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'I BRET S. LAY,
'I Plaintiff
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II consideration of the mutual grants and waivE'rs contained herein,
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 9~6023
RITA M. LAY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AND NOW, this
INDBMNIFICATION
Z 7 f'3. day of
AGRBBMBNT
/111,
1997, in
and in contemplation of the grants and waivers contained in the
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" Divorce Decree of XXXXXXXXXXXXXXI' the parties hereto, intending to
be legally bound, agree to the following:
1. The first party in this matter is Bret S. Lay, an adult
individual, who currently residee at 70 South Hazel Street,
" Manheim, Pennsylvania 17453.
2. The second party in this matter is Rita M. Lay, an adult
,I individual, who currently residee at 49 Fox Hill Road,
Shippensburg, Pennsylvania 17257.
Ii 3. By this agreement, Bret S. Lay and Rita M. Lay agree to
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split the monthly payment of $321.00 to Consumer Crodit Couneeling
Service equally between them; each one to assume a monthly payment
of $161.50.
4. Bret S. Lay and Rita M. Lay further agree to indemnify and
hold harmless the other party, their heirs, succeseors, and aseigns
from all liability, costs, and expenses, including reasonable
attorneye' fees, in any way arising from the failure of the other
party to Make any payment or payments required under Paragraph 3.
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5. By this agreement, Bret S. Lay agrees to assume All
financial responsibility and make the full monthly payments on the
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parties' 1996 Dodge Neon until the lease expires.
To that end,
Bret S. Lay agrees to indemnify and hold Rita M. Lay harmless
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attorneys' fees, in any way arising from the failure of the other
party to make any payment or payments required under such lease.
6.
Bret S. Lay and Rita M. Lay further agree that each party
shall assume full responsibility for the full repayment of the
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entire balance of any student loans in their own names, and further
agree to indemnify and hold the other harmlees from all liability,
,I coets, and expenses, including reasonable attorneys' fees, in any
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_: way arising from the failure of the other party to make any payment
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~! or payments required under such etudent loans.
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7 . In the event a balance is determined to bo due and
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II Management relative to a rental property in which both parties
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previously resided, the parties agree to split the balance due
!' equally, and further agree to indemnify and hold the other harmless i
from all liability, costs, and expensee, including reaeonable
attorneys' fees, in any way arising from the failure of the other
party
payment or payments required under such balance.
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BRET S. LAY, .
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-6023 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
v.
RITA M. LAY,
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
3301(c) of the divorce code.
2. Date and manner of service of the complaint: SERVICE ON
THE DEFENDANT VIA U.S. CERTIFIED MAIL-RESTRICTED DELIVERY ON
DECEMBER 4, 1996.
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of consent required
under Section 330l(c) of the divorce code: by the plaintiff
MAY 6. 1997 ;
by the defendant APRIL 12. 1997
(b) (1) Date of execution of the plaintiff 0 e affidavit
required by Section 3301(d) of the divorce code
N/A
(2) Date of service of the plaintiff'e affidavit upon
the defendant N/A
4. Related claims pending
NONE
5. Indicate the manner of service the notice of intention to
file praecipe to transmit record, and attach a copy of said notice
under eection 201(d)(1)(i) of the Divorce Code
N/A
~4f~
MICHAEL A. SCHERER
Attorney for the Plaintiff
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m TIlE CXlJRT OF CXMOI PlEAS OF
aJMBERLAND CXXlNl'Y, PENNSYLVlINIA
00. 96- ,,' .J..j CML TERM
CML llCTICN-LAW
mO:t\lOOCE
BRET S. IJ\.y,
plaintiff
RI'm H. IJ\.Y,
Defendant
cnlPlAINl' UNDER SECl'ICNS 3301(c) AND
3301(D) OF TIlE D:t\lOOCE ~
1. Plaintiff ie Bret S. Lay, an adult individual who currently
reeides at 70 South Hazel Street, Manheim, Lancaeter County, Pennsylvania.
2. Defendant is Rita M. Lay, an adult individual who currently
resides at 49 Fox Hill Road, Shippensburg, CUntlerland County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents in the
CamDnwealth of Pennsylvania for at least six IlDntha imnediately previous to
the filing of this CaTplaint.
4. The Plaintiff and Defendant were lMITied on June 19, 1993 in
CUntlerland County, pennsylvania.
cnJNT I - DIVORCE
5. Plaintiff hereby incorporates by reference paragrapha 1
through 4 above.
6. There have been no prior actions of divorce or for annulment
between the parties as to their current lMITiage.
7. Neither Plaintiff nor Defendant ie in the Armed Forces of
the United States.
8. Plaintiff avers that the lMITiage between the parties is
irretrievably broken.
9. The Plaintiff has been advieed of the availability of
counseling and that he Il'aY have the right to request that the court require
the parties to participate in counseling.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to
enter a decree in divorce.
