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Home My WebLink About00-00134 ,~ ~-- ;.. - ;;. DONNA LYNN CLELAND, Plaintiff - : IN TIIE COURT Of: C.DMMQN PLEAS OF : C1JlI.1BERLAND COUNTY, PENNSYLVANIA vs. . - - - - - - - : NO. 2000-134 CIVIL TERM RAYMOND EUGENE CLELAND, JR, Defendant : PROTECTION FROM ABUSE Continuance, theriiatter scheduled for hearing on Wednesday, January 12, 2000, at 3:30 p.m. by this Court's Order of January 7, 2000, is hereby rescheduled for hearing on February 9, 2000, at 1 1:30 a.m. in Courtroom NO.3. The Temporary Protection From Abuse Order shall remain in effect for a period of one year frorh. the date it was entered, through January 7,2001, or until further Order of Court, whichever , . comes first. Certified eopies of this Order for Continuance shall be provided to the Hampden and East , I Pennsboro Township Police Departm<;nts by Plaintiff's attorney. , Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. ~ /-/3-00 R}{.s Keirsten W. Davidson, Attorney for ~efenciant . JOHNSON DUFFIE STEWART &.WEIDNER 301 Market Street, P.O.Bo~9 Lemoyne, PA 17043-0109:' (717) 761-4540 ~ I 1- ~ ;'".. ;:7 1 .- ~ . j-=.... '. ". . --.-;, ,-,~" F,LED-O'r8CE (feTriE PF01\~O\\jOlAf<< aD JMI \ 3 f\\H \; \ 4 CUMBERlh"-fO couwY PENNS'{LVI\NiA ,.. ~ ,.",., . ' '- ".. -- ~ ~ _. ; ,-------;------ -:~..... . " --- i~_~~~t ~~- - , ~ < " ; DONNA LYNN CLELAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2000-134 CIVIL TERM RAYMOND EUGENE CLELAND, JR., Defendant : PROTECTION EROMABUSE MOTIO~FOR CONTINUANCE Plaintiff, Donna Lynn Cleland, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the -- . grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on January 7, 2000, scheduling a hearing forJaD.1Jary 12,' 2000, at 3:30 p.rn: 2. The Cumberland County Sherifl's Department deputized the York County Sheriff's Department and deputies served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse on January 10, 2000, at 2: 10 p.m. at his place of employment, Interstate Truck Parts, 502 Industrial Road, Lewisberry, York County, Pennsylvania. 3. Defendant has retained Keirsten W. Davidson ofJohnson Duffie Stewart & Weidner to represent him in the matter. 4. The parties agree, by and through their respective counsel, that the hearing be rescheduled to afford them time to negotiate a settlement in the case. 5. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered, through January 7, 2001, or until further Order of Court, whichever comes first. <C . '< > 6. Certified copies of the Order for Continuance will be delivenldto the Hampden and East Pennsboro Township Police Departments by the attorney for Plaintiff. WHEREFORE, Plaintiffrequests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in efThct for a period of -one year from the date it was entered, through JllllUary 7, 2001,ur until further Order of Court, whichever comes first. / .. . .Respectfully sub~. ~ Attorney for tyaintiff .- - - - -.- LEGAL SERVICES, me: 8 IrvIDeRow Carlisle, P A 17013 (717) 243-9400 - .0- ~ - - - - -- . DONNA LYNN CLELAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYL VANIA . - ~ NO. 2000- I.~f CIVIL TERM : PROTECTION FROM ABUSE RAYMOND EUGENE CLELAND, JR., Defendant TEMPORARY PROTECTION FROM-ABUSE ORDER_ Defendant's Name: RAYMOND EUGENE CLELAND, JR. Defendant's Date of Birth: 11/Z6/1952 Defendant's Social Security Number: 170-44-7202 Name of Protected pell\: DONNA LYNN CLELAND AND NOW, this~ day of January, 2000, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 00. 1. Defendant shall not abuse, harass, stalk or threaten the above person in any place where she might be found. 00. 2. Defendant is evicted and excluded from the residence at 205 St. John's Church Road, Camp Hill, Cumberland County, Pennsylvania, and/or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. 00. 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any " location, including, but not limited, to any contact at Plaintiff's current residence, and any other residence she may, in the futu~ establish for herself, her place of employment, the farm where she boards her horse, and/or the school of her son, Craig Alan Thompson. Defendant is specifically ordered to stay away from the foUowing locations for the duration of ibis Order: Plaintiff's "lace of empIovment: '['f Himark (P A Blue ~,hieIdl 1800 Center St~ e~ Bill, Cumberland County, PA --"'" ~ .; . . Farm where Plaintiff boards her horse: Carriage House Farm 536 Old Quaker & Lewisberry Roads, Lewisberry, York County, PA School ofPlaintitT's son. Crail! Alan Thomason: East Pennsboro High Sch()ol 425 Shady Lane, Enola, Cumberland County, PA I:&> 4. Defendant shall not contact Plaintiff by telephone or by any other means. including through third persons. - - - -- o 5_ _ Pendllig the outcomeo{the final hearing 111 this ~~ter. plaIntiff is awarded temporary custody of the following minor ehild/ren: Until the final hearing, all contac( between Defendant and the child/ren shall be limited to the following: The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this Order. o 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office:. