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HomeMy WebLinkAbout06-1993 ABRAHAM LAW OFFICES 2157 Market Street, Camp Hill, PA 17011 (717) 763-1700 ROSEMARIE EVANS-McNAIR Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 0 ~ - I q q 3 {: v I fu.... STEVEN C. McNAIR Defendant : CIVIL ACTION - LAW : 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 in 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of Court Administrator, 4th Floor, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED. YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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: Court Administrator 4th Floor, Cumberland County Courthouse Carlisle. P A 17013 (717) 240-6200 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Oi - I q q.3 (Ivil 'fa",- :NO. lP ROSEMARIE EVANS-McNAIR Plaintiff STEVEN C, McNAIR Defendant : CIVIL ACTION - LAW : DIVORCE COMPLAINT AND NOW, comes Plaintiff, Rosemarie Evans-McNair, by and through her attorney, James W, Abraham, Esquire, Abraham Law Offices, Camp Hill, Pennsylvania, 17011, and files the following: COUNT I - NO-F AUL T DIVORCE (Pursuant to Section 330I(c)) I. Plaintiff, Rosemarie Evans-McNair, is an adult individual who currently resides at 906 Thornton Drive, Mechanicsburg, Cumberland County, Pennsylvania, 2, Defendant, Steven C. McNair, is an adult individual who currently resides at 906 Thornton Drive, Mechanicsburg, Cumberland County, Pennsylvania, 3, Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4, Plaintiff and Defendant were married on June 21, 1989 in Mechanicsburg, Pennsylvania. 5, There have been no prior actions of divorce or for annulment between the parties which are active. 6. The marriage is irretrievably broken, 7, Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the Court require the parties to participate in counseling, 8, Plaintiff and Defendant are not members of the Armed Forces of the United States. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce dissolving the marriage. COUNT II - INDIGNITIES 9, Paragraphs I through 8 are incorporated herein by reference. 10, Defendant has caused such indignities against Plaintiff which has made life burdensome and intolerable for Plaintiff, the innocent and irUured spouse. WHEREFORE, Plaintiff respectfully requests Your Honorable Court to enter a decree in divorce dissolving the marriage, COUNT III - EOUlT ABLE DISTRIBlTION II. Paragraphs I through 10 are incorporated herein by reference. 12, Plaintiff and Defendant have accumulated real and personal property and other assets during the course of the marriage, which are marital property and marital assets; as well as debts during the marriage which are marital debts. ]3, Plaintiff is entitled to the fair and equitable distribution ofPlaintitT's equitable share of said property and assets in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff respectfully requests your Honorable Court to equitably distribute the marital property and debts hereto, COUNT IV - ALIMONY, ALIMONY PENDENTE LITE. COUNSEL FEES & COSTS 14, Paragraphs I through 13 are incorporated herein by reference. 15. Plaintiff's income and/or earning capacity through appropriate employment is substantially and significantly less than Defendant's income and/or earning capacity and has been substantially and significantly less throughout the marriage, 16. Plaintiff has insufficient funds to support herself in accordance with the standard ofliving and station oflife which the parties established during the marriage through appropriate employment; and Defendant's substantially higher income enables Defendant to contribute to the support and maintenance of Plaintiff and to pay alimony in accordance with the Divorce Code of Pennsylvania. 17, Plaintiff is without sufficient funds to support herself and is unable to appropriately maintain herself during the course of this litigation and the pendency of this action; and Defendant's substantially higher income enables Defendant to pay alimony pendente lite to Plaintiff in accordance with the Divorce Code of Pennsylvania. 18. Plaintiff is without sufficient funds to retain and/or continue to retain counsel to represent her in this matter; and without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and adequately litigate her rights in this matter; and Defendant's substantially higher income enables Defendant to pay Plaintiff's attorney fees and costs of the litigation hereto, WHEREFORE, Plaintiff respectfully requests Your Honorable Court to award Plaintiff alimony, alimony pendente lite, attorney fees and costs. Respectfully submitted: ~~ James W, Abraham, Esq. Abraham Law Offices 2157 Market St. Camp Hill, PA 17011 (717) 763-1700 Attorney for Plaintiff. Rosemarie Evans-McNair DATE: 4/7/06 VERIFICATION I, r'lnfEJAMI..it::: bAiA ~.