CIXJNT II - DIVISlOO 0.1':.. PROPERTY
10. Plaintiff hereby incorporates by reference paragraphs 1
through 9 above.
11. The parties have acquired parsonal property, including bank
accounts and other items of miscellaneous property during the course of their
marriage, sane of which is marital property.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to
enter a decree which effects an equitable distribution of marital property.
CXXlNT I II - aJS'TOD"f
12. Plaintiff hereby incorporates by reference all of the
avermente contained in paragraphe 1 through 11 of this Carplaint.
13. The parties have one child of their marriage, Jacob T. Lay,
born NoveIiler 17, 1994.
WHEREFORE, Plaintiff respectfully requests that this Honorable
Court enter a decree which effects the custody of the parties' minor child.
Reepectfully subnitted,
Date: /I9'Z3'%
l1Jwt(ard.-
Michael A. Scherer, Esquire
I.D. Jl61974
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249..6873
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-6023 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
9RET S. LAY,
Plaintiff
RITA M.LAY,
Defendant
PLAINTIFF'S AFFIDAVIT OF CONSENT
AID WAIVER OF NOTICE OF INTEHTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCB CODE
1. A complaint in divorce under Section 3301(C) of the
Divorce Code wae filed on November 1, 1996.
2. The marriage of the Plaintiff and Defendant is
irretrievably broken and ninety days have elapeed from the date
of the filing of the Complaint.
3. I coneent to the entry of a final decree in divorce
without notice.
4. I understand that I may loee rights concerning alimony,
division of property, lawyer's fees or expenees if I do not claim
them before a divorce is granted,
5. 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.
6. I have been advised of the availability of marriage
counseling and understand that I may request that the court
require counseling. I do not request that the court require
counseling.
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. Section 4904 relating to
unsworn falsification to authoritiee.
Date:
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BRET S. LAY, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY PENNSYLVANIA
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VB. I No. 96-6023
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RITA M. LAY, I CIVIL ACTION - LAW
Defendant I IN DIVORCE
DEFENDANT'S AFFIDAVIT OP CONSENT
UNDER SBCTION 33011el OP THE DIVORCE CODE
1.
A complaint in divorce under Section 3301 (e) of the
Divorce Code was filed on November l, 1996.
2. The marriage of the Plaintiff and the Defendant is
irretrievably broken and ninety days have elapsed from the date of
the 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 verify that the statements made in this affidavit are
true and correct. I understand that false statemsnts herein are
made subject to the penalties of 18 Pa. C.S. S 4904 rslating to
unsworn falsification to authorities.
DATE I ~
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Signature I ' ~f 'I
~ ita M: Jlay
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BREf S. LAY,
IN mE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PIaintilf
v..
CIVIL AcnON - LAW
NO. C)6.(X)23
RITA M LAY
IN OIVORCE
0efinIant
PETITION FOR CUSTODY
1. The pIaintilfis Bret S. Lay, an adult iOOividual residing at 70 South Hazel Street, Manheim.
Lancaster Coonly, pemsy1wnia.
2. The defuOOant is Rita M Lay, an adult individual residing at 49 Fox Hill Road, Shipper1!burg.
CunDerIard Coonly, pemsy1wnia.
3. PIaintilfseeks OJStody of the fuUo\ving child:
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Present residence
AH&
Jacob T. Lay
49 Fox Hill Road, ShippeosOOlg
The child was not born out of wedlock.
The child is present1y in the OJStody of Defendant, who resides at 49 Fox Hill Road, Shipper1!burg.
CunDerIard full1ly, pemsy1wnia.
During the past five years. the child has resided with the fullo\ving peoons at the fuUo\ving addresses:
PERSONS
RESIDENCES
DxrES
Bret S. Lay
RitaMLay
87 Morning Glory Lane, Manheim
birth-JuIy,l996
Bret S. Lay
Rita M Lay
RitaMLay
70 South Hazel Street, Manheim
July, 1996 -
October, 1996
49 Fox Hill Road, ShippeosOOlg
October, 1996 -
present
The natural mother of the child is Rita M. Lay. She is married to Bret Lay.
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'IN THE COURT OF COMMON PLEAS OF
ICUMBERLAND COUNTY, PENNSYLVANIA
I
ICIVIL ACTION - LAW
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INO, 96 - 6023
I IN CUSTODY
BRET S. LAY,
Plaintiff
RITA M. LAY,
Defendant
COURT ORDER
AND NOW, this 2. '-1 day of ~~ , 1997, upon
consideration ot ~tached Custody Conciliation Report, it is
ordered and directed as followSI
1. The Father Bret S. Lay and the Mother Rita M. Lay shall enjoy
shared legal custody of Jacob T. Lay, born November 17, 1994.
2. The Mother shall enjoy primary physical custody of the minor
child.
3. The Father shall enjoy periods of temporary physical custody
of the minor child as followsl
A. For two weekends per month from Friday after
Father's work until Sunday at 3:00 p.m.
