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HomeMy WebLinkAbout96-05098 \. ~ , ~ .. ;', ~ '. ~ I .,"'l: ',",' J' ~ \. ..f. , ~ ~ I I I I I 1 J , i I 1 I -=-: I .~ I .~ I , e. I ~I . (" \. ~ ---_._~------------->---------~ ~,'------------'----- -...---....,.--..-.- ..q- . -.....---.-------------,8 ~: !~ :i IN THE COURT OF COMMON PLEAS : ~i OF CUMBERLAND COUNTY 8 81 8 ,I ~ . ~j ~ 81 STATE OF '......;..;r. PENNA. 8 Ml " 'I 1lI 8' 8 ~. RICHARD L. PEDZWATER " 'II. qt -:r01~(Wd f"'-llJ ., 8 8 ~I "'1>'" " , I ., ~) VICKIE L. PEDZWATER 8 ! 8' 8 .1 ~i, .. ~ I, 8; I 8. 8: 8; l!I, DECREE IN DIVORCE IlA~U1 19''1 Ib it is ordered and AND NOW. . .> 8' ~ 8 II N' . \ I iii : i ~l I ~! 81 Ii III I II! . \ 8; , x, Ii t . , ',,", decreed that... .R~C"i!rd L. Ped~water and. . ,. VicKi.e. l-.Ped~wil!:!l!r are divorced from the bonds 01 matrimony. , " plaintiff, . .. defendant, The court retains jurisdiction of the lallowing claims which have been raised 01 record in this action for which Q Iinal order has not yet been entered: The terms of the ~arrlagp Settl~.ent Aqre~Ment entered into v- Ie . "e. by the parties on are incorporated I!I<HQed. n. Th. enur' ~ 'Ul.L .'''..~I'. .~, I.....?\ q.,~ . .,I' J ,;:-.;~.......... tJJ.'6tl,.~ --__ " . ~,.~ ...- -, .../ "" -I,> ~',~ .r.. ,It,., . - y, "'.-....-4: I? .- ,..- rtntk(u'mt~f" -- ".,' .. . t . y. _ . ~ >> ._ . ~ -~ . ~ 8 8 8 8 .8 8 * '8 8 ~ ~ Ii ~ ~ s ~ ~ li .. !' ~ . entered into voluntarily, and this it is not the result of any duress or undue influence. Husband and Wife each represent and warrant to the other that he or she has made a full and cCJllplete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the sources and amount of the incane of such party of every type whatsoever, and to all other facts relating to the subject matter of this Agreement. 4. Eauitahle Distribution By this Agreement, the parties have intended to effect an equitable distribution of their marital property. This distribution is not intended by the parties in any way a sale or exchange of assets. 5 . Subsequant Divorce This Agreement is not predicated on divorce, although it is the desire of the parties to be divorced. It is warranteed, covenanted and represented by Husband and Wife. each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specifiC purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly hereby waives any and all poSSible clatms that this AgrtHlllllH1t is, for any reason. illegal or for any reason whatsoever, unenforceable in whole or in part. Hulband and Wife each do hereby warrant. covenant and agree that, in any posSible event, he and she are and shall fOrev1lr be e.topped frea asserting ) any illegality or unenforceability as to all or any part of this Agreement. 6. Entrv as Part of Divorce Decree It is the intention of the parties that this Agreement shall survive any action for divorce which may and will be instituted by either party and no order, judgment, or decree of divorce, temporary, final or permanent, shall affect or modify the terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 7. MutUAl Cnnt::m1t: Deere€! The parties agree and acltowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A, Section 3301(c). 8. Division of PerBnnal prqperty Wife agrees that all of the property now in the possession of Husband shall be the sole and separate property of Husband; and that she specifically waives, releases, renounces, and forever abandons whatever clai1ll8, if any, she may have with respect to these items which 8hall become the 801e and separate property of Husband. Husband and Wife agree that all of the property now in the pos....ion of M1fe ahall remain in the pos.easion of Mife until . the sale of the marital home, at which time, the parties ~ill amicably agree upon any division or distribution of such property. 