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Home My WebLink About94-02430 . ;. .' , . __________~____~____x____~____~ ~, -- ',' ~ ~ $ ~ ~ ~ ;,; ~ ~ ~ $ ~ ~ ~ i ',' ~ ,;, " w ',' ~ ,;, " 8 ~ ',' W <:' ~ ',' ~ ~ ',' w ',' w ',' ,', ~ ~ ~ ...; ,', ~ ~ w ~.~ $ i ',' " !!! ~ ~ ~~ $ i ',' ,', ~ M ,,' ~ W 0;' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNA. qKIMBERL!::Y,qI<' WA.GNER. 'qqqq'qq II 'I ,I 'i N o. ,9.,~,::~,~,~,~qq ,..,~,E,~,~ 1994 ~ ,,~ ~ $ ~ .:! " ,~ ,'~ ~ * g ~ ~ ". ~; ~ ,', ~ ~ ~ ,', ~ ~ ',' VCI'SIIS " " " "qqq.. :1 " II KERRY A. ,I'/A.GNER", JR" DECREE IN DIVORCE AND NOW, ' ,,~p,\U ,~,Io,e.J" :3.", , "'" 19, ,94", it is ordered and decreed that." !<,I,~~?,R,4J;:Y. ,1\." \'IAJ:;,~J;:R "..".. "., , .., " , .,., plaintiff, and" ,I<E.lU~Y, A., ,WAGNER" ,JR.",.",.".."",.""."".." defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; NONE ;I. ~.' w ... ,', ~ ,~~~, ,~~ ~~,~I:J~?, ,,,!~;-~~,l1)~~~, ,1?l\!!:!'l,e,~1J, J;,I1El ,Pp,I;1;:i.ll,s, ,date.d ,Oc,taber. ,15" , , ~ ??,4, , ~?, ,~~<;=?~,~o7~,t,e:'! , ~,u.~ , ~~,t. ,1!1~~5!~9, ,i.'1~9, ,t,lJ~!?, p.~ Y9~,C,El , PI!,ql;ee,., ~ * ... ~ ,', n, T~~f~~l. j Allesl: ''<<JreJtc.e. C 'f. ~ J. I~ ~ .' ~?1'L .e;.Je.~ Prothonotary I::: ~7 11 -~-.-,--~._---~-~~.--~._,,-, ,-, "...... '~'---'~-,~--~.,._.-._,."., ' -- ,~ :..~~.***-~********~*~*~*~. ~ ~ <; ~ I.: ~ :1'_---,-, ~~:. .~:. .:.:. .:.:- " . . - , . '1ft::tu.. /Y~ ~ 0/ // 3 9r ":>'" en - ~ ",r:; or :r. u.,t~ ::-.i~1 0-.01' k.o"'''~ .~ :':Cl~ n~~:-i:- ;;::.~IH ,n;,Z w\olJ;r. ..0'" ;~.:.:Q.. ::> 0(.) :c c- O LI'I !:::! r- c-...I - u c::> CIl .CIl Z ~ .... ..... E-< ZZ .... C Z ~ O~ ~ . .M , III 0!iJ 1&1 = ~I>. E-< 0: ..... 0: 'tl ..... ..:l Iii l'! fg c .., c Z~ 0 , ...:I .M Q) <...:I o ..:lw- U>< H c.:> III . .... E-<E-< ] ~~:: IiJ E-< > ~ .-l 0: Q) ZE-<Z ~Z H I>. W 0 O~W ~ en -2:':' 0::> U . Z HCIl~ c;r:.i.....lo... 0 . > c.:> E-< W c..l :c ... E-<W a <::l:Cc.!: 0: M ~ E-<O: ..:j DIlzC. c ::>0 .... U >< <o:c.:> OZ N 0: ~ . c.~< 1Il..,.:ll U. 1&1....< ...:I .... > 0: !nO l:l U WO: 0\ H W >< 0: :C~< 0 gJ 0: I>. E-<gJii . 0: 0 Z H ~ Z::>< Z H :.: :.: HU> ~ .' . . . . . , . .' , .. .' , , ." .' . . SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this U /5 _ . day of October, 1994, by and between KERRY A. WAGNER, JR., hereinafter referred to as "Husband", and KIMBERLEY K. WAGNER, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married November 14, 19871 and WHEREAS, the parties have two minor children born of this marriage, Kody Lee Wagner, born June 21, 1991, and Korey Paul Wagner, born July 24, 19921 and WHEREAS, differences have arisen between Husband and Wife, as a result of which it is the desire of the parties after long and careful consideration, amicably to adjust, compromise and settle all property rights and all rights in, to, or against each other's property or estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for maintenance, child and spousal support, alimony, equitable distribution, custody, counsel fees, and costs1 and WHEREAS, it is the mutual desire of Husband and Wife to reduce their agreement to writing1 and NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements hereinafter contained, each of the , , . . , parties hereto, intending to be legally bound hereby promises, covenants, and agrees as follows: 1. (Parties to Live SeDarate and ADart\ The parties mutually agree to live separate and apart as though the parties had not been married. Neither party will molest the other, or compel the other to cohabit or in any way harass or malign the other, nor in any way interfere with the peaceful existence of the other. 