B. One weekend per month from Friday after Father's
work until Saturday at 5:00 p.m.
C. At such other times as agreed by the parties.
4. The parties shall al ternate holidays including New Year's
Day, Memorial Day, July 4, Labor Day and Thanksgiving. The
time shall be from 9100 a.m. until 5:00 p.m. unless otherwise
agreed. The Mother shall have Memorial Day, 1997 with the
parties alternating thereafter.
5. The Christmas holiday shall be divided into two segments being
from Christmas Eve from 11 :00 a.m. until Christmas Day at
11100 a.m. and Christmas Day at 11:00 a.m. until December 26
at 11100 a.m. The parties shall alternate those two segments
with the Mother having the first segment of Christmas 1997.
6. The Easter holiday shall be split with the Mother having
custody of the child in the morning in order to attend church
services ~nd the Father having custody of the child from 1:00
p.m. through 6:00 p.m. on Easter Day unless agreed otherwise.
7. The Father shall always have custody on Father's Day and the
Mother shall always have custody on Mother's Day. This
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provision shall supersede any other provision in this order.
8. Tho non-custodial parent shall always enjoy at least three
hours to celebrate the child's birthday on the child's
birthday or on the day before or immediately after the child's
birthday.
9. The Father shall be afforded two weeks of temporary custody
during the summer months for purposes of vacation. The Father
shall notify the Mother by May 1 of each year as to the
anticipated two weeks. These two weeks may be taken
consecutively or in separate segments.
lO. The non-custodial parent shall always enjoy reasonable
telephone access with the child as appropriate.
11. The minor child shall not be in the company of Daniel or
Tamila Khreling except only for those limited circumstances
where there may be a family function and the Father is always
present with the minor child.
12. Neither party shall disparage the other parent to the minor
child or in any way alienate the affections of the minor child
towards the other parent. Furthermore, neither parent shall
permit their other family members to alienate the affections
of the minor child for the other parent.
13. This order is entered pursuant to an agresment reached by the
parties at a custody conciliation conference. The parties
shall reconvene for another conciliation on Friday, April 3,
1997 at 9:30 a.m. .J
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cc: Matthew Eshelman, Esquire (f~~.a.. (>>~ II ~'II?'1.
Michael Scherer, Esquire - ~," ..J. f.
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APR 0 8 1997 t1
BRET S. LAY,
Plaintiff
V
'IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
ICIVIL ACTION - LAW
I
:NOI 96 - 6023
I IN CUSTODY
RITA M. LAY,
Defendant
COURT ~
AND NOW, this 9 day of ~, 1997, upon
consideration of the attached Custoay C nc~liat~on Report, it is
ordered and directed as follows:
1. This Court's prior Order of January 24, 1997 shall remain in
effect subject to the modifications as set forth below.
2. Paragraph 3 of tIle pdor Order shall be modified and shall
read as follows:
The Father shall enjoy periods of temporary physical custody
with the minor child as follows:
A. On alternating weekends from Friday when the Father may
pick the child up at day care until Tuesday morning when
the Father shall deliver the child to day care.
B. On the weekends the Father does not have custody of the
child, he shall enjoy custody every Monday from when the
Father may pick the child up at day care until Tuesday
when the Father may deliver the child to day care.
C. At such other times as agreed by the parties with the
understanding that the custodial parent Mother shall be
reasonable and flexible with the Father and affording him
additional periods of temporary custody. At a minimum,
Father shall have this additional flex time with the
minor child on every Thursday evening from when the
Father picks the child up at day care until when the
Father returns the child tc the Mother's home at 8:00
P.M.
D. On those days when the Father has time off from work and
the child is in day care, Father may exercise temporary
custody with the child as long as he provides reasonable
notice to the Mother. It is also understood that Father
may return the child later to day care on his return of
custody if Father has time off from work.
3. Paragraph 9 is hereby clarified such that Father's Bummer
vacation shall either be in two consecutive weeks or in two
separate periods of seven days.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
'Br-e.-l S_:-1.-.A y' .
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Plaintiff .
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File No. ~n d,
vs. IN DIVORCE
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Defendant .
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NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/Defendant in the
above matter. having been granted a Final Decree in Divorce on the
~, day of :JC~u , 19~~, hereby elects to resume the
prior surname of -:J?rf-~ rn . f 1M! y~ , and gives
this written notice pursuant to the p~ovisions of 54 P.S. S 704.
DATE:~'7
COMMONWEALTH OF PENNSYLVANIA:
55.
COUNTY OF CUMBERLAND
On the ,'.1 tl day of ,1(<,. . 19 . before me, a
Notary Public. personally appealed the above affiant known to me to
be the person whose name is subscribed to the within document and
acknowledged that he/she executed the foregoing for the purpooe
therein contained.
In Witneso Whereof, I have hereunto oet my hand and official
seal.
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