9. Division of Motor Vehicles Wife shall have sole title to and possession of the 1993 Toyota camry now in her possession. The title to said motor vehicle shall be executed, if appropriate, for effectutating transfer, on the date of execution of this Agreement or at any time thereafter at the request of either party. Husband shall have sole title to and possession of the 1992 Toyota Previa now in his possession. The title to said IIlOtor vehicle shall be executed, if appropriate, for effectutating transfer, on the date of execution of this Agreement or at any time thereafter at the request of either party. 10. DiviBion of PAnAinnB Wife shall keep and solely own and posses her "Thrift savings Plan" with Pinnacle Health Systems and any other penSion plan she may now, or in the future, have. Husband shall keep and solely own and possess his pension plan he now, or in the future. may have, in addition to any other supplemental pension or thrift savings plans. 11. Qiviaion ~f SaYi~. ~ftd C't\AQri~ ~.nu The joint saving. account now in existence at New CUR)Uland Federal Credit union lJhall bl8 owned and poss.ssed solely by Wife. Husband and WUe \It.ltually al}rM. that upon the date of execution 5 of this Agreement, Husband's name shall be removed from said account. Husband, however, shall continue to contribute to the account, the amount of Two Hundred and Twenty Dollars ($220.00) per month, representing the amount due for residential taxes and other household expenses, until such time the marital residence is sold and the monies therefrom realized. Each party shall own and possess the checking account now held in their respective names at New cumberland Federal Credit union. 12. R-.l ProD9rty The parties hereto intend and desire that the marital residence by sold. Until such time, Wife, shall be responsible for payment of the mortgage and tax, providing Husband continues to remit the sum of Two Hundred and Twenty Dollars ($220.00) per month, representing the amount due for residential taxes and other household expenses, until such time the marital residence is sold and the monies therefrom realized. Upon the realization of the monies from the sale of the marital residence, the parties shall each receive Fifty percent (SOl) of said monies realized after any costs associated ther_it.h are deducted. Each party ia responsible for paying any Capitol gains tax that may be owed as a result of the sale. {, .. 13. Hea.lrh Insurance Each party shall maintain and keep hiS/her awn health insurance and neither shall be responsible for any costs associated with the health of the other. 14. Warranty as to J;:xistinq Obligations Each party represents and warrants that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Bach party agrees to indemnify or hold the other party haI1llle8s fran and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by thEIII, including those for necessities, except for the obligations arising out of this Agreement. 15. llarrant:.y.. 1:.0 J\1t:.urA Obi icp.t.ionJI Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereinafter save haI1lll8lls and keep the other ind8lll\ified fran all debts, charges, and liabiliti.. incurre<1 by the other after the execution date of this Agn.lllnt, except as INlY be otherwise specifically provided for by the tel'1lW of this Agn.-nt and that neither of th_ shall hereafter inC\lr any liability wMuoever for which the e.tate of the other _y be liable. ., v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. rJ(;-5098 C;v.l T.:<:'IM IN DIVORCE RICHARD L. PEDZWATER, Plaintiff VICKIE L. PEDZWATER, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section Ixl 3301 leI ( I 330ltdl of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: ?~fS<"'ot~ ~.,,",(~ Cf -11-9 (., 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section HOI (C) of the Divorce Code: by plaint! ff I-I:( -ll1 ; by defendant t - 8Cj 7 (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: ; (2) date of service of the Plaintiff's affidavit upon the Defendant: 4. Related claias pending: No claims pendinQ. S. Date of execution of the Waiver of Notice of Intention to Request [ntry of a Divorce Decree: pla1nt~ff. ; defendant. /'fl'" , ./';' --I y' :c /1.1./ A (~/"'Z- ___ ~tehard t. ~IWd~r, Plaintlff r. RICHARD L. PEDZWATER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. . NO. q(p - 5i:'R <6 ('-.........~ '~\"'.'