 20, 2006. 4. Related claims pending: NONE. The terms of the Marital Settlement Agreement executed by the parties are incorporated but not merged into the Decree in Divorce. 5. Date Plaintiffs and Defendant's Waivers of Notice were filed with the Prothonotary: May 8, 2006. DATE: May 8, 2006 P{~~~uire J.D. # 87442 2807 Market St. Camp Hill, PA 17011 (7 I 7) 920,9460 Attorney for Plaintiff -- -oi:,i~ l.Ji\A '7:r.' (F: ~~\. .';:';r'- :::-"'::'(,. "1'C'f'- ~ :;0:3" ~, Q <;, ~ fJ.- - 7 --'" I co ;t.-~ ~. ~ 1-, :!1 ..,.,6 ~o""'.i' 'C),l-'l ::-i.~.\ ()~ '''::'''rfl ',~..o) "'"' ~ C? (j'\ co ~ [Ii [Ii ;ti;ti [Ii if ;ti;ti ;ti;ti if,+; ;ti ;ti ;ti IN THE COURT OF COMMON PLEAS ;ti ;ti ;ti ;ti ;ti ;ti ;ti ;ti OFCUMBERLANDCOUNTY PENNA. STATE OF Cory A. Gaye 05-5954 No. Civil Term Plaintiff VERSUS ;ti Cara R. Gaye ;ti if ;ti Defendant if DECREE IN DIVORCE AND NOW, ~~ ~, IT IS ORDERED AND DECREED THAT Cory A. Gaye , PLAI NTI FF, AND Cara R. Gaye , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. if [Ii 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; OOV\J2... if if. if. if. if if. if. if if if if if The Marital Settlement Agreement executed by ;1=: incorporated but not merged into thi~ / if. ;!; if. ;!; ;!; ;!; if. ;!; ;!; ;!; ;!; ;!; ;!; ;!; J. if. if. if. if. if. ;!; PROTHONOTARY ;!; ;ti ;!; if. if. if if. if. if. if. if. if. if. if. if. if. if. if if. if. if. if. if.'" if. if. if. if if if. if if if if. if ~~+~!!~~ ~~~~~-rP . ," . .... '1'. )0 t~' ..." ..' ... ". .Y .... . .1}c1. ()/ ~ P "(7 # (l,"5"