- ilicj(f41/L , the undersigned, hereby verify and confirm that the foregoing document and the statements made therein are true and correct to the best of my knowledge, information and belief, I further understand that any false statements made herein are subject to the penalties ofl8 Pa,C,S,A. Section 4904 relating to unsworn falsification to authorities, DATE: 'I~ C - D '" (J . ~~~~~Z,~~ CERTIFICATE OF SERVICE I, James W, Abraham, Esquire, the undersigned, hereby certifY that I have served a true and correct copy of the foregoing document, by certified mail, upon the following person at the following address on the date stated herein: Steven C, McNair 906 Thornton Drive Mechanicsburg, P A 17055 DATE: 4/7/06 James W, Abraham, Esquire '\ ".j 1 ,~ -;"') " ~.. .. [-.- J : \-'.} -,:;:.... r-- u. (J ''1 ''''- ~ " -{, '--- tv \", , ~ '0 r.-f., .~ r0 Q \.0 <:)-. ..s <:> r- -.s "'" . ~ ...,I.> -It. ~ <) i ""- ROSEMARIE EV ANS-McNAIR Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .-~ r-,,) ,::~~ (0_) .Tt v. : NO. 06 - 1993 STEVEN C. McNAIR Defendant : CIVIL ACTION LAW : IN DIVORCE , 1"-: '-.-' " ! c;-~ ~TALSETTLEMENTAGREEMENT (J-~ THIS AGREEMENT, made this .2 V-It.. day of Jt( ~ va fh ,2007, by and between ROSEMARIE EVANS-McNAIR ("Wife"), of Mechanicsbur PennsylvanIa, and STEVEN C. McNAIR ("Husband"), of Mechanics burg, Pennsylvania. WITNESSETH WHEREAS, the parties hereto are Husband and Wife, married on June 21, 1989 in Mechanicsburg, Pennsylvania. The parties are the parents of Evan Steven McNair, a minor. WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and fmally their respective fmandal and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, and the settling of any and all claims and possible claims by one against the other or against their respective estates, as well as any other matters related hereto. NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 330l(c) of the Divorce Code of 1980, as amended February 12, 1988. 2. EFFECT OF DNORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that in the event of absolute divorce between them, they shall nonetheless continue to be bound by all the terms of this Agreement. 3. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement, unless otherwise specified herein. 5. CONSENT OF PARTIES/ADVICE OF COUNSEL: Husband and Wife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement. Husband and Wife acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. Husband and Wife acknowledge that they have each had the opportunity to have this Agreement reviewed by an attorney and/or have done so, prior to signing. 6. FINANCIAL DISCLOSURE: The parties acknowledge, confirm and verify that each has relied on the substantial accuracy of the fmancial disclosure of the other, except as set forth herein as an inducement to the execution of this Agreement. In the event Husband or Wife has failed to disclose any information regarding any marital asset and/or marital debt, the parties' reserve the right to equitable distribution of said marital asset(s) and/or debt(s), even after the entry of a decree in divorce; and further reserve any other rights which may arise from said non-disclosure, even after the entry of a decree in divorce. 7. PERSONAL PROPERTY: Husband and Wife agree that Husband shall have and keep as his sole and separate property, the power tools and other tools from the garage at the marital residence, the Harley Davidson Motorcycle, the Race Car Trailer and 2003 F-250 Ford Truck; and any other property Husband has received by agreement of the parties from the marital residence. Immediately prior to the execution of this Agreement, Husband shall inspect the trailer to be certain the locks have not 2 been damaged. Thereafter, he shall be entitled to pick up the trailer and the tools therein within 48 hours of the execution of the Agreement and the signing of the deed as stated in Paragraph 8 herein. Wife shall keep as her sole and separate property, all other property and furnishings at the marital residence, including but not limited to, all of Wife's business equipment, inventory and business assets, as well as the 2006 Honda Pilot. Except as otherwise stated herein, the parties agree that any and all other personal property has been divided to the parties' mutual satisfaction and neither party shall make a claim against the property in the other's possession. 