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~ IN THE COURT OF COMMON PLEAS ~
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~ OF CUMBERLAND COUNTY ~
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~ STATE OF_, .' "PENNA. ~
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~,.,. N~~'~~U,~':l'H" 'uUH""uuu'uuU'''''H'' 1,1 N 5997 1995 S~",~",.
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: AND NOW, . . . . . . . F.4-.b.,.....1oI 1, . . .']. . '. 19, ~~. . " it is ordered and !
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~ decreed that ................. ~~.C!. .F.', .R!<.Y. , . . . . . . . ' . . . . . . . . . '. plaintiff, ~
~ and,..............,... ..~I:~.I?: .~'!~ .'!~:......,.,........... defendant, I
~ are divorced from the bonds of matrimony. The Marital Settlement Agreement ~
~ dated January II, 1996 is incorporated herein, but not merged. ~
~ 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; '.'
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this llth day of January, 1996, by and
between NANCY F. RAY of 45l Garden Drive, Mechanicsburg,
Pennsylvania, l7055 (hereinafter "WIFE") and ALLAN D. RAY, JR. of
674 Laurel Drive, Boiling Springs, Pennsylvania, l7007 (hereinafter
"HUSBAND") 1
WIT N E SSE T H:
WHEREAS, the parties hereto were married on June 5, 1971 in
Russellton, Allegheny County, Pennsylvania 1 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:
l. 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
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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 execution of this Agreement.
Each party acknowledges that this Agreement is being entered
into freely and voluntarily and that it is not the result of
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 95-5997. The parties hereby agree that the consents to this
divorce action will be executed no later than l20 days after the
filing of the divorce complaint.
3. EFFECTIVE DATE
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.
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4. 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,
expressly waiving the right to obtain such knowledge.
5. DEBTS AND OBLIGATIONS
WIFE represents and warrants to HUSBAND that since the
separation 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 she shall indemnify and save HUSBAND harmless
from any and all claims or demands made against him by reason of
such debts or obligations incurred by her since the date of said
separation, except as otherwise set forth herein.
HUSBAND represents and warrants to WIFE that, since the
separation 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 he shall indemnify and save WIFE harmless from any
and all claims or demands made against her by reason of such debts
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or obligations incurred by him since the date of said separation,
except as otherwise set forth herein.
WIFE and HUSBAND recognize that the only existing marital debt
is the mortgage, line of credit and car loans which have been
distributed in this agreement.
6. REAL PROPERTY
The parties hereto acknowledge and agree that the residence
located at 674 Laurel Drive, Boiling Springs, Pennsylvania, l7007
is marital property to be divided among the parties. WIFE hereby
agrees that HUSBAND will refinance the property and remove WIFE's
name from any and all encumbrances against the home. Said
encumbrances include a mortgage in the amount of approximately
$22,535.00. upon refinancing, WIFE hereby agrees to execute a deed
transferring her interest in the home to HUSBAND. HUSBAND agrees
to remove WIFE's name from the line of credit secured by the home
which has a current balance of O.
The home has been appraised at a value of $l53,000.00. In
consideration of the transfer of WIFE's interest in the home to
HUSBAND, HUSBAND agrees to pay WIFE the amount of $65,232.00 at the
~ of refinancing of the marital home. This transfer is pursuant
to a marital, separation and is intended to qualify for section
l04l(c) status as a tax free transfer.
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7. PERSONAL PROPERTY
The parties acknowledge that they have heretofore agreed upon
an equitable distribution of all items of personal property. It is
understood and agreed that each party shall retain his or her sole
and separate property free and clear of any claim of the other.
All those items of personalty which each now has in his or
possession and control, respectively, without the necessity of any
document for further assurance except as otherwise provided herein.
8. VEHICLES
WIFE owns a 1995 Honda Prelude which is encumbered by a
jointly held loan. WIFE hereby agrees to refinance the vehicle and
remove HUSBAND's Obligation. WIFE further agrees to indemnifY and
hold harmless HUSBAND for any obligation arising from this debt.
HUSBAND owns a 1995 Mazda Navagon which is encumbered by a
jointly held loan. HUSBAND hereby agrees to refinance the vehicle
and remove WIFE's obligation. HUSBAND further agrees to indemnify
and hold harmless WIFE for any obligation arising from this debt.
