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· IN THE COURT OF COMMON PLEAS ·
. .
. OF CUMBERLAND COUNTY *
8 .
: STATE OF * PENNA. :
8 .
. .
8 DlVIO.". GIlRIIAIlT, JR., ['.;0".6357. CIVIL.... 1')94 .
8 Plaintiff 8
8 \','1',,11- (I
8 -- L. GIlRIIAIlT, .
(I ~~t .
8 8
~' ~
* 8
8 DECREE IN .
*, D I V 0 R C E .
81 .
. AND NOW, ... r.ekm.l~'l" ~'t".,.,., 19 ,'l~., it is ordered and 18
! decreed that ~
... ' , , ,DAVID, W,'. GERHART.., JR.., , , . ' , , . ' . ...... ' . " plaintiff,
. and. . . . . , . . , , , . , , . . ' . ,WENDY .L., ,GERHART. . . ' . ' . . . ' , , , . . . , . . . . " 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
... ~
8 been entered; None. I .
'" The Marriage Settlement Agreement of the parties, dated December 12, 1994, 1*
... and attached hereto as Exhibit "A", is hereby incorporated by reference hereto '"
and 'snall nave the 'same '!orce and 'effect' as' if' it'had'bBeh' originallY 'eri~ered ...
· 1 i" ~.'
'" ,a.s. ,an .Qrclflr .Q( ,Court. ,PJ:OV ded, ,bovever,. tnat. ~a .., Agr~n,t, IIMll Aot. JIlI!.1'ge
: with h rder, but shall retain its contracted significance as well. ~
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. II y The en u r 1:.1 11. J. "
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MARRIAGE SETILEMENT AGREEMENT
BY AND BETWEEN:
DR. DAVID W. GERHART, JR.
-AND-
WENDY L. GERHART
Dated:
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INDEX
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7.
I.
9.
Divorc. .nd s.p.r.tion. ..
Divi.ion of prop.rty .....
E..oution of Addition.l Docua.nt.
Lien. .... . .
compl.t. Li.tinq of prop.rty . .
Equitable Di.tribution of prop.rty
Relinqui.hm.nt of OWn.rship ..
Debt. .. ...
Pull Di.olosur. ,.. ..
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12.
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17.
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R.l..... . .
Indemnific.tion ,
G.n.r.l Provi.ions . . .
Pair .nd Equit.ble cont.nt.
Br.aob . ...
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E..cution of Document.
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. .. . . . .
. . . . . If .
Applioabl. La.
lIon-lC.rq.r .
siqnatur. paq.
Notary paq. .
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'age
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4J.,..I"'IOl..KlPIllllMAlOUAUliSln"lUo.Ml::.Nl ALJKltZ.Mt:l\Il'~l:nUMr Ii" lw.&
MARRIAGE SETILEMENT AGREEMENf
AGRIIMINT MADE this ~ day o~
.1994, by and between DR. DAVID If. GIRHART, JR. ("HUsband") - A . D -
.BIIDY L. OBRIlART ("Wife"), at Harrisburg, Pennsylvania.
WHEREAS, the parties hereto are husband and wife havin9 been
married on June 20, 1992, at coudersport, Pennsylvania.
WHIRIAS, diverse unhappy difference., di.put.. and
difficulties have arisen between the parties and it is the intention of
wife and Husband to live separate and apart for the re.t of th.ir
natural lives, and the parties desire to settle fully and finally th.ir
respective financial and property rights and obligation. ae b.tw..n .ach
other inCluding, without limitation by specification: a.ttling of all
matters between them relating to the ownership and .quit.bl.
distribution of real and personal property; settling of all matt.ra
between them relating to the past, present and future support, alimony
and/or maintenance of wife by Husband or of Husband by Wife; and in
general, :he settling of any and all claims and poaaibl. claima by ons
against the other or against their respective estates.
NO., THIRIFORE, in consideration of the foregoing premia.. and
of the mutual promises, covenants and undertakings hereinQfter ..t forth
and for other good and valuable consideration, receipt of Which is
hereby acknowledged by each of the parties, Wife and Husband, each
intending to be legally bound hereby, covenant and agr'e. as follows:
1. Divorce and SeDaration. The parties agree to the entry
of a decree in divorce pursuant to section 3301(c) of the Divorce Code
of 1980. Husband and wife shall at all times hereafter have the right
to live separate and apart from each other and to reside from time to
time at such place or places as thp.y shall respectively deem fit, free
from any control, restraint, or interference whatsoever by the other.
