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HomeMy WebLinkAbout06-4039r BARBARA A. GRELL, Plaintiff v. TED L. GRELL, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION -LAW :IN DIVORCE :NO. O~ - ya39 `lv~C`-rte NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You aze 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 for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 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 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 Baz Association 32 S. Bedford Street Cazlisle, PA 17013 (717) 249-3166 (800)990-9108 r BARBARA A. GRELL, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW :IN DIVORCE TED L. GRELL, Defendant :NO. ~ - ~U,3q ~ v~ ~, l ~''~l COMPLAINT AND NOW comes the Plaintiff, Bazbaza A. Grell, who, by and through her attorneys, Elizabeth S. Beckley, Esquire, Thomas A. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Complaint, in which she avers that: 1. Plaintiff, Bazbara A. Grell, is an adult individual residing at 9 Sycamore Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, Ted L. Grell, is an adult individual residing at 370 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Both parties were bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of the original Complaint. 4. Plaintiff and Defendant were married on October 19, 1991, in Carlisle, Pennsylvania. 5. There have been no prior actions in divorce or for annulment between the parties in this or any other jurisdiction. r 6. The mamage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE 8. The averments contained in Pazagraphs 1 through 7 of this Complaint are incorporated herein by reference as though set forth in full. 9. Plaintiff s marriage to Defendant is iretrievably broken. 10. Plaintiff has been advised that counseling is available and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, pursuant to 23 Pa.C.S.A. §§3301(c) or (d), Plaintiff, Bazbaza A. Drell, respectfully requests the Court to enter a Decree of Divorce. COUNT II EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 11. The averments contained in Pazagraphs 1 through 10 of this Complaint aze incorporated herein by reference as though set forth in full. 2 12. Plaintiff and Defendant have acquired property, both real and personal, during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 13. Plaintiff and Defendant each owned, prior to the marriage, both real and personal property which has increased in value during the marriage, and/or which has been exchanged for other property which has increased in value during the marriage, all of which property is marital property, subject to equitable distribution under the Divorce Code. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff, Bazbaza A. Grell, respectfully requests the Court to divide all marital property equitably between the parties. DATED: ~ - ~,~ Respectfully submitted, of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 3 VERIFICATION I, Bazbaza A. Grell, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein aze made subject to the penalties 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. DATED: ~' I ' J_~ ~~ Bazbara A. Grell R ~ o 0 ~ ~' ~- c r,.~ `fi' ~ .v 9. 0 c <-, '; 'ti BARBARA A. GRELL, Plaintiff' vs. TED L. GRELL, Defendant IN THE COURT OF CUMBERLAND CC CIVIL ACTION -LAW IN DIVORCE N0.06 - 4039 Civil ACCEPTANCE OF SERVICE I, Ted L. Grell, hereby accept service of the Divorce captioned action. DATED: ~ ~1 ` 06 dON PLEAS OF ,PENNSYLVANIA ~y~gyri-eL~~ filed in the above- L. ~~ ~ ~ Za+ c7 ~ m _~ c~ ~ ~_ ~ _ ~ ~ ~ ; =n: t-' ~ m r --~ PROPERTY SETTLEMENT AGREEMENT This is a Property Settlement Agreement entered into this IS~~day of August, 2006, by and between TED L. GRELL, of Cumberland County, Pennsylvania (hereinafter referred to as "Husband"), and BARBARA A. GRELL, of Cumberland County, Pennsylvania (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 19, 1991, and; WHEREAS, unhappy differences have arisen between Husband and Wife in consequence of which they are now living sepazate and apart from each other; and WHEREAS, Husband and Wife are now in the process of obtaining a divorce, and, consequently, they desire to settle and determine finally and for all time both their respective financial and property rights, including any and all claims which either of them may have against the other. NOW THEREFORE, in consideration of this Property Settlement Agreement, and of the mutual promises, covenants and undertakings set forth herein, and incorporating the above "WHEREAS" clauses herein by reference, the parties hereto, each intending to be legally bound, hereby agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 1 , , 2. INTERFERENCE: Each garty shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt or endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the other's peaceful existence, separate and apart from the other. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the separation date of July 17, 2006, she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible, and that she shall indemnify and save harmless Husband from any and all claims or demands incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the separation date of July 17, 2006, he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and that he shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING JOINT DEBTS: All debts, obligations or liabilities incurred at any time in the past, up to and until the separation date of July 17, 2006, by either of the parties will be paid promptly by the party that incurred such debt, obligation or liability, unless except as otherwise specifically set forth in this Agreement. Each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and saved harmless from all debts or liabilities incurred by him or her, as the case may be, 2 and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such actions, claims and demands. Neither party shall, after the separation date of July 17, 2006, contract or incur any debt or liability for which the other or his or her property might be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against her or him by reason of debts or obligations incurred by her or him, and from all costs, legal costs and counsel fees incurred in connection therewith unless provided to the contrary herein. 