8. REAL PROPERTY: Husband and Wife hereby agree that the former marital residence, located at 906 Thornton Drive, Mechanicsburg, Pennsylvania, is marital property. Husband and Wife agree that said residence shall become the sole and separate property of Wife upon Wife's refinancing of the existing mortgage and/or liens against the property and the removal of Husband's name from said mortgage and/or liens. Said refinancing shall take place within three (3) months from the date of this Agreement. Husband agrees to sign a deed, prepared by Wife's counsel, upon the signing of this Agreement or presentation of such, transferring sole title to Wife. The deed shall be held by Husband's attorney and shall not be recorded unless and until Wife refmances said mortgage and/or liens as stated herein. Husband shall be provided proof of the refmance. In the event Wife fails to refmance the property within the aforesaid three (3) month time period, the property must be immediately listed for sale and sold for its fair market value or more. Wife shall be entitled to receive any and all sales proceeds in the event the property is sold. Wife shall be solely responsible for any costs and tax consequences associated with the sale. Pending the refinancing or sale of the aforesaid property, Wife shall be fully responsible for payment of the mortgage, taxes and insurance on the property and shall hold Husband harmless and indemnify Husband in the event of any default by Wife. 9. PENSION AND RETIREMENT BENEFITS/FINANCIAL ACCOUNTS: Husband and Wife agree that Husband shall have as his sole and separate property Husband's 40l(k) account and defined benefit pension through his employer and Husband's IRA. Wife shall keep as her sole and separate property, Wife's JC Penney 401(k). Husband and Wife shall forever waive any and all past, present or future, legal or equitable interest in the other's pension and/or retirement benefits or any other financial accounts, which either party has through their respective employer or otherwise; and neither party shall make any claim against the other's pension or retirement benefits at any time 3 10. WIFE'S BUSINESS: Husband hereby agrees to waive any and all past, present or future, legal, marital or equitable interest in Wife's business, known as Rosebud Styling Salon and Husband shall not make any claim against said business. Wife shall be solely responsible for any costs and liabilities associated with the business, known or unknown, and including any tax liabilities. Wife shall indemnify and hold Husband harmless from any such liabilities. 11. LIFE INSURANCE, MEDICAL INSURANCE, 2006 TAX RETURN Husband and Wife agree that they each shall maintain and/or secure a life insurance policy in the amount of at least Fifty Thousand ($50,000.00) Dollars, which policies shall name the parties' son, Evan Steven McNair, as the sole beneficiary or name a trust for Evan's benefit as the sole beneficiary . Said life insurance policies shall remain in full force and effect until their son reaches the age of twenty-two (22). Annually, the parties shall provide to each other proof of the beneficiary designation beginning February 1,2007 and each February I thereafter. Husband and Wife agree that their fmal divorce shall be entered in January, 2007, at which time Wife shall secure her own medical insurance and shall have the option to be insured through COBRA through Husband's medical provider through Husband's employer. Husband shall have no financial liability for such coverage. Husband and Wife further agree that they shall file a joint federal, state and local income tax return in 2006 and equally divide the refund or tax liability. 12. AFTER ACQUIRED PROPERTY: Each of the parties shall own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, and/or real property, acquired by him or her, after the date of fmal separation, on or about April 7, 2006, with full power in him or her to dispose of the same as fully and effectively, in all respect and for all purposes, as though he or she were unmarried. 13. WIFE'S DEBTS: Wife represents and warrants to Husband that since the date of final separation, on or about April 7, 2006, she has not contracted or incurred any debt or liability for which Husband or his estate might be responsible and Wife further represents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Agreement for which Husband or his estate might be responsible. Wife shall indemnify and save harmless Husband from any and all claims or demands made against Husband by reason of debts or obligations incurred by Wife. 14. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the date of fmal separation, on or about April 7, 2006, he has not contracted or incurred any debt or liability for which Wife or her estate 4 might be responsible and Husband further represents and warrants to Wife that he will not contract or incur any debt or liability after the execution of this Agreement for which Wife or her estate might be responsible. Husband shall indemnify and save harmless Wife from any and all claims or demands against Wife by reason of debts or obligations incurred by Husband. 15. WAIVER OF RIGHTS: The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act ofl980, as Amended February 12, 1988, particularly the provisions for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorney fees and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law the parties hereby waive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorney fees and expenses. 