Neither party shall molest the other or endeavor to compel the other to
cohabit or dwell with him or ~er by any legal or other proceedings. The
foregoing provision shall not be taken to be an admission on the part of
either Husband or Wife of the lawfulness or unlawfulness of the causes
leading to their living apart.
2. Pivision of ProDerty. Husband and Wife agree that the
following constitutes an equitable distribution of the marital property,
A. The fOllowing property shall become the sole and
exclusive property of Husband:
... 1993 Eagle Talon.
2. Marital residence located at 303 South 32nd
street, camp Hill, Pennsylvania, including chiropractic practice,
3. All household goods in his possession.
4. Baseball card collection.
S. Crystal Dolphin.
B. The following property shall become the sole and
exclusive property of Wife:
- 2 -
1. 1990 Toyota Corolla,
2. All household good. in her po.....ion.
3. crystal figurine collection without dolphin
figure.
4. Wicker vanity and cyrstal cabin.t,
3. 1I..eution of Additional DocWI.nts. The parties agree to
execute any deeds, assignments, titles or other instruments necessary
and appropriate to accomplish the aforesaid division of property,
4. Li.ns. Notwithstanding any other provisions in this
document all property transferred hereunder is subject to the existing
lien or 1i.ns set forth above. The respective transferee of such
property agrees to indemnify and save harmless the other party from any
claim or liability that such other party may suffer or may be required
to pay on account of such lien or encumbrance,
5. CO_Dlet. Listina of ProDertv. The parties repre.ent and
warrant to each other that the property described in this Agreement
represents all of the property in which they have any right, title and
interest, and that such property is subject to no mortgage, pledqe,
lien, security interest, encumbrance or charge except those which are
disclosed herein.
t. lauitable Distribution. By this Agreement the parties
have intended to effect an equitable division of their jointly owned
property. The parties have determined that an equitable division of
- J -
such property conforms to a just and right standard, with due regard to
the rights of each party, The division of existing marital property is
not intended by the parties to constitute in any way a sale or exchange
of assets, and the division is being effected without the introduction
of outside funds or other property not constituting a part of the
marital estate. It is the intention of the parties to treat all
transfers herein as non-taxable.
7. aelinauishment of ownershiD. Except as expressly
provided herein, Husband forever relinquishes any right and interest he
may now or hereafter have in any assets now belonging to Wife, and Wife
forever relinquishes any right or interest she may now or hereafter have
in any assets now belonging to Husband.
8. Debts. Husband and Wife agree to be responsible for the
joint debts of the parties as follows:
A. Husband shall be responsible for the outstanding
loan with Hamilton Bank on the Eagle Talon, the outstanding York Federal
balance for the purchase of the marital residence, the equipment loan
with First National Bank, Port Allegheny, Able Leasing, and school
loans.
B. Wife shall be responsible for the outstanding lien
on the Toyota Corolla and the outstanding balance on her student loans,
c. All debts, contracts, obligations or liabilities
incurred at any time in the past or future by either party will be paid
- 4 -
promptly by said party, unless and except a. otherwi.e specifically .et
torth in this Agreement; and each ot the partie. hereto further
promise., covenants and agreell that each will now and at all time.
hereatter save harmless and keep the other or hi. or her estate
indemnitied and save harmless from all debts or liabilities incurred by
him or her, as the case may be, and from all actions, claims and demands
whatsoever with respect thereto, and from all costs, legal or otherwi.e,
and counsel tees whatsoever pertaining to such actions, claim. and
demands. Neither party shall, as ot the date of this Agreement,
contract no~ incur any debt or liability for which the other or hie or
her property may be responsible, and shall indemnify and .ave harmle..
the other from any and all claims or demands made against him or her by
reason of debts or obligations incurred by him or her and from all
expAnses, legal costs, and counsel fees unless provided to the contrary
herein.
t. rull Disclo.ure. 'the respective parties do hereby
warrant, represent and declare and do acknowledge and agree that each i.
and has been fully and completely informed of and is familiar with and
cognizant ot the wealth, real and/or personal property, .:Jstate and
assets, earnings and income of the other and that each has made a tull
and complete disclosure to the other of his or her entire a...t. and
liabilities and any further enumeration or statement thereof in this
Agreement is specitica11y waived.