2. (Personal ProDertv\ Husband and wife have divided all personal property, which would constitute marital property. Wife agrees that any property in the possession and control of Husband at the time of the signing hereof shall be the sole and separate property of Husband; and Husband agrees that all property in the possession and control of Wife at the time of the signing hereof shall be the sole and separate property of Wife. Husband agrees to waive all title and interest in the 1987 Dodge Caravan titled in wife's name. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have to the sole and separate property of the other. 3. (Marital Debts) Husband and Wife each covenant, represent and agree that each will now and at all times hereafter save harmless and keep . . . , the other indemnified from all debts, charges and liabilities incurred by the other prior to or after the effective date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. Wife assumes and agrees to pay and hereby agrees to hold Husband harmless on the following joint debts and obligations I 1. PSECU loan currently in wife's name only and paid by payroll deductions; 2. PSECU auto loan secured by Wife's 1987 Dodge Caravan. 4. (Child SUDDOrt and Claims Arisinq Prom the Marital RelatioDshiD) In accordance with an existing Support Order established through the Domestic Relations Office, Husband shall pay to Wife the amount provided in the Order as suppo~t for the two children, or such amount as the parties or a court of competent jurisdiction shall determine based upon changed circumstances. Husband's obligation to make this payment shall terminate when each child dies, reaches age eighteen (18), is married, or is otherwise emancipated, whichever of these events shall first occur. Husband's obligation shall not survive his death and shall not constitute a charge on his estate. Both parties agree to keep in effect sufficient life insurance made payable to the minor children to provide care, maintenance and educational expenses for the minor children. After the children reach age eighteen (18) years, Husband and Wife agree to contribute toward the cost of the children's education, with the assumption that . . the children will also contribute toward these costs through employment and/or loans. Husband and Wife are presently employable and waive all claims against the other for maintenance, spousal support, alimony, or alimony pendente lite which may arise out of the marital relationship. 5. ICustodv and visitation I The parties recognize the Custody Order dated January 25, 1994 which gave Wife primary physical custody of the two children, as well as legal custody of both children. This Order, also set periods of partial custody for Husband to see the children and, at paragraph 3, permitted a variation of the court- ordered schedule by agreement of the parties. The parties, believing that it is in the best interests of their children to agree to periods of partial custody, wish to modify the January 25, 1994 Custody Order by agreement as follows: 1. Husband shall have the right of temporary custody for purposes of visitation with both children one weekend per month from Saturday at 4:00 p.m. until Sunday evening at 8:00 p.m. 2. One weekend per month the children will stay with Wife for the entire weekend. 