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. I:&> 7. The following additional relief is granted: The Cumberland County SheritT's Department shall attempt to make service at PlaintitT's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. " This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indica.tes risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. [g> 8. . A certjfied !:CQPy oftliis Order shall be provided to the police departments where Plaintiff resides, a~e employed, attend school, etc., and any other agency. s{lecified hereafter: Hamoden Townshio Police Deoartment: Plaintiff's residence at 205 S1. John's Church Road, Camp Hill East PennsborO Township Police Department: School of Plaintiff's son, Craig Alan Tbompson - East Pennsboro High and Plaintiff's place of employment - Himark (PA Blue Shield) Fairview Township Police Department (York Couuty): The farm where Plaintiff boards her horse [g> 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER. o ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TQJ)EFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S.~6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.~6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C.~~2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. .. . NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over Plaintifl's residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. \ Judge Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 DONNA LYNN CLELAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 2000- I 3' f CIVIL TERM : PROTECTION FROM ABUSE- RAYMOND EUGENE CLELAND, JR., Defendant PETITION FOR PROTECTION FROM ABUSE L Plaintiff is Donna Lynn Cleland. 2. The name of the person who seeks protection from abuse is Donna Lynn Cleland. 3. Plaintifl's address is 205 St. John's Church Road, Camp Hill, Cumberland County, Pennsylvania 17011. 4. Defendant's address is 205 St. John's Church Road, Camp Hill, Cumberland County, Pennsylvania 17011. Defendant's Social Security Number is 170-44-7202 Defendant's date of birth is 11/26/1952 Defendant is employed at: Interstate Truek Parts and 502 Industrial Road Lewisberry, P A (York County) Calore Exoress Co. Inc. Toodle Road Mechanicsburg, P A (Cumberland County) 5. Defendant is Plaintiffs husband. 6. Defendant has been involved in the following criminal court action: Plaintiff believes that DefendaQt has a prior criminal record including, but not limited to convictions for simple assault, and at least two DUI charges in York, and possibly Dauphin Counties. 7. The facts of the most recent incident of abuse are as follows: Approximate Date: Place: On or about January 2,2000 Carriage House Farm, Lewisberry, York County, Pennsylvania (where Plaintiff boards her horse) and 205 St. John's Church Road, Camp Hill, Cumberland County, Pennsylvania On or about January 2,2000, at approximately 4:30 p.m., Defendant went to the barn where Plaintiffworks and boards her horse, screamed at her and called her vile names causing her to fear for her safety and walk into the field to get away from him. Later the same evening, at approximately 9:30 p.m., Defendant returned home, followed Plaintiff throughout the house as she tried to get away from him, screamed at her, and called her vile names. When Plaintiff grabbed the telephone, Defendant ran toward her, screamed at her and reached toward her trying to grab her. Fearing for her safety, Plaintiff ran from Defendant and telephoned 911 on the portable telephone. After the Hampden Township Police responded and left, Defendant threatened Plaintiff saying, "Now you really did it; You're gonna get what's coming to you when you least expect it. See, the police can't do anything to me, you stupid fucking bitch." 