- 5 -
10. R.l...... Each party does hereby remise, release,
quitclaim and forever discharge the other and the estate ot the other
from any and every claim that each other may now have, or hereatt.r have
or can have at any time, against the other, or in and to or against the
other's estate, or any part thereof, whether arising out ot any former
contracts, engagements or liabilities of the other, or by way of dower
or claim in the nature of dower, widow's rights, or under the intestate
laws, or the right to take against each other's will, or for support or
maintenance, or of any other nature whatsoever, except any rights
accruing under this Agreement.
11. Indemnific.tion. Each party represents and warrants to
the other that he or she has not incurred any debt, obligation, or other
liability, other than described in this Agreement, on which the other
party is or may be liable. Each party covenants and agrees that it any
claim, action or proceeding is hereinafter initiated seeking to hold the
other party liable for any other debts, obligations, liability, act or
omission of such party, such party will at his or her s~le expense,
defend the other against any such claim or demand, whether or not
well-founded, and that he or she will indemnify and hold harmless the
other party in respect of all damages as resulting therefrom. Damages
as used herein shall include any claim, action, demand, loss, cost,
expense, penalty, and other damage, including without limitation,
counsel fees and other costs and expenses reasonably incurred in
- 6 -
investigating or attempting to avoid same or in opposing the imposition
thereof or enforcing this indemnity, resulting to Husband or Wite from
any inaccurate representatio~ made by or on behalf ot either Husband or
wite to the other in this Agreement, any breach of any of the warranties
.
made by Husband or Wite in this Agreelnent, or breach or detault in
pertormance by Husband or wife of any of the obligations to be pertormed
by such party hereunder. The Husband or Wife agrees to give the other
prompt written notice of any litigation threatened or instituted against
either party which might constitute the basis for a claim for indemnity
pursuant to the terms of this Agreement.
12. aeneral Provision..
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,
13. Fair and Eauitable Contents.
The provisions ot this
Agreement and their legal effect have been fully explained to the
parties by their respective counsel. Each party acknowledges ~hat he or
she has received independent legal advice from counsel of his or her
selection and that each fully understands the facts and has been tully
informed as to his or her legal rights and obligations.
acknowledges and accepts that this Agreement is,
Each party
under the
circumstances, fair and equitable, and that it is being antered into
freely and voluntarily after having received such advice and with such
- 7 -
knowledge, and that execution of this agreement is not the re.ult of any
dure.s or undue influence and that it is not the result of any collusion
or improper or illegal agreement or agreements.
1~. Bre.ch. It is expressly stipulated that if either party
fai1~ in the due performance of any of his or her material obligations
under this Agreement, the other party shall have the right, at his or
her election, to sue for damages for breach thereof, to sue for specific
performance, to rescind this Agreement, or to seek any other legal
remedies as may be available, and the defaulting party shall pay the
reasonable legal fees for any services rendered by the non-defaulting
party's attorney in any action or proceeding to compel performance
hereunder.
U. Uecution of Document.. Each party shall on demand
execute any other documents that may be necessary or advisable to carry
out the provisions of this Agreement.
16. ADDUcable La". 'rhis Agreement shall be construed under
the laws of the Commonwealth of Pennsylvania.
n. Non-MerCIer. This Agreement shall not merge with any
subsequent decree in divorce between the parties but shall survive such
decree and be entirely independent thereof.
- 8 -
I. .1'1'.1.. WHIRIOr, the parties hereto have set their hand.
and s.als the day and year first above written,
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R. DAVID .. aiR
~Lll\d.L/':;/ V,-l~
W NDY L. j.dIlBT, WI
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPHIN
Personally appeared before me, a Notary Public in and for the
atoresaid Commonwealth and County, DR. DAVID.. aiRHART, JR., who being
duly sworn according to law deposes and sa}s that he is a party of the
toregoing Agreement and he executed same for the purposes therein
contained.
Witness my hand and seal this
-)
I.~
day of 1\1 (,''''1'.17;(
1994.
No
My
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No_I Sooll
0Nyme C. "lIllgle. Noay F'1;bIc
. _HlIn1sIlurg. 9OOI;lhln County
~CQm,iMIon~MlIY29.100:
- 9 -
. .
