HomeMy WebLinkAbout95-05164
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$ IN THE COURT OF COMMON PLEAS ·
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! AND NOW, .. .~,!. J1..".. ..", 19 q:f?.., It Is ordered and ~
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~ are divorced from the bonds of matrimony. The Marital Settlement Agreement:
". dated March 5. 1996. is incorporated herein. but not merged. :.'
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. The court retains jurisdiction of the following claims which have ~
S been raised of record In this action for which a final order has not yet ~
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DAGBR , ADLBR, PC
BY. DBBRA A. DBNISON, ESQUIRE
Attorney I.D. No. 66378
2331 Market street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for plaintiff
plaintiff
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IN THE COURT OF COMMON PLEAS \
: CUMBERLAND COUNTY, PENNSYLVANIA I
; NO. qs - Silt If 6.t~l lRA/n-v
M. CHRISTINE KELLY,
v.
ANTHONY J. KELLY,
CIVIL ACTION - LAW
Defendant
.
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DIVORCE
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 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 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 the Prothonotary, cumberland county courthouse, 1
courthouse square, 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 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 Lawyer Referral service
court Administrator
South Hanover street
CarliSle, PA 17043
(717) 240-6200
.... ....
NOTICIA
Le han demandado a usted en 1a corte. Si usted quiere
detenderse de estas demandas expuestas en 1as paginas siquientes,
usted tiene viente (20) dias de p1azo a1 partir de 1a fecha de 1a
demanda y 1a notiticacion. Usted debe presentar una apariencia
escrita 0 en persona 0 par abogado y archivar en 1a corte en forma
escrita sus defensas 0 sus objeciones a 1aa demandas en contra de
su persona. Sea avisado que si usted no se defiende, 1a corte
tomara medidas y puede entrar una orden contra usted sin previa
aviso 0 notificacion y por cua1quier queja 0 a1ivio que eD pedido
en 1a peticion de demanda. Usted puede perder dinero 0 sus
propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO 1MMED1ATAMENTE. S1 NO
T1ENE ABOGADO 0 S1 NO T1ENE EL D1NERO SUF1C1ENTE DE PAGAR
TAL SERV1C10N, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA
OF1C1NA CUYA D1RECC10N SE ENCUENTRA ESCR1TA ABAJO PARA
AVER1GUAR DON DE SE PUEDE CONSEGU1R AS1STENC1A LEGAL.
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RBAGBR , ADLER, PC
BY' DBBRA A. DBNISON, BSQUIRB
Attorney 1.0. No. 66378
2331 Market street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Plaintiff
M. CHRISTINE KELLY,
Plaintiff
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO.
v.
ANTHONY J. KELLY,
CIVIL ACTION - LAW
Defendant
DIVORCE
COMPLAINT IN DIVORCB
UNDBR SBCTION 3301(CI OR (DI OP THB DIVORCB CODB
1. Plaintiff is M. Christine Kelly who currently resides at
871 Old Silver Spring Road, Mechanicsburg, Cumberland County,
Pennsylvania, 17055.
2. Defendant is Anthony J. Kelly who currently resides at 4
Buttonwood Court, Mechanicsburg, Cumberland County, Pennsylvania,
17055.
3. 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.
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4. The plaintiff and Defendant were married on May 10, 1980
in Harrisburq, Dauphin county, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. Neither plaintiff nor Defendant is in the military or
naval service of the United states or its allies within the
provisions of the Soldiers' & Sailors' civil Relief Act of the
conqress of 1940 and its amendments.
7. Plaintiff avers that there is one (1) child of this
marriaqe, namely Matthew Anthony Kelly whose date of birth is April
13, 1981.
8. The marriaqe is irretrievably broken.
9. plaintiff has been advised that counselinq is available
and that Defendant may have the riqht to request that the court
require the parties to participate in counsel inq. Plaintiff
declines counselinq.
10. After ninety (90) days have elapsed from the date of the
filinq of this complaint, Plaintiff intends to file an Affidavit
2
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I verify that the statements made in this affidavit are true
and correct. I understand that false statements herein are made
subjeot to the penalties of 18 Pa.C.s. S 4904 relatinq to unsworn
falsification to authorities.
Dated: 3 . ..) c.l . (/(r
7JJ. {}d~.,vJ../ ~e'~
M. Christine Ke~y
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UAGBR . aDLIIR, PC
BY: DBBRA A. DIHI80H, 18QUIRI
Attorney 1.0. No. 66378
2331 Market street
camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys tor plaintiff
M. CHRISTINE KELLY,
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-5164
plaintiff
v.