3. On the remaining weekends of the month, Husband shall have the right of temporary custody for purposes of visitation with both children on Sunday from 10:00 a.m. until 8:00 p.m. 4. Husband shall have the right of temporary custody for purposes of visitation with both children every Wednesday evening from the time Husband picks up the children from the sitter's at approximately 4:30 p.m. until 8:00 p.m. 5. In addition, Husband shall have the right of temporary custody for purposes of visitation with Kody Lee Wagner one Friday evening per month and with Korey Paul Wagner one Friday evening per month from the time Husband picks up the children from the sitter's at approximately 4:30 p.m. until 8:00 p.m. 6. The parties agree that holidays, including Christmas, Thanksgiving, Easter, the children's birthday and the birthday of their mother or step-brother will take precedence over the weekend schedule set forth above. Christmas, Thanksgiving, Easter, and the children's birthday will be split between the parents. Mother's Day and Father's Day shall be spent with the appropriate parent. 7. Husband shall have the right to extended visitation of at least one week during the summer, including the weekends on both ends of the selected week. Wife shall also have the right to take the children on a one week's vacation, including the weekends on both ends of the selected week. Both parties shall give as much notice as is possible, but not less than three weeks' notice of the selected summer vacation week. 8. Absent emergencies, Husband agrees that he will give forty-eight hours' notice to Wife if he does not wish to keep the scheduled visitation. Similarly, Wife will give forty-eight hours' notice if she wishes to change the scheduled visitation. Both parties understand that the children will not go if they are ill. . 9. In all other respects, the Custody Order of January 25, 1994 shall remain in full force and effect. The parties further agree that the above schedule may be adjusted between the parties to accommodate work or vacation schedules or family plans. The parties agree that it is in the best interests of the children to work together and to look primarily to the children's best interests in arranging temporary custody and visitation. To that end the parties agree that these are minimum established visitation schedules which may be modified at any time by either party with the consent of the other, and Wife desires to make clear in this agreement that reasonable visitation will not be denied Husband so long as appropriate prior notice is given by Husband of his desires. 6. (Waiver of Interest in Retirement\ Husband and Wife expressly waive and relinquish any right, claim, title or interest in any pension, profit-sharing, retirement, credit union or other employment-related plans in which the other has any interest, whether vested or unvested, matured or unmatured. 7. (Leaal Representation\ Husband and Wife declare that each has had a full and fair opportunity to obtain and consult with legal counsel of his/her selection and that the parties, cognizant of their legal rights, declare and express that: a) Wife is represented by Debra K. Wallet, Esq.; and . . b) Husband, having been advised that it is advisable and desirable to be represented by counsel, has willingly and knowingly decided not to be so represented. 8. IMutual DischarQel Wife relinquishes her inchoate intestate right in the estate of Husband, and Husband relinquishes his inchoate intestate right in the estate of Wife, and each of the parties hereto for himself or herself, his or her heirs, executors, administrators or assigns does remise, release, quitclaim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity of whatsoever kind or nature for or because of a matter or thing done, omitted or suffered to be done by said party prior to and including the date hereof, except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement. 