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COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF
0/1 {'tllIll\'
Personally appeared before me, a Notary Public in and for the
aforesaid COlllr.lonwealth and County, "IIIDY L. OI!JUlART, who bein9 duly
sworn according to law deposes and says that she is a party of the
foregoing Agreement and she executed same for the purposes therein
contained.
Witness my hand and seal this .J)'II! day of _1),""'''H,jJt y
1994.
II" M: - "
Notary P lic
My Commission
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NoIartal $eel
~c.PrIrI,jIe.NobyPubllc
_ Hantellug, OOUlJljn ColJnty
My CommI58IoO E>;lirea May </9, 19117
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UdaU" I OGD-Y.~n COVII'n, .a
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Def.ad&at I 01.110 actlOM - DIYOIC.
'10 'IIUI ~Ulrl
Tran..it the record, toqether with the followinq intoraation, to
the Court tor entry of a divorce decree:
1. Cround for divorce: Irretrievable breakdown under
section 3301(c) of the Divorce Code.
I. Date and .anner of .ervice of the Co.plaint: Noveaber 16,
1994 by hand-delivery.
I. Date of execution of the Affidavit of Con.ent required by
Section 3301(c) of the Divorce Code: by Plaintift on rebruary 17,
1995; and by Defendant on rebruary 17, 1995.
4. aelated clai.. pendinq: None.
OIG.I., UO"'OII I .acD
Date:
cl-/19s
By:
Car
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3917 North rront stre.t
Harri.bur9, PA 17110-1223
(717) 234-3401
Attorney for Plaintitt
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DAVID .. Ol/RHART, JR. I IN THI/ COURT or COKMON PLIA.
Plaintiff I CUNBI/RLAMD COUNTY, 'A
I NO. q" - '" J 1-'1 Ct.~ ,..~-
V. I
I
.IIIDY L. aiRHART, I
Defendant I CIVIL ACTION - DIVORCI
YOU HAV. BI/I/II 8UI/D IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take prompt action.
You are warned that if you fail to do so, the case may proceed without
you and a decree of divorce or annulment may be entered against you
for any other claim or relief requested in these papers by the
Plaintiff. You may lose mon~y 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, Cumberland County Courthouse, Carlisle, Pennsylvania,
1"/0 I J .
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWVER'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.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, 4TH nOOR
ONE COURTHOUSE SQUARE
CARLISLE, PA 1701)-))87
(717) 240-6200
DAVID W. GIRHART, JR. I IN THI COURT or COKMON PLD'
plaintiff I CUMBBRLAND COUNTY, PA
I
V. I NO.
I
.INDY L. GBRHART, I
Derendant I CIVIL ACTION - DIVORcm
~
TO THI WITHIN NAMID DlrBNDANT:
You have been named as the Defendant in a divorce proceeding
filed in the Court of Common Pleas of Cumberland county. This notice
is to advise you that in accordance with section 3302(d) of the
Divorce Code, you may request that the Court require you and your
spoune to attend marriage counseling prior to a Divorce Decree being
handed down by the Court. A list of professional marriage counselors
is available at the Domestic Relations Office, Cumberland County
Courthouse, carlisle, Pennsylvania. You are advised that this list is
kept as a convenience to you and you are not bound to choose a
counselor from the list. All necessary arrangements and the cost of
counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request
for counseling within twenty (20) days of the date on which you
receive this notice. Failure to do so will constitute a waiver of
your right to request counseling.
Prothonotary
.a!"~ I 4.'.11\ II~lt..IJI~(UI.t'I."t'MI'1 ^IN'r,Nt"\'II~1 I. IWoI
DAVID .. caIRHART, JR. . IN TH. COURT or COKKON PLIAI
plaintiff . CUNBlaLAND COUNTY, PA
. -r ..u-.-.
V. . NO. q'l- ~.H1 Ct.VJ
I
WINDY L. GIRHART, I
Defendant I CIVIL ACTION - DIVOaCI
TO TH! HONORABLB, THE JUDGES or SAID COURT:
AND NOW, comes Plaintiff, DAVID W. GIRHART, JR., by his
attorneys, SMIGIL, ANDIRSON . SACKS, and represents as tollows:
COUNT I
DIVORCE UNDla SICTION 3301101 OR 33011dl
OF THE DIVORCE CODI
1, Plaintiff is David W. Gerhart, Jr., who currently resides at
303 S. 32nd street, Camp Hill, Cumberland County, Pennsylvania and has
resided there in excess of six (6) months.