6. FINANCIAL DISCLOSURE: After consultation with their respective counsel regazding the options for use of legal services in divorce, the parties elected to negotiate the terms of their property and debt distribution without the use of the Court. The parties waived formal discovery, but have provided each other with copies of the necessary account statements to allow them to make informed decisions. The parties acknowledge that they each had full and fair disclosure of all assets, incomes, debts and other information needed for a principled and complete settlement. Each party acknowledges that he or she was familiar with the assets and debts of the marriage through, inter alia, Internet access to account statements and joint tax returns. Each party had the opportunity to request information and received copies of any document requested, including but not limited to statements regarding investment, retirement, checking and savings accounts, deeds and real estate agreements of sale. Accordingly, the parties represent and warrant that each have made full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Neither party wishes to make or append hereto any further enumeration or statement. Each party acknowledges that he or she is sufficiently familiaz with the assets and income of the other to make an informed decision regazding the 3 content of this Agreement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right have all such property valued by means of appraisals or otherwise. Both parties acknowledge that they have had the oppommity to discuss with counsel the concept of marital property under Pennsylvania law and understand that they have a right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and the terms adequately provide for his or her interests, and that this Agreement is not the result of fraud, duress, or undue influence exercised by either party upon the other or by any person or persons upon either parry. Each party further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors or assigns, in action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 7. BANK ACCOUNTS, STOCK ACCOUNTS, RETIREMENT ACCOUNTS AND INSURANCE: Husband and Wife are owners of individual savings, checking, stock and retirement accounts and insurance at various institutions, and Husband hereby releases all claims in and to all accounts in the name of Wife, and Wife hereby releases all claims in and to all accounts in the name of Husband, and each party shall retain as his or her separate property each account currently titled to that party. Husband and Wife agree to sign, upon request and after execution of this Agreement, any titles or any other documents reasonably necessary to give effect to this Section. 4 8. HUSBAND'S RELEASE: Husband does hereby release, remise, quitclaim, and forever discharge Wife and the Estate of Wife from any and all claims that he now has or may hereafter have against Wife, or in, to, or against her Estate or any part thereof, whether arising out of any former contracts, agreements, engagements, or liabilities of Wife, or by way of dower or claim in the nature of dower, spouse's right or under any intestate laws or the right to take against Wife's Will, or for equitable distribution, support, alimony, alimony pendente life, or maintenance of any other nature whatsoever, excepting only those rights accruing to Husband under this Property Settlement Agreement. 9. WIFE'S RELEASE: Wife does hereby release, remise, quitclaim, and forever discharge Husband and the Estate of Husband from any and all claims that she now has or may hereafter have against Husband, or in, to, or against his Estate or any part thereof, whether arising out of any former contracts, agreements, engagements, or liabilities of Husband, or by way of dower or claim in the nature of dower, spouse's right or under any intestate laws or the right to take against Husband's Will, or for equitable distribution, support, alimony, alimony pendente life, or maintenance of any other nature whatsoever, excepting only those rights accruing to Wife under this Property Settlement Agreement. 10. MUTUAL INDEMNIFICATION: Each party represents that no debts, liabilities, or obligations have been incurred or contracted for which the other party or the Estate of the other party may be responsible or liable, except those specifically identified in this Agreement. Each party hereto shall hereafter keep the other and his or her heirs and personal representatives indemnified and saved harmless against and from all debts and liabilities 5 contracted for or incurred by or on behalf of the indemnifying party, and against and from all actions, proceedings, claims, demands, costs, attorneys' fees and expenses incurred in respect to any such debts or liabilities, excepting, however, obligations of the parties hereto to each other under this Agreement. 