16. PERSONAL RIGHTS: Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife 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 cohabitate or dwell by any means or in any manner whatsoever with him or her. 17. MUTUAL RELEASE: Except as otherwise stated hereto, Husband and Wife each hereby mutually remise, release, quitclaim and forever discharge the other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of each other, of whatever nature and wheresoever situate, which he or she now has or may have at any time in the future. Husband and Wife each hereby further mutually remise, release, quitclaim, waive and forever discharge the other and the estate of each other, for all time to come and for all purposes whatsoever, of and from any and all rights which either party may have, or at any time hereafter have, for past, present or future spousal support or maintenance, alimony, alimony pendente lite, equitable distribution of marital property, attorney fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 5 It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 18.W AIVER OR MODIFICATION TO BE IN WRITING: A modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties and executed with the same formality as this Agreement. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 19. MUTUAL COOPERATION: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all future instruments and/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of this Agreement. 20. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 21. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective legatees, devises, heirs, executors, administrators, successors and assigns in the interest of the parties. 22. OTHER DOCUMENTATION: Wife and Husband covenant and agree that they will forthwith and within thirty (30) days after demand or due date, execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree, should be so executed in order to carry out fully and effectively the terms of this Agreement. 6 23. NO WAIVER OF DEF AUL T: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 24. BREACH: If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for payment of attorney fees and all costs incurred by the other in enforcing his or her rights under this Agreement. 25. SEVERABILITY: If any term, condition, clause or provisions of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the provisions herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 26. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 27. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs/provisions and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 28. DIVORCE: The parties hereto agree that their marriage is irretrievably broken, and subsequent to the filing of a Complaint in Divorce, both parties agree to enter into a mutual consent divorce under Section 330l(c) of the Pennsylvania Divorce Code ofl980, as amended February 12,1988. The parties further agree to sign the necessary documents, including the Affidavit of Consent 7 and Waiver, concurrently with the execution of this Agreement. Wife shall finalize the divorce in January, 2007 and provide Husband with a certified copy of the divorce decree. This Agreement shall be incorporated, but shall not merge, into the final decree in divorce. WITNESS WHEREOF, the parties hereto, have set their hands and seals the day and year first above written. Witness: )e( - ..,/ 1c-c r -U-1o..J. / ! \fbauLl/tJ- ~~w~k~~ ROSEMARIE EVANS-McNAIR ~ 6taCb STEVEN C. McNAIR c:;'-' 8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF G \Nt _.~ ~,,-I () t'l C{ SS: On this II fuay of -J C( ~1 (j a , , 2007, before me, the subscriber, a Notary Public, in and for the said C mmonwealth and County, came the above-named person, Rosemarie Evans-McNair ,satisfac ly proven to me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes stated herein contained and that such instrument may be filed and/or recorded. WITNESS my hand ,) COMMO~riJ OF PENNSYLVANIA Jame w Notarial Seal Camp ~jJl ~ragamum'beNrlotary PUblic My COm Is' and County m slon Expires Apr, 3D, 2009 Member. Pennsylvania AsSOCiation ot Notaries NOTARY PUBLIC MY COMMISSION EXPIRES: COMMONWEALTH OF PENNSYLVANIA COUNTY OF l)~~ : On this d~ay of 0 ~ ,2007, before me, the subscriber, Notary Public, in and for the said Commonwealth and County, came the above~named person, Steven C. McNair, satisfactorily proven to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purpose herein contained and that such instrument may be filed and/or recorded. SS: WITNESS my hand and Notarial Seal. ~t,~ NOTARY PUBLIC ' MY COMMISSION EXPIRES: NWEALTH OF PENNSYLVANIA coMMO I Notarial Sealta public Michelle ~ A~~U~~~ph~ CoU~ Ci%g~~ssfon ;r~;.;ires Oct 2, 2 9 My -~-'-_. .. ROSEMARIE EVANS-McNAIR Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06 - 1993 CIVIL TERM STEVEN C. McNAIR Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 7, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of service and filing 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 the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to the unsworn falsification to authorities. (-:J ! ., I DATE: -l -I t -0 l '~~~\~\~lf~P-aJ91~ ROSEMARIE EVANS-McNAIR WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SETION 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 lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary . I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.s.A. Section 4904, relating to the unsworn falsification to authorities. ~/:v~~ fA DATE: I - \ \ - 6 t o C. ~ i\ ::3 ~ -T1 r'~ C':J \ Vi -0.