ANTHONY J. KELLY,
CIVIL ACTION - LAW
Defendant
DIVORCE
DIVBR OJ' NOTICI! OJ' IHTI!HTION TO RIIOUIIST
IIHTRY OJ' ~ DIVORCII DBCRIIS
UHDI!R SBCTION 3301(C' OJ' THB DIVORCII COOS
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
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subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn
falsification to authorities.
-wi /i/l' /- ~/Jd
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H. Christin Kafly
Dated: 3 -;) :;- fi(;;
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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. S 4904 relating to unsworn
falsification to authorities.
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Antiilm'1(J J. Kell
Dated: ]-)"-fh
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RBAGIR , ADLlR, PC
BY' DIBRA A. DINISON, ISQUIRE
Attorney 1.0. No. 66378
2331 Market street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for plaintiff
M. CHRISTINE KELLY,
I IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
Plaintiff
NO. 95-5164
CIVIL ACTION - LAW
DIVORCE
v.
ANTHONY J. KELLY,
Defendant
WAIVER OP NOTICB OP INTBNTION TO RBOUEST
ENTRY OP A DIVORCB DBCREE
UNDBR SECTION 3301(CI OP 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 falee statements herein are made
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BHIBIT A
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this :'~ day of March, 1996, by and
between H. CHRISTINE KBLLY of 871 Old Silver spring Road,
Mechanicsburg, Cumberland County, Pennsylvania, 17055 (hereinafter
"WIFE") and ANTHONY J. ItELLY of 4 Buttonwood Court, Mechanicsburg,
Cumberland County, pennsylvania, 17055 (hereinafter "HUSBAND")/
WIT N B S S B T HI
WHEREAS, the parties hereto were married on May 10, 1980 at
Harrisburg, Dauphin County, Pennsylvania/ and
WHEREAS, one (1) child was born of this marriage, namely
MATTHEW ANTHONY ItELLY, born on April 13, 1981/ and
WHEREAS, diverse unhappy differences, disputes and
difficulties have arisen between the said parties and it is
therefore their intention to live separate and apart for the rest
of their lives and to settle fully and finally their financial and
property rights and obligations between each other.
NOW, THEREFORE, the parties hereto, intending to be legally
bound hereby, agree as follows:
1. ADVICE OF COUNSEL
Both parties acknowledge that they have been afforded the
opportunity to consult with an attorney of their choice prior to
signing this Agreement. WIFE is represented by Debra A. Denison,
Esquire. HUSBAND is unrepresented. HUSBAND is cognizant of his
right to legal representation and declares that it is his express
vOluntary and knowing intention not to avail himself of his right
to counsel and chooses instead to represent himself with respect to
the preparation and exocution of this Agreement.
The parties further declare that each is executing the
Agreement freely and voluntarily having either obtained sufficient
knowledge and disclosure of their respective legal rights and
obligations or, if counsel has not been consulted, expressly
waiving the right to obtain such knowledge. The parties each
acknowledge that this Agreement is fair and equitable and is not
the result of any fraud, coercion, duress, undue influence or
collusion.
2. SUBSEOUENT DIVORCE
An action seeking the dissolution of the marriage is pending
in the Cumberland county Court of Common Pleas and bears docket
number 95-5164. The parties hereby agree to execute Affidavits of
Consent for divorce and Waivers of Notice of Intention to Request
Entry of a Divorce Decree concurrently with the execution of this
Agreement. This Agreement is to be incorporated, but not merged
with the divorce decree.
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3. SEPARATION AND NONINTERFERENCE
It will be lawful for each party at all times hereafter to
live separate and apart from the other party at such place or
places as he or she may from time to time choose or deem fit.
Each party shall be free from interference, authority and
control, direct or indirect, by the other, as fully as if he or she
were single and unmarried. Neither shall bother the other or
compel or endeavor to compel the other to cohabit or dwell with him
or her.
4. EFFECTIVF. nATF.
This Agreement shall be effective on the date above first
written if both parties sign on the same date; otherwise, it shall
become effective upon the signing by the last party to do so.