11. DIVISION OF REAL PROPERTY: Husband and Wife own jointly the marital residence, situated at 9 Sycamore Drive, Mechanicsburg, Cumberland County, Pennsylvania. Husband and Wife have agreed to sell the marital residence and have entered into a contract for the sale of the same with settlement scheduled for August 25, 2006. Husband will continue to pay Wife the sum of $325.00 per week to cover all the costs associated with the marital residence until settlement has occurred on the marital residence, provided however, that settlement occurs no later than September 25, 2006. In the event that settlement does not occur by September 25, 2006, the parties agree and intend that they will need to renegotiate the amount of contribution each will make to the mortgage obligations until settlement occurs. Once the settlement on the marital residence has occurred, but no later than September 25, 2006, Husband will discontinue the weekly payment to Wife; however, Husband agrees to pay one half of any final utility bills associated with the marital residence. Husband and Wife further agree that at settlement Wife shall receive 50% of the net proceeds plus $5,000.00 and Husband shall receive 50% less $5000 the net proceeds. The additional $5000 payment referenced above is made to Wife as part of her portion of the equitable distribution of the parties' assets and not as spousal support or alimony. After all of the final bills associated with the marital residence are paid, Husband and Wife will divide evenly any remaining balance in the Member's First Federal Credit Union joint checking account, the joint PNC accounts and Commerce joint accounts. In addition, should the parties receive any refunds associated with the marital residence, 6 they will divide said refunds evenly between them. The parties are currently scheduled to attend settlement on the sale of the marital residence on August 25, 2006. If settlement does, in fact, occur that day Wife agrees to remove her things from the martial residence on or before August 26, 2006, and Husband agrees to remove his things from the marital residence on August 27, 2006. 12. AIVISION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, their personal property and the personal effects, household fiuniture and furnishings, and all other articles of personal property which have theretofore been used by them in common, and neither party will make any claim to any items of personal property which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. The parties have obtained a storage unit at the Capital Self Storage Unit facility rented in Husband's name alone. Both parties have keys to this unit and have stored some of their belongings in this unit. Husband agrees to be solely responsible for payment of the rent on the storage until October 31, 2006. Husband intends to remove his things from the storage unit shortly after the parties complete the sale of the marital residence. Wife will then have until October 31, 2006, to remove her things from the unit or to obtain a lease for the unit in her own name at her own cost. 13. AUTOMOBILES: Husband and Wife agree that each shall retain the vehicle currently in his/her possession and will become the sole and separate owner of said vehicle. Husband and Wife also agree that Husband shall become the sole and separate owner of the 1989 Hazlet' Davidson. Husband and Wife agree to assume all responsibility for any outstanding debt balance on his or her respective vehicle, indemnifying and holding the other harmless from any financial responsibility arising 7 from nonpayment thereon. Husband and Wife agree to execute any and all instruments and documents necessary in order to effectuate the transfer of title to said automobiles. 14. LIFE INSURANCE POLICIES: Husband and Wife agree to waive any and all claims and relinquish all rights and interest they may have in any and all life insurance policies of the other. 15. COUNSEL FEES: Husband and Wife agree to be solely responsible for payment of his or her own counsel's fees. 16. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, to sue for specific performance, and to seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 17. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION: Husband has employed and had the benefit of counsel from Melissa P. Crreevy, Esquire, as his attorney. Wife has employed and had the benefit of counsel from Elizabeth S. Beckley, Esquire as her attorney. Each party acknowledges that he or she fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges 8 and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and/or with such knowledge as each party desires, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that under the Pennsylvania Divorce Reform Act, the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente life, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein aze fair, just, and equitable to each of the parties, and each party waives their respective right to have the Court of Common Pleas or any Court of competent jurisdiction make any determination or order affecting the respective parties' right to a alimony, alimony pendente life, equitable distribution of all marital property, counsel fees and costs of litigation. 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. This Agreement shall be binding upon the parties hereto, and there respective heirs, executors, administrators and assigns. 20. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed by both parties with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similaz nature. 