\ . VICKIE L. PEDZWATER, Defendant . IN DIVORCE . NOTICE TO DEFEND AND r.T~IM RIOHTS 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 di vorce is indigni ties 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANHtlUlENT IS GRANTED, YOU HAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE nlIs 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 Adainistrator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 ~ RICHARD L. PEDZWATER, IN THE COURT OF COMMON PLEAS plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. . . . NO. qlP -"jcIi a' . VICKIE L. PEDZWATER, . . Defendant . IN DIVORCE . NOTICE TO DEFEND AND CLAIM RIGHTS NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, 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 per abogado y archivar en la corte en foma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara JIIedidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y per cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos impertanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 r RIClfA/lC -' PED7.WATER, IN THE COURT OF COMMON PLEAS Pldintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. . . : NO. qlD SO<=l8' c: ~ \"'1"'\ VICKIE L. PEDZWATER, . ,~' . Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF 'l'HE DIVORCE CODE AND NOW comes the above Plaintiff, Richard L. Pedzwater, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Richard L. Pedzwater, is an adult individual who resides at 903eBossler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Defendant, Vickie L. Pedzwater, is an adult individual who resides at 216 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania 17011 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant vere IIIIlrried on IIove1llber 7, 1987 in Clovis, New Mexico. 5. ,1alatUf a\'ers that there are 00 cJaUdrea bon of thb arriaga. 6. The Plaintiff and Defendant are both cit1rens of the Unlted States of ~rica. 7. There have been no prior actions in divorce between the parties. 8. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 9. plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. 10. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The plaintiff and Defendant separated on December 1, 1995. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. By,. ... '.--;kt..,,14 -:z:~ ~chard L. ~~ 903 Bossler Avenue Lemoyne, PA 17043 ~ u. ~ ::0- <'I - 1t 1 ~ ('-' Q.. , - /~ u". C"'; . (i? c, .. ~ ~\ (~: ~ g a- t '- ~/ (~\: 00 () .} U) lti 2 .9 c<i I ^ ,.:, : . r- - :r - c1> <, J .... " ,. . -\ ~ ~ ~ 'll " 'J - ~ () . .. . RICHARD L. PEDZWATER, : IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW v. . . Ci.M Tu__ : NO.9" - 5098 VICKIE L. PEDZWATER, . . Defendant . IN DIVORCE . AFFIDAVIT OF SERVICE I, Richard L. Pedzwater, hereby certify that a true and correct copy of the Complaint in Divorce was served on the defendant by personal service at 216 Deerfield Road, Camp Hill, Pennsylvania, on "-Ii-q(, c:lEf1!:J!ie~ 903 Bossler Avenue Lemoyne, PA 17043 (717) 737-5545 Plaintiff, Pro Se ,- !n t: L: ~. (~; ,- ~:r G:' - , I.~. ~ : {~'- c: 4-1 ... i:~. ~. -' ..... L 'J 4, <.: L. '..""1 . G 4;-lI. , . . . .. . RICHARD L. PEDZWATER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. '1(r !j' Dc;.6 (-..iJ ~ rO'l"1 VICKIE L. PEDZWATER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 13, 1996. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. 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.A. Section 490: r}lating to unsworn falsification to authorities. , \~(11 '{ l //~ ~ Date: By: ~-' ... I.f) - ~ .:z '-: .... '" , . c' -'; ~;~; !J.'-- <<..:': ::: ~t " '.. . ~:::j <::> ~.~! -;i... -' ~- ';ta u.;' ~: ':.:. l:. r- , 0 C' :'J . . ., .... U') (' -= . c_ .. , '. t.u~. N (.Y ~," lC 'l.. ,;'J 'c. 9, ;::> ;-,-1 -:. ~ C: l..!..- <. -",; ., :J u,. . "'!- - . ,-: "'- r- . '..: 6';:'" CJ . .... '" ::- ~~ - CJ!.' N c, ii L1w cot , L._ C- ::1 L'. ~ , 0 oj) tr, . c' '-. L:: '- "J ---, , " - -~ ti_ r- :.1 (., C' . .. .. . . t,() - .. h.i:. c-.,.: . (.,. r:- ! ('-: --, y C. '::J Ll.;. "C'"! ~.;.. . . '.J ~. ~~ -,: r- t..' .:." , ~- c. 1 t~ ; '!' 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