8. Defendant has committed the following prior acts of abuse against Plaintiff: a) In or about early December 1999, Defendant went into the bathroom where Plaintiff was, grabbed her by the neck with both his hands, choked her, and repeatedly slammed her head against the wall, screamed that he hated her fucking guts, and threatened to kill her. Plaintiff sustained soreness and swelling about her head as a result of this incident. b) In or about August 1999, Defendant grabbed Plaintiff's then 17-year-old son, Craig, who has juvenile diabetes, by his neck with both hands, dragged him from room to room throughout the house, and slammed the boy against doors and walls, until Plaintiff intervened. Defendant, while still holding Craig by the neck with one hand, grabbed Plaintiff by the neek with his other hand, shoved them both backward down the hall, and slammed Craig against the closet door at the end of the hall. Craig got away from Defendant, but Defendant continued to choke and shove Plaintiff. After she freed herself from him, Plaintiff telephoned 911 for help. The Hampden Township Police responded and told Defendant to leave the residence for the night. c) Since approximately May 1999, Defendant's abuse of Plaintiff has escalated to the point that ineidents of abuse including the followingoccur on a ,weekly basis, shovi1'1g, choking, slamming her head against walls, calling her !lames, and threatening to harm and kill her. d) In or about 1991, Defendant repeatedly slapped and backhanded Plaintiff about her head, face, shoulders and chest, and choked her. Several times during the incident when Plaintifffell to the floor from Defendant's blows, he grabbed her, picked her up off of the floor, and continued to strike her as she crawled into a closet where she stayed. Plaintiff sustained bruising, swelling and soreness about her head, face, neck, chest, back and arms as a result of this incident and could not go to work for approximately one week due to her injuries. e) Since approximately 1991, Defendant has abused Plaintiff in ways including, but not limited to, shoving, grabbing, slapping, choking, pulling her hair, and throwing objects such as remote control, a broom, and a metal strip from the door jamb at her. Defendant has restrained Plaintiff from leaving the house by grabbing her arms, blocking doorways with his body, and pinning her against walls. Defendant has intimidated Plaintiff by holding his fist in her face, drawing his fist back causing her to fear he was going to hit her, threatening to harm her, and threatening to kill her. Defendant has also grabbed Plaintiff's son, Craig, and shoved him against walls. 9. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Hamoden Townshio Police Devartment - Plaintiff's residence East Pennsboro TownshiD Police Deoartment - Plaintiff's place of employment and her son's school Fairview TownshiD Police Deoartment (York County) - farm where Plaintiff boards her horse 10. There is an immediate and present danger of further abuse from Defendant. 11. Plaintiff is asking the Court to evict and exclude Defendant from the residence at 205 St. John's Church Road, Camp Hill, Cumberland County, Pennsylvania, which is owned in the names of Plaintiff and Defendant. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where she may be found. B. Evict and exclude Defendant from Plaintiffs current residenee at 205 St. John's Church Road, Camp Hill, Cumberland County, Pennsylvania, and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. Require Defendant to provide Plaintiff with other suitable housing. D. Prohibit Defendant from having any contact with Plaintiff and/or her children, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintiff's current residence, and any residence she may, in the future, establish for herself; and/or her place of employment, and/or the child's school. E. Prohibit Defendant from having any contact with Plaintiff's relatives. F. Order Defendant to pay the costs of this action, including filing and service fees. G. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources toward the cost of litigation in this case. H. Order the following additional relief, not listed above: Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives and/or Plaintiff's children. I. Grant such other relief as the court deems appropriate. J. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Date: /- 7- tHJ RespectfuJIy submitted, !~.~ Oban Carey, Attorney fori laintiif Hp1\L SEltYIFf~' fflf. ~~~ltpw .. Carlisle, P A 17013 (717) 243-9400 . . - VERIFICATION I verifY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of] 8 Pa.C.S.g4904, relating to unsworn falsification to authorities. Dated: /-.6=-L'JO ~ot~~ Donna Lynn Cleland, Plaintiff g \0 I') .,. ~ j -,... -,... l:'J Q- ~ i::':: - "?" L!-l - , :s C~, (3 1 ~i~ '. <: C;" ~- ---- ,. (-'-1 ::':i C:;.i" r- :<( >- 1,','--'- , Cr) - -~~,