\ \ ~.~ ~1 -,,,,,. - :-" - '~.n ~~ :.(. ------ .. ROSEMARIE EVANS-MCNAIR, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 06-1993 STEVEN C. MCNAIR, CIVIL ACTION - LAW IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 7, 2006. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of 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. , verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~~~ Steven C. McNair Date: January ~4 ,2007 f~ ~ --' ~ ('n OJ \ c.J\ "\ " ~ r") -a ~....' ----- - ~ _.~ .r::"' tf\ ROSEMARIE EVANS-MCNAIR, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 06-1993 STEVEN C. MCNAIR, CIVIL ACTION - LAW IN DIVORCE 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 the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this 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. ~C!~ Steven C. McNair Date: January J<~ , 2007 ~ c~^ '.:'.: ~~ (;~ ~ ~ \ c.. \.--::-.;. :;:\ :::...L ; .. ... ... ABRAHAM LAW OFFICES 45 East Main Street, Hummelstown, P A 17036 (717) 566-9380 ROSEMARIE EVANS-McNAIR Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA v. : NO. 06 - 1993 CIVIL TERM STEVEN C. McNAIR Defendant : CIVIL ACTION - LA W : DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the Record. together with the following information, to the Court for the entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section (x) 3301(c) ( ) 330l(d)(1) ofthe Divorce Code. 2. Date and manner of service of the Complaint: April 12. 2006; see attached Affidavit of Service. 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 on 1/11/07; and by Defendant on 1/24/07. (b)(l) Date of execution of the affidavit required by Section 330l(d) of the Divorce Code: (2) Date of filing and service of plaintiff's affidavit upon the Defendant 4. Related claims pending: None pursuant to 1/24/07 Marital Settlement Agreement. 5. Complete either paragraph (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 Plaintiff's Waiver of Notice was filed with the Prothonotary: 2/5/07 (c) Date Defendant's Waiver of Notice was filed with the Prothonotary: 2/5/07 Respectfully submitted: DATE: 2/5/07 James W. Abraham, Esquire Abraham Law Offices 45 East Main Street Hummelstown, P A 17036 (717) 566-9380 Attorney for Plaintiff. Rosemarie Evans-McNair r~,j ;:-J (~,r~ 0\ .. ROSEMARIE EVANS-McNAIR Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA v. : NO. 06 - 1993 CIVIL TERM STEVEN C. McNAIR Defendant : CIVIL ACTION - LAW : DIVORCE AFFIDAVIT OF SERVICE I, James W. Abraham, Esquire, the undersigned, as attorney for Plaintiff, Rosemarie Evans-McNair, in the above-captioned action, hereby affirm that the Complaint in Divorce filed herein, was served upon Defendant, Steven C. McNair, by certified mail on April 12,2006, as verified by the green return receipt card from the US Post Office. which is attached below: ~ . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mallpiece, or on the front If space pennits. D Agent D Addressee C. Date of Delivery 1.S~~0: C, tUc t154./vL c:r 0 (, fftOrtJA ~ )) f-f VI.,; U{EcHAL/(lCS ~M-6-1 r A-___ I,DS, ~ DYes DNo 3. ~~Type ,- ~ CertIfIed , q'lx:i? Mall o Reglste L O.fR .... n Receipt for Merchandise Dlnsured Mall ~c .0. 4, Restricted Delivery? (Extra Fee) D Yes 7004 0750 0002 7289 6274 PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 DATE: 2/5/07 // / -=~~ James W. Abraham, Esquire ", (") c':" r'-,,;) C::J <.~ _,-I --'1 ;~j I U1 ::::;. ~ .:;- VI ;+: ;+: ;+: ;+: ;+; ;+: ;+: ;+; ;+; ;+; ;+; ;+: ;+: ;+; ,., ;+; ,., ;+; ;+; ,., ;+; ;+: ,., ;+; ,., ;+: ;+:;+: ;+: ;+: ;+: ;+;;+:;+:;+; ;+:,.,!Ii;+: IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Rosemarie Evans-McNair No. 96- 1993 VERSUS steven C. McNair DECREE IN DIVORCE AND NOW, ?-~ ca; 1" , 2007 , IT IS ORDERED AND DECREED THAT Rosemarie Evans-McNair , PLAI NT( FF, Steven C. McNair , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRiMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement, dated January 24,2007, attached hereto, is incorporated, but shall not merge, into the Decree in Divorce. PROTHONOTARY ~ ~~:f.:f. ~ ;+; !Ii ;+: ,.,;+:;+: ;t;;+:!Ii;+:!Ii !Ii;+: !Ii;+: ;+: 'f.!liili'" iIi ;+; iIi iIi iIi iIi ;+; ;+; ;., ;+; ;+; iIi ;+: ;+; ;+; !Ii ;+; !Ii !Ii !Ii ;+; ;+; !Ii ;+; !Ii !Ii !Ii !Ii !Ii !Ii !Ii !Ii J. ~-b ~ ~~~~ (J/' ct-CJ ~ fio'. % ~ ~,7.,Y'?J L(/-?:t. e '" ., . ~ .. "1'. .' '_~ .,.; ~':' ! . ..:, " . .