5. WARRANTY OF DISCLOSURE
Each party hereby confirms that he or she fully understands
the terms, conditions and provisions hereof and believes same to be
fair, just, adequate and reasonable under the existing facts and
circumstances. The parties further declare that each is executing
the Agreement freely and voluntarily, having either obtained
sufficient knowledge and disclosure of their respective legal
rights and obligations or, if counsel has not been consulted,
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expressly waiving the right to ohtain such knowledge. The parties
each acknowledge that this Agreement is fair and equitable and is
not the result of any fraud, coercion, duress, undue influence or
oollusion.
6. PERSONAl, PROPERTY
WIFE and HUSBAND have previouslY agreed to the distribution of
all items of personal property. WIFE agrees that all suoh property
in the ~ossession of HUSBAND shall be the sole and separate
property of HUSBAND. HUSBAND agrees that all suoh property in
possession of WIFE shall be the sole and separate prop~rty of WIFE.
Each of the parties does hereby speoifically waive, release and
renounce any further olaims with respect to said items.
HUSBAND and WIFE acknowledge that they own two vehioles whioh
are marital property. WIFE agrees to transfer all interest in the
1993 Ford Explorer to HUSBAND. HUSBAND agrees to assume all
responsibilities for any and all loans assooiated with the vehiole
and indemnify and hold WIFE harmless from such obligations.
HUSBAND agrees to transfer all interest in the 1991 Linooln
continental to WIFE. WIFE agrees to assume all responsibilities
for any and all loans associated with the vehicle and indemnify and
hold WIFE harmless from suoh obligations.
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7. REAL PROPERTY
WIFE and HUSBAND hereby acknowledge that they own a home
located at 4 Buttonwood court, Hechanicsburg, pennsylvania, 17055.
The parties acknowledge that this is marital property and have
agreed on a value of $190,000.00. A mortgage currently exists
against the home in the amount of approximatelY $126,000.00.
HUSBAND hereby agrees to refinance the remaining balance on the
mortgage. Upon the finalization of the refinancing and receipt of
the cash payment outlined in paragraph 11, WIFE shall transfer her
interest in the home to HUSBAND.
until the completion of the refinancing, HUSBAND shall assume
all obligations for the property, including but not limited to, any
and all mortgage obligations, taxes, insurance, utilities,
maintenance and upkeep. HUSBAND hereby specifically agrees to
indemnify and hold WIFE harmless with respect to any of these
related obligations pertaining to the subject property.
8. PENSION AND RETIREMENT FUNDS
WIFE has a 401k plan with Pennsylvania BlueShield with a value
of $33,067.72. HUSBAND has a 401k with pennsylvania BlueShield
with a value of $24,310.72. WIFE has an individual retirement
account with Herrill Lynch with a value of $124.66, and a separate
IRA valued at $6,620.00. HUSBAND has an IRA with Herrill Lynch
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with a value of $8,562.87 and an IRA with Putnam with a value of
$4,326.67.
WIFE
BlueShield.
$13,025.66.
$36,1l8.20.
and HUSBAND also have pensions with pennsylvania
HUSBAND has a pension with an approximate value of
WIFE has a pension with an approximate value of
WIFE and HUSBAND are both cognizant of their right to have the
above retirement accounts formally appraised and specifically waive
such right. WIFE and HUSBAND hereby waive any and all interest in
each other's retirement accounts.
9. CHECKING ACCOUNTS. SAVINGS ACCOUNTS. SAVINGS BONDS AND
INVESTMENTS
WIFE and HUSBAND hereby agree that all checking and savings
accounts have been divided equally upon agreement. WIFE and
HUSBAND hold a joint savings bond with a face value of $250.00. It
ia agreed that HUSBAND will waive all interest in the savings bond.
The parties acknowledge the existence of a mutual fund held
jointly between WIFE and Matthew Kelly currently valued at
approximately $12,000.00. The parties recognize that this fund
will fluctuate in either direction and agree that these funds will
be utilized for the benefit of Matthew's secondary education.
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The parties acknowledge the existence of a Harris savings
Certificate of Deposit and Mellon savings account held jointly
between HUSBAND and Matthew Kelly currently valued at approximately
$3,000.00. The parties agree that these funds will be utilized for
the benefit of Matthew's secondary education.
10. LIFE INStnRANCE
WIFE and HUSBAND own a life insurance policy with Western
Reserve Life Assurance company of ohio with a cash value of
$8,547.11. It is agreed that HUSBAND will waive all interest in
said life insurance policy and execute any and all documents
necessary to provide WIFE with the cash value from the policy.