9 21. SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 22. DATE OF EXECUTION/EFFECTIVE DATE: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they did so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals thnd year fiyrst~a~bove-written. l~7//~~J Y. cireevy, t/squire Barbara A. Grell 10 COMMONWEALTH OF PENNSYLVANIA ) SS.: COUNTY OF CUMBERLAND ) On this the ~ day of August, 2006, before me, the undersigned officer, personally appeazed Ted L. Grell, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. tary Pu is SEAL) My Commission Expires: COMMONWEALTH OF PENNSriVANIA NOTARIAL SEAL GAIL J. MAHONEY, Notary Public Lemoyne Boro., Cumberland County My Commission Expires Feb. 19.2010 COMMONWEALTH OF PENNSYLVANIA ) SS.; COUNTY OF DAUPHIN ) On this the ~ day of , 2006, before me, the undersigned officer, personally appeared Barbara A. Grell, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notazial seal. Notazy Public (SEAL) My Commission Expires: NOTARIAL SEAL GERALDINE J. SCRBACIC, Notary Publc City of Harrisburg, pauphln County My Commission Expires Nov. 20, 20013 11 ~ ~~ R C =. c .--i ~i i ~ . 7~ c__ X'et rn r= c~ M, a ~ t•3 A`_: z ,~ ``' .:~. : r~ ~ F ; r~ ~. .~.. BARBARA A. GRELL, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW :1N DIVORCE TED L. GRELL, Defendant :NO. 06 4039 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on 3uly 17, 2006. 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. § 4904 relating to unsworn falsification to authorities. Dated: ~ ~~ ~~ arbara A. Grell t BARBARA A. GRELL, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN DIVORCE TED L. GRELL, Defendant :NO.06 4039 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 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 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. Dated: ~IaI~~- arbara A. Grell t7 -'-~ r~ ~~ • ;~ ~ N ~~; ' f ~=-r ~ ~~ ~ ~+ , ~'3 ~ ~ N ~ ~ BARBARA A. GRELL, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN DIVORCE TED L. GRELL, Defendant :NO.06 4039 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3341(c) of the Divorce Code was filed on July li, 2UGti. 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. § 4904 relating to unsworn falsification to authorities. Dated: ///~~ 7 Ted L. e BARBARA A. GRELL, :1N THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN DIVORCE TED L. GRELL, Defendant :NO. 06 4039 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 of divorce ~,vithout 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. § 4904 relating to unsworn falsification to authorities. Dated: ~ ~~lQ 7 Ted L. ° ~i ~ ~ ~~' . 4_.- ~' _ ~'' ` tv ; .7 ^ ~ ~ ~. Z ~-~ ;~ ,...~ rn. BARBARA A. GRELL, Plaintiff v. TED L. GRELL, Defendant IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE N0.06--4039 PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for the entry of a Decree of Divorce. 1. Ground for divorce: irretrievable breakdown of the marriage under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: the complaint was served on Ted L. Grell, on August 1, 2006, by personally accepting service of the same. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff on February 9, 2007; by defendant on January 12, 2007. 4. Related claims pending: None. 5. (a) Date plaintiffs Waiver of Notice February 9, 200?, and it was filed on February 12, 2007. (b) Date defendant's Waiver of Notice January 9, 2007, and it was filed on February 12, 2007. DATED: ~ -~j'-~/~ of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 Respectfully submitted, li eth S. Attorney for Plaintiff CERTIFICATE OF SERVICE 1, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Melissa P. Greevy, Esquire Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 DATED: ,~-''~'~~ liz eth S. Bec , a n "' r'r `~ ~ -'~ y_ ~=;. J ~) ? '~~ u. - 1-} .. .. -_a ~~ ~ N .._ ... BARBARA A. GRELL, Plaintiff v. TED L. GRELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE NO. 06--4039 PRAECIPE TO WITHDRAW EQUITABLE DISTRIBUTION COUNT TO THE PROTHONOTARY: Kindly withdraw the Equitable Distribution Count filed in the above-captioned action. DATED: of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 Attorney for Plaintiff Respectfully submitted, __ .. CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Melissa P. Greevy, Esquire Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 DATED: ~'~ ~~ r-a ~? ~ .--~ ~ ~.^ T -n ~~ w'r V~^~' . Y1 f 1 r~0 : . . ["`Y ~ ` ` t,~ w~ ~~ . I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. BARBARA A. GRELL, ~' ~. -,, ~~- - _ Plaintiff N O . 4039 2006 VERSUS Defendant DECREE IN DIVORCE AND NOW, ~~ ~~~~, IT IS ORDERED AND DECREED THAT BARBARA A GRII..L PLAINTIFF, TED L . GREI,L 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; None. The Property Settlement Agreement between the parties shall be incor~or~,ted into the final decree for purposes of enforc~~ent, But shall not merge with the final Decree in Divorce. BY THE ~ RT: ATTEST: J. PROTHONOTARY ~~ ~~~ ~~~~ ~ ~~. A~ BARBARA A. GRELL, Plaintiff v. TED L. GRELL, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION -LAW :IN DIVORCE :NO.4039 -- 2006 NOTICE OF INTENTION TO RETAKE PRIOR NAME Notice is hereby given that the Plaintif in the above-captioned matter, a Final Decree in Divorce having been granted on March 13, 2007, hereby elects to retake and use her previous name of Barbara A. Negley and gives written notice avowing her intention in accordance with the provisions of 54 Pa.C.S. §704. G~- arbara A. Grell To be Known as: ~~ , Barbara A. Negley COMMONWEALTH OF PENNSYLVANIA ) )SS: COUI°dT ~' OF J~a.wP ~ ~ r~ } On the.~--d day of I'h a-~/ , 200_7, before me, a Notary Public, personally appeared BARBARA A. GRELL, now known as BARBARA A. NEGLEY, known to me or satisfactorily proven to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and seal. Notary Public (SEAL) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL GERAIDINE J. SCRBACIC, Notary PubNc City of Harrisburg, Dauphin Coun~r M Commission E Tres Nov. 20 2030 C"? ~ d ~-- ~ -rt ~. ~ ~ S S, SU ~ 1 t" ' v~ _ -c oo _ ? c.. r~ ~ ° ~:.~ . r;a ~ -.,. ~1 ~