9. INo-Fault Divorcel An action for divorce has been instituted by Wife in the Court of Common Pleas of Cumberland County, docketed to No. 94- 2430, alleging that the marriage is irretrievably broken and requesting a no-fault divorce under Section 330l(c) of the Divorce Code. It is hereby agreed that the marriage is irretrievably broken and that coincident to the signing of this Agreement, both parties will execute affidavits of consent to the entry of a Decree in Divorce under Section 3301(c) of the Divorce Code. If the contemplated divorce is not granted within twelve (12) months from the date hereof, this Agreement shall be null and void and of no further force and effect. 10. IBxecution and Deliverv of Documentsl The parties hereto agree to execute and deliver all papers needed to effectuate the terms and intentions of this Agreement. 11. IBreachinQ Partv Pavs Costsl If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, either to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 12. lGeneral provisions I This Agreement encompasses all agreements between the parties concerning the matters set forth herein and may not be altered or omitted except in writing executed by the parties~ the waiver of any term, condition or provision of this Agreement shall in no way be deemed a waiver of any other term, conditions or provisions of this Agreement. If any term, condition or provision of this Agreement shall be deternlined to be void or invalid in law or otherwise, then only that term, condition or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force. It is agreed by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated, by reference, into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. This Agreement is executed in triplicate, and Husband and Wife, as parties hereto, acknowledge the receipt of a duly executed copy hereof. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date first above written. WITNESS: 11 .;5. ~ l~t I~ f (SEAL) ~ u"l<, ~. wv......r ~~\.u.,~h)~~ KIMBERLEY K <J WAGNE (SEAL) . COMMONWEALTH 9f PENfSYLVANIA : COUNTY OF ~ (;.... ~ : SS On this, the r.,-i. day of cocA. , 1994, before me, the undersigned officer, personally appeared KERRY A. WAGNER, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. GtIy'.~Seal ~HiiBoto. Ct.n~~ My Corn<r""""" r..".t*cs Feb. ~. ~ POii--' '_ . 19. 1900 COMMONwE"h'filB' '\::j! '''''H VANIA COUNTY OF &.., 4 i~" ~.j. ~,~ Ie; LI Notary Public . . : SS . . On this, the / sri day of (9 c- r. , 1994, before me, the undersigned officer, personally appeared KIMBERLEY K. WAGNER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. NoIari31 Seal Fay I. Bid<haJ~ NoI:"Y Nlic Carrl> I'oli B:lo'O. Cl.IItlCI1and Cou1Iy MyCoO!11lTK.tim Wcs Feb. 19. ,m ~ Olr. emsytwrlaAs&ociallon of Nolanes ~ ;:). ~ l ~tL-f Notary Public 1 IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2430 CIVIL 19 94 KIMBERLEY K. WAGNER vs. KERRY A. WAGNER, JR. PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 3301 irretrievable breakdown under Section CJCa(c)) 1. Ground for divorce: 'J3Ol ~(d) (1) :of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the compLaint: Cert if ied mail ret urn receipt requested; 5/11/94, Affidavit of Service attached as Exh~bit ~. 3. (Complete either paragraph (a) or (b) .) 33C( ~(c) of the Divorce Code: by the plaintiff (a)' Date of execution of the affidavit of consent required by Section 10/15/94. Exhibit B . by defendant 10/20/94. Exhibit C . (~>()llJ~HX~%otn()b'{XXbClX~K~lIX<<~1cK~tl(eoX~ 3301 Ki(~~x.i><llheX>>~iC(*xxx ; OUXIlraalH(JOxx~.xOO)()th.~1c~~)IIX~;J;xmmc;J;kK~H~ 4. Related claims pending: NONE. Separat ion and Property Sett lement Agreement attached hereto as Exhibit D 5. Indicate date and manner of service of the notice of intention to file 3301 praecipe to transmit record, and attach a copy of said notice under section ~ (d)(l)(i) of the Divorce Code. \'o4NII...of(. W~ Attorney for (Plaintiff) :<9~Rltk 1 , { . l~ . :~.;: "t: t~ >,~<; ~~. 