2. Defendant is Wendy L. Gerhart, whose present address is
currently unknown, but her last known address was 303 S. 32nd Street,
C~mp Hill, Cumberland county, Pennsylvania.
3. Both Plaintiff and Defendant have been bona fide residents in
the Commonwealth for at least six (6) months immediately previous to
the filing of this Complaint.
4. The Plaintiff and Defendant were married on June 20, 1992, at
Coudersport, Pennsylvania.
5. There have been no prior actions of divorce or for annulment
between the parties.
6. The marriage is irretrievably broken.
7, Plaintiff has been advised that counseling is available and
that Plaintiff may have the right to request that the Court require
the parties to participate in counseling.
WHIlRIlJ'ORIl, Plaintiff requests the Court to enter a Decree ot
Divorce.
Respectfully submitted,
SMIGEL, ANDERSON & SACKS
Date:
II' 19</
BY:
GAR
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291 orth Front street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for plaintiff
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DAVID .. GlaBUT, JR., I I. THI COUlT or CONNO. 'L1A8
naiDUff I CUKlIRLAKD COUN'l'Y, 'A
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V. I .0. .4-.357 CIVIL TlaN
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.IIIDY L. GIlUlUT, I
Defendant I CIVIL AC'l'JOII - DIVORCI
I, OARY L. KILLBY, .squire, attorney for Plaintiff in the
above-captioned matter, do hereby certify that I served a true and
correct copy of Complaint Under section 3301(c) or 3301(d) ot the
Divorce Code on .INDY L. OIRHART by hand delivering same on the 16th
day ot November, 1994, addressed as follows:
.BIIDY L. G.RBART
5405 Jon.stoVD Road
.arrisburq, 'A 17110
SMIGEL, ANDERSON & SACKS
By:
Attorney for Plaintiff
""UUIL. .\N08'UIOl'J . H"('...
2t11 NOIlTH '''ONT STIIUT, HA""ISIU"O. IOINNSYWANIA 11110.1223
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DAVI!';) W. GIIUlUT, n., t I. TBI COURT O' CONNO. 'L'"
Plailltiff t CUNlIRLaxD COUMTY, 'A
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V. t MO. .4-1357 CIVIL TIRH
t
WIIIDY L. GIIUlUT, t
DefeneS.llt t CIVIL ACTIO. - DIVORCI
ADlDAm
AIfD MOW, comes GARY L. KILLIY, ISQUIRI and .wears to the
following:
1. My name i. Gary L. Kelley,
a. My offices are located at 2917 North Front street,
Harrisburg, Pennsylvania 17110.
3. I perllonally served Wendy L. Gerhart, Defendant, who
identified herself to me with a certified copy of a Divorce Complaint
Under Section 3301(C) or 3301(d) of the Divorce Code filed to the docket
number above on Wednesday, November 16, 1994 at 2:35 p.rn, at her place
of business at 5405 Jonestown Road,
Pennsylvania.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
On this, the .l('~ d~y of November, 1994, before me a Notary
PUblic, in and for the Commonwealth of Pennsylvania, the undersigned
officer personally appeared aARY L. .ILLIY, ISQUIal, known to me to be
the person whose name is subscribed to the within instrument an~
acknowledged that he executed the same for the purpo.e. therein
contained.
55.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal.
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Notar~'
My Commissi
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IN THI COURT 01' COMMON PLEAS OF
CIVIL DIVISION
COUN'l'Y. PINJlflYLVANIA
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Plaintiff , 04 &351
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, IN DIVORCI
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Defendant I
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff I~fenda~in the
above matter, having been granted a Final Decree in Divorce on the
~l.}_ day of --&.brUQ "-'f ' 19 .,."., hereby elects to resume the
prior aurname of \}j {"nd 't L. \-OU s l: , and gives
this written notice pursuant to the provisions of 54 P.S. S 704.
. DATE'
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Silplature
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Sicplatu of name being resumed
COJOIONWEALTH OF PENNSYLVANIA,
COUNTY or . F61:b.r : SS.
On the ..:2/r'fh day of , 19</( , before me, a
Notary PubliC, per.onally appear the above affiant known to me to
be the per. on who.e name i. au .cribed to the within document and
acknowledged that ........he executed the foregoing for the purpose
therein contained.
In Witne.. Whereof, I have hereunto set my hand and official
aeal.
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