9. PENSION. RETIREMENT AND OTHER EMPLOYEE BENEFITS
WIFE and HUSBAND recognize that each holds civil Service
Retirement Funds and TSP funds which can be considered marital
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property. HUSBAND holds a retirement fund valued at approximately
$5l,848 and a TSP fund valued at approximately $28,639.38. WIFE
holds a retirement fund valued at approximately $47,739 and a TSP
fund valued at approximately $24,93l.l5. HUSBAND also holds an IRA
valued at approximately $l,395.98 with Equitable Life and two IRA's
with Members lst valued at approximately $8,924.38 and $4,669.5l.
WIFE holds two IRA's with Members lst Credit Union valued at
approximately $l3,789.00.
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.
lO. SPOUSAL SUPPORT AND ALIMONY
WIFE anq HUSBAND do hereby waive, release, discharge and give
up any rights which either may have against the other to receive
alimony or other post divorce maintenance or support. From the
execution date of this Agreement, it shall be the sole
responsibility of each party to sustain himself or herself without
seeking any support from the other.
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ll. TAX PROVISIONS
The parties agree to file a joint tax return in 1995 and agree
to file separately thereafter. Any refund from the 1995 tax return
shall be divided equally. The capital gains on the marital home
shall be divided equally between the parties. All transfers which
occur pursuant to this Marital Settlement Agreement are intended to
receive ~l04l status under the Internal Revenue Code.
l2. LIFE INSURANCE
WIFE and HUSBAND each hold life insurance Pblicies with
Equitable Life. HUSBAND's cash value is approximately $3,046 and
WIFE's cash value is approximately $650. WIFE and HUSBAND are
cognizant of their right to have the current value of the life
insurance appraised. WIFE and HUSBAND waive their right to a
formal valuation and to any and all interest in each other's life
insurance policies.
l3. ATTORNEY FEES. COURT COSTS
Each party herebY agrees to be solely responsible for his or
her own counsel fees, costs and expenses. Neither shall seek any
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contribution thereto from the other party except as otherwise
expressly provided herein.
14. ~
WIFE and HUSBAND own two cats: Jazbo, a siamese and Aretha,
a tabby. The parties have agreed to share ownership of the cats on
a bi-weekly schedule. All costs and expenses of ownership are to
be shared equally between the parties.
l5. MUTUAL RELEASE
HUSBAND and WIFE do hereby release each other from any other
claims with respect to the marital and non-marital assets of the
parties. Additionally, each party hereby releases any interest
that he or she may have in the estate of the other.
l6. MUTUAL COOPERATION
HUSBAND and WIFE shall mutually cooperate with each other in
order to carry through the terms of this Agreement, including but
not limited to, the signing of documents.
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l7. AGREEMENT BINDING ON HEIRS
This Agreement constitutes the final agreement of the parties
and is binding upon their heirs, assigns and successors in
interest.
18. VOID CLAUSES
If any term, condition, clause or provision of this Agreement
shall be determined or declared to be void or invalid in law or
otherwise, then only that term, condition, clause or provision
shall be stricken from this Agreement, and in all other respects
this Agreement shall be valid and continue in full force, effect
and operation.
19. APPLICABLE LAW
This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
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20. 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.
2l. BREACH OF AGREEMENT
HUSBAND and WIFE hereby agree that if either party breaches
any of the t~rms of this Agreement and a claim or further legal
action is required, the breaching party shall reimburse the other
all legal fees and costs incurred as a result of said breach or
claim.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals of the day first above written.
This Agreement is executed in duplicate, and in counterparts.
HUSBAND and WIFE acknowledge the receipt of a duly executed copy
hereofoL !fL-
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eJut-U-l J tio
Nancy F. :R'ay
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Allan D. Ray, Jr.
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IN WITNESS WHEREOF, I have hereunto set my hand and notarial
seal the day and year first above written.
~~
JcWMML J! ~tiu-
Notary Public
My Commission Expires:
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MyCCmmloslon ~Aug. ~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF &mher/o;?d
. i 'on the ~ day of /J/.,. - .~, 19~, before me, a Notary
Public in and for the commo~ 6f Pennsylvania, the undersigned
officer, personally appeared ALLAN D. RAY. JR., known to me (or
satisfactorily proven) to be one of the parties executing the
foregoing instrument, and he acknowledges the foregoing instrument
to be his free act and deed.
:SS.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial
seal the day and year first above written.
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otary Public
My Commission Expires:
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My co." ,1IsoIoo , ElIpiles Aug. 25. 19l17
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DAGBR " ADLER, PC
BYI DBBRA A. DBNJ:SON, ESQUJ:RB
Attorney 1.0. No. 66378
2331 Market street
Camp Hill, PA 17011
Telephone: (717) 763-l383
Attorneys for Plaintiff
NANCY F. RAY,
Plaintiff
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
v.