'f., .,~k ~{;r ~"~'ff"';:~(' , ~ . - -, .1 , , I ."t I 1 ,;;; I.: .'~~ \'!' '_11 .~> -"~t .., t,'I' ::;;. ;'$- t! 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""-,'L ",'5...-:~.:_'.. ,,~,,' - - - t , 1 , l I ':-'';' ','.. ;., -..' .;- ~~'. ,"l',' '-," f f ! -.t- j , ~ ., ;-~ V_" :.if "1"'_" ,....:i.. ! :1:\- =l' l.'~;(~t I {I,~-Ir.::,':' i -1' ,. ',! .,~~"~::', j.' ; <~ ) ;; r ',f "<k: :;J~~(' ;...r" .1'::: cd' ' ~1' q. '~l_, . ',:;.., H " ! j i ! $ ,',t. " ;;\ ,t-, ~ ;< ',. . .'",,, ,;)~:~:f~:~W%~J~~~~J,' " " !;;;:;~i,:~~~~ '."'.,' ;> -,0' '~)~{ ~;~~ ;' 'f; . -', ,'-' , l " r ,- f"" iE CD o :';t. ~! ' .. I'~ ",.t ~H:":~. .r ~~J'.J:; ;:,~ :"~ ?;~ ("f') ~ ~ 1-01'0 \'<") ~ \.c-) ~ ~ 1\') ......... -... -.....:: ..". en - ~ ." :a:: ,,r 'I'<IW ; ,'(.J. j- :-1 I...~ o ~j.~~ '~~ ':(. f) ~ ~ r{'\ ,.... I'() "- l'() ~ ..... ~;J~ \" Vo c..o \~ "'" - lol ;; "" ~ ...... ~ Iii!:: "" Q ~ III ~ Z 'M H 3 :<ll!:::Iil_ o ,. o<l: .... o<l: , ~ Iii -z ~ ~Q H c:: , ...:l ~~ "M p: "" ~ .-a:jo::;! P:1tI ..., X ~C1_=;::- 00:1 > ~g: 0 ....::c"'_ u ...:l . u !t <~ C ~~ >< ~ p: ~ llIlz~ o!i!~ ~ ~ 1Ilt!i< . Z ~ lol U E-<=>Z > ~ p:U ~ , o<l: 0 Q =>~"" :.: ~ > 0 H uO . >< , Q >< ~ o<l: ~~E-< ...:l p: >< :I:rilZ ~ p: E-<...:l5 o:l p: z""u X ~ H H :.: :.: . . ..;,... , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLEY K. WAGNER, : ~J~ Plaintiff : No. 1'4 - ')'l.fjO . . v. . . . IN DIVORCE . KERRY A. WAGNER, JR., I Defendant . . NOTICB YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take prompt action. You are warned that, if you ,fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. when the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S F~ES 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. Court Administrator Cumberland County Courthouse 4th Floor 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 (717)240-6200 ,.<. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLEY K. WAGNER, Plaintiff No. v. IN DIVORCE KERRY A. WAGNER, JR., Defendant DIVORCE COMPLAINT 1. The Plaintiff is Kimberley K. Wagner, who currently resides in Cumberland County, with an address of 41 Brentwood Road, Camp Hill, Pennsylvania. 2. The Defendant is Kerry A. Wagner, Jr., who currently resides in Cumberland County, with an address of 104 S. 2nd Street, Wormleysburg, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 14, 1987, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Divorce is sought pursuant to the provision of the Divorce Code, Section 3301(c), in that the marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counselling and of the Plaintiff's right to request that the .' Court require the parties to participate in counselling and does not request same. 8. Defendant is not a member of the armed services. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. Respectfully submitted, LOANlIl.~. Ld~ Debra K. Wallet, Esq. 24 N. 32nd street Camp Hill, PA 17011 (717) 737-1300 I.D. '23989 Attorney for Plaintiff Date: 5'h I q'l , . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KIMBBRLBY K. WAGNER, Plaintiff I I I No. v. . . KERRY A. WAGNER, JR., Defendant : : : IN DIVORCE VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~ '-'\...fAOI~~K, W~ KIMBERLE K. WAGNE Date: '5\1>\q,~ -::r C"1 rc~ = ..", wt:;::,)~.! c.,_ UZOz :l t'::OU:t ~ 0 ~~~~I ~. . .j4.t)oo 4-~.) L-' ,V) L.',,:irZ ...1 u.i;r. ~bJWhJ ~ ~..1 I.-~Xa.. t__o ...:::1 '-' 0'" (.:..:.J CIl < ..... C "'CIl 'M III lil Z ~ .j.J 'tl U 1-0 _ zz . c , C H Olil lil P: 'M P: Q) > Ial - ..:Il;jO :E'" E-t lil III ..., ..... P: '() ~ t: :E Z ..; Q) lil j ~~~Iil~ 0 . ..:l ~ '" . 0 CIl U>< H P: E-t > lil c.. ~ U)"Z,.:. c..Z H . Z 0 ~ '.......0... 0::> U > Cl :Ill......:... 