11. CASH PAYMENT
Within one (1) month of the execution of this agreement,
HUSBAND hereby agrees to pay WIFE the sum of $11,419.00. This
payment may be made in cash or through a rollover of investment
plans. However, no more than $5,000.00 may be rolled over into
WIFE's investment accounts. WIFE shall receive this net amount and
will not be liable for any tax or early withdrawal penalties
associated with the rollover.
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12. CHILD SUPPORT
WIFE hereby agrees to pay child support in guideline amounts
of $547.00 per month. said payment a will occur outside the
Domestic Relations Office and be made directly to HUSBAND on a
monthly basis or as agreed upon by the parties. child support
payments are subject to modification under the Divorce Code of
Pennsylvania. Either party may petition the Domestic Relations
Office at any time to amend this order of support.
The parties agree to provide health insurance to their son as
long as he remains enrolled in a post-secondary education
institution. The cost of such coverage shall be distributed as the
parties agree.
13. CHILD CUSTODY
The parties hereby agree to shared legal custody of their son,
Matthew Anthony Kelly (hereinafter "the child"). All deoisions
affecting the child's growth and development, inclUding but not
limited to, medical and dental treatments, education (both
secondary and religious), and decisions relating to aCJtua1 or
potential litigation involving the child shall be considered major
decisions and shall be made by the parties jointly after
discussions and consultations with each other with the goal of
finding a policy that is in the best interest of the child.
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HUSBAND shall have primary physical custody of the child.
WIFE shall receive periods of partial physical custody as defined
below.
Every other weekend from Friday at 6:00 p.m. until
sunday at 6:00 p.m.
Two (2) overnight visits per week. The nights are
to be determined by the parties in consideration of work
or school schedules.
Holidays are to be alternated between the parties.
Holidays are defined as Thanksgiving, Chrietmas, New
Year's, Easter, Memorial Day, July 4th, and Labor Day.
Father's Day is to be with father. Mother's Day is to be
with Mother. Mother will have Christmas in 1995.
WIFE ehall have partial periods of custody during
the summer consisting of no less than one-half the
summer. These periods of custody shall be scheduled
every other week or per the parties agreement.
14. COr,r,RGE EDUCATION
The parties acknowledge the importance of a post-secondary
education for their son. Both parties agree to share in the
payment of secondary education costs, including tuition, room and
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board and books proportionate to the parties respective incomes or
as the parties agree.
15. SPOUSAl, SUPPORT. Al.IMONY PENDENTE LITE. AND ALIMONY
WIFE and HUSBAND do hereby waive, release, discharge and give
up any rights which either may have against the other to receive
spoueal support or alimony pendente lite.
WIFE hereby agrees to pay HUSBAND $286.00 a month alimony
beginning the first month after the divorce decree is issued. The
alimony payments set forth in this Agreement shall terminate upon
HUSBAND's remarriage or cohabitation, or on the second (2nd)
anniversary of the signing of this Agreement, whichever first
occurs. The amount and/or duration of alimony shall not be
modified upward or downward for any reason and the parties hereby
release any ri~:..;,.s they may have to seek modification with respect
to the provisions of this paragraph.
16. TAX PROVISIONS
The parties agree to file a joint tax return in 1995 and agree
to file separately thereafter. Any refund or monies due from the
1995 tax return shall be divided equally.
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IN TH~: COURT OF COMMON PLEAS m' CUMOERI.AND COUNTY. PENNSYI.YANIA
CIVIL ACTION - I.AW
~HRIS:r_I_l!E_JtI!L.~Y.--
Plaintiff :
File No. 9):::'>164
IN DIVORCE
vs.
-"NTHONL.tJ-KELU
Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/~>>~t in the
above matter, having been granted a Final Decree in Divorce on the
IBTHday of APRIL ' 19_~' hereby elects to resume the
prior surname of MARY CHRISTINE YOST ' and gives
this written notice pursuant to the provisions of 54 P.S. S 704.
DATE: 4-1r~
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signatu e
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Signature of name being resumed
COMMONWEALTH OF PENNSYLVANIA:
: SSe
COUNTY OF CUMBERLAND
On the "F'~' day of r(lt'f . 19 '1" , before me. a
Notary Public. personallY appeared 'the above affiant known to me to
be the person whose name is subscribed to the within document and
acknowledged that he/~he executed the foregoing for the purpose
therein contained. ~-
seal.
In witness Whereof, I have hereunto set my hand and official
It ''c'cL~::!~,_.J{~~"Lr.
~~ Notary p~lic
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