NO. 95-5997
.
.
ALLAN D. RAY, JR.,
CIVIL ACTION - LAW
.
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Defendant
:
DIVORCE
PRABCJ:PB TO TRANSMJ:T RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information,
to the court for entry of an appropriate divorce decree:
1. Ground for divorce: Irretrievable breakdown UDder
section 3301(0) or the Divorce Code.
2. Date and manner of service of complaint: The complaint
was riled on Ootober 19, 1995 and vas served on Allan D. Ray, Jr.
on october 28, 1996 by oertiried mail.
3. Date of execution of the affidavit of consent required by
Section 330l(c) of the Divorce Code: by plaiDtirf JaDuary 30, 1996;
by Derendant January 27, 1996.
4. Related Economic Claims pending: There are DO ecoDomic
claims pending as the distribution of all personal and real
property has been settled by agreement or the parties.
Respectfully submitted,
DAGER " ADLER, PC
Datel January 31, 1996
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RBAGBR (0 ADLBR, PC
BY: DEBRA A. DElf:ISON, ESQU:IRB
Attorney 1.0. No. 66378
2331 Market street
Camp Hill, PA l7011
Telephone: (7l7) 763-1383
Attorneys for Plaintiff
NANCY F. RAY,
IN THE COURT OF COMMON PLEAS
: CUMBERlAND COUNTY, PENNSYLVANIA
Plaintiff
:
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NO. 95 - 5997 ~
7€. V'l
CIVIL ACTION - LAW
ALLAN D. RAY, JR.,
Defendant
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 I 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
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NO'1'J:CJ:A
Le han demandado a usted en la corte. si usted quiere
defenderse de estas demandas expuestas en las paginas siquientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en la corte en forma
escrita sus defensas 0 sus objeciones alas demandas en contra de
su persona. Sea avisado que si usted no se defiende, la corte
tomara medidas y puede entrar una orden contra usted sin previo
aviso 0 notificacion y por cualquier queja 0 alivio que es pedido
en la 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 DONDE SE PUEDE CONSEGU1R AS1STENC1A LEGAL.
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RBAGBR r. ADLBR, PC
BY: DBBRA A. DBNJ:SON, BSQUJ:RB
Attorney I.D. No. 66378
233l Market street '
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Plaintiff
NANCY F. RAY,
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
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v.
:
NO.
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ALLAN D. RAY, JR.,
CJ:VJ:L ACTJ:ON - LAW
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Defendant
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DIVORCE
COMPLAJ:NT J:N DJ:'\fORCB
UNDER SBCTJ:ON 33011C) OR ID) OF THB DJ:VORCE CODB
1. Plaintiff is Nancy F. Ray who currently resides at 451
Garden Drive, Mechanicsburg, Cumberland County, Pennsylvania,
17055.
2. Defendant is Allan D. Ray, Jr., who currently resides at
674 Laurel Drive, Boiling Springs, Cumberland County, Pennsylvania,
17007.
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 June 5, 1971
in Russellton, Allegheny 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
Congress of 1940 and its amendments.
7. Plaintiff avers that no children were born of this
marriage.
8. The marriage is irretrievably broken.
9. Plaintiff has been advised that counseling is available
and that Defendant may have the right to request that the court
require the parties to participate in counseling. Plaintiff
declines counseling.
10. After ninety (90) days have elapsed from the date of the
filing of this Complaint, Plaintiff intends to file an Affidavit
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consenting to a divorce.
Plaintiff believes that Defendant may
also file such an affidavit.
WHEREFORE, Plaintiff respectfully requests the Court to enter
a decree of divorce pursuant to section 330l (c) or (d) of the
Divorce Code.
COURT :I:
BOU:l:TABLB D:l:STR:l:BUT:l:OR
ll. Paragraphs one (1) through ten (lO) of this Complaint are
incorporated herein by reference.
12. Plaintiff and Defendant have acquired property, both real
and personal, during their marriage.
WHEREFORE, Plaintiff respectfully requests this Honorable
Court to equitably divide all marital property and debt.
Respectfully submitted,
RBAGER " ADLER, PC
Date: October 18, 1995
By'~~ .
, A. R OR, BSQU:l:RB
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VERIFICATION
I, Nancy Ray, verify that the statements made in this
Complaint are true and correct. I understand that false statements
herein are made subject to the penalties of l8 Pa.C.S. Section
4904, relating to unsworn falsification to authorities.
aL-~c1~!!u
Date:
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RBAGBR , ADLBR. PC
BY: DBBRA A. DBNXSON. BSQUXRB
Attorney 1.0. No. 66378
2331 Market street
Camp Hill, PA 17011
Telephone: (7l7) 763-1383
Attorneys for Plaintiff
NANCY F. RAY,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
.
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NO. /Qcr5 - () 5997
v.
.
.
ALLAN D. RAY, JR.,
CIVIL ACTION - LAW
.
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Defendant
DIVORCE
AFFXDAVIT OF SBRVICB
I, Debra A. Denison, Esquire, being duly sworn according to
law, depose and state that service of the Complaint in Divorce in
the above-captioned matter was served by certified mail, restricted
delivery, on the Defendant, Allan D. Ray, Jr., on October 28, 1995.
The certified receipt is attached hereto as Exhibit "A".
Respectfully submitted,
RBAGBR , ADLBR. PC
Date:
NovemJ:ler 1. 1995
By:
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BSQUXRB
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~ Receipt for
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No Insurance Coverage Provided
~~~~~s 00 not use for International Mail
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MR ALLAN 0 RAY JR
674 LAUREL DRIVE
BOILING SPRINGS PA l7007
L:" 1$ 0.55
CertifiedFeo
1.10
Special Delivery Fee
Restricted OeIiv'llryFee
2.75
Return Receipt Showing 1.10
to Whom and Dale Delivered
Return Receipt Showing to Whom,
Date, and Addressee's Address
TOTAL Postage $ 5.50
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10/20/95
Z 847 430 043
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RBAGBIt Ii ADUlt, PC
BY: DBBRA A. DBNXSON, BSQt1XRB
Attorney I.D. No. 66378
2331 Market street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Plaintiff
NANCY F. RAY,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
.
.
v.
:
NO. 95-5997
ALLAN D. RAY, JR.,
:
CIVIL ACTION - LAW
.
.
Defendant
DIVORCE
AFJ!'XDAVZT OJ!' CONSBIIT
1. A Complaint in divorce under section 3301 (c) of the
Divorce Code was filed on October 19, 1995.
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 after
service of notice of intention to request entry of the decree.
4. 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.
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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.
~o'w
Allan D. ay, Jr.
Dated: f 1"1~
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RBAGER r. ADLBR, PC
BY: DEBRA A. DBII:ISON, ESQU:IRB
Attorney 1.0. No. 66378
2331 Market street
camp Hill, PA 170ll
Telephone: (717) 763-1383
Attorneys for Plaintiff
NANCY F. RAY,
Plaintiff
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v.
.
.
:
NO. 95-5997
ALLAN D. RAY, JR.,
CIVIL ACTION - LAW
.
.
Defendant
:
DIVORCE
AFF:IDAV:IT OF CONSBNT
1. A Complaint in divorce under section 330l(c) of the
Divorce Code was filed on October 19, 1995.
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 after
service of notice of intention to request entry of the decree.
4. 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.
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RBAGBR " ADLBR, PC
BY: DBBRA A. DEIJJ:SON, ESQUI:RE
Attorney I:.D. No. 66378
2331 Market street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Plaintiff
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NANCY F. RAY,
.
.
v.
:
NO. 95-5997
.
.
ALLAN D. RAY, JR.,
CIVIL ACTION - LAW
Defendant
.
.
.
.
DIVORCE
WAIVER OF NOTI:CE OF I:NTENTI:ON TO REOUEST
ENTRY OF A DI:VORCE DECREE
UNDER SECTI:ON 3301(C) OF THE DI:VORCE 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 ! 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.
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RBAGBR r. ADLBR, PC
BY: DBBRA A. DBNJ:saN, BSQOJ:RE
Attorney J:.D. No. 66378
2331 Market street
Camp Hill, PA l7011
Telephone: (717) 763-1383
Attorneys for Plaintiff
NANCY F. RAY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
:
NO. 95-5997
:
ALLAN D. RAY, JR.,
:
CIVIL ACTION - LAW
:
Defendant
DIVORCE
WAJ:VER OF NOTJ:CB OF J:NTENTJ:ON Ta REOOEST
BNTRY OF A DJ:VORCB DBCREB
ONDBR SBCTION 33011C) OF THB DJ:VORCB CODB
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.
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