0 ;.: ~ E-t a <::::ca.!: E-tu 0 H ~ llIlz'" C P: M lil >< > ::>0 ... U lil , < Ill.." OZ N P: ~ < 0 IalN< U lil >< c.. lilP: en H III P: c.. :I:lil< 0 :E P: < E-tIIlH , H lil Z~~ 0 Z ;.: ;.: Z H HU> , . , , . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLEY K. WAGNER, Plaintiff v. NO: 94-2430 CIVIL TERM IN DIVORCE KERRY A. WAGNER, JR., Defendant AFFIDAVIT OF SBRVICB COMMONW~ALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Debra K. Wallet, being duly sworn according to law, deposes and says that she is the attorney for Plaintiff, KIMBERLEY K. WAGNER, and that she did mail a true and correct copy of the Complaint in divorce in the above matter, by certified mail, return receipt requested, to the Defendant, KERRY A. WAGNER, JR., on May 9, 1994, at his last known address: 104 S. 2nd Street, Wormleysburg, PA 17043, which satisfied the requirements of service by mail pursuant to Pa. R.C.P. 403. The signed receipt acknowledging receipt on May 11, 1994 is attached hereto as Exhibit "A". \.OUI\e...1l, Wa.u..t- Debra K. Wallet, Esquire Sworn to and subscribed before me this it: Qj , 1994 / ,/ /././ -' C> 4A'-'/ 1!0Ttc",[ '[!,l J KATRr1~J\ r. \'.'.'. _: t: '_"'~\, hi,';!" Cadi:!c tk'.... C<, -~~ ,'d ': ' ':\' I t My CO;-nlOll'i~l:Jn k"'",,('::..:~!~~...~~,:. I ~9~_ "fll , '''J ~;~j ,io~J (-,. . ~~lJ f~'~ ,;.;.:.~~ fiX: i;;i ~"'i it"," :-f<:: ~:j~ IC\~. i'!il: :i~~: ill"'..: :l!''''' ''KI~' ~{~ ~:: 1ft lI;:r ~" ~fi< ~ ~ ~ ~~~! "K' }f:o: f<; 'Q~ ,'-,'" ~ .~'v _.... CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLEY K. WAGNER, Plaintiff I I I : NOI 94-2430 CIVIL TERM : : IN DIVORCE : v. KERRY A. WAGNER, JR., Defendant AFFIDAVIT OF CONSENT 1. a. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 6, 1994. b. I hereby acknowledge receipt of a copy of same. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I have been advised of the availability of marriage counselling, I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request, and being so advised, I do not request that the Court require marriage counselling. 5. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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. 54904 relating to unsworn falsification to authorities. Date: 101,6' Jq1 I I \AI IVV\~Ab ~. \A)~A KIMBERLE~. WAGNE .._~...."..~ .._.~. "_C'." "" .. ,... _......" ,,-"~'''''''''''''''-'-''''''-''''''''.'~. -:r en - ;',;;e: "';r. ~.~, .: :.' :: ~. ". ~ ..~ ~,,-'.'l \_ -,"'-.1 . :c C- O II> !:::! . ',. .',1" .~. r. r-- ;_ I,' ,:J ("oooJ .'"-~ , C (:.';' C) III < Eo< "'Ill "" ..... Z "" C Z ... zz ili ',.j III ILl - o ILl ..... 'tl III 1&1 - ~'" ILl . C , C Z ~lilO E- o: ',.j 0: Q) 0 '()- _ t:: 0 . ILl III ~ "" U ~ ~~~Iil~ U>< ~l Z ..... Q) Eo< H t:l '" . Cl r.. ~ u)"z..:. r..Z > ~ 0: 0 c:r ...,..J 0 .., O::l H ;. ILl llll....J:c... 0 U Z Eo< a <::l= "" E Eo< t:l 1&1"'< U< N 0: ILl , H Q U ..:! I 0 ..:! < r.. ILl 0: .... > 0: r.. :z:w< C7I H ILl >< < Eo<l%lH t:l l%l 0: zS~ . :E: 0: 0 Z H ILl HU> Z H :.: :.: ~--:- -- . . . , a<l..llt_. _ . CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLEY K. WAGNER, . . Plaintiff . . : v. . NO: 94-2430 CIVIL TERM . : KERRY A. WAGNER, JR., : IN DIVORCE Defendant . . AFFIDAVIT OF CONSENT 1. a. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on Hay 6, 1994. b. I hereby acknowledge receipt of a copy of same. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I have been advised of the availability of marriage counselling, I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request, and being so advised, I do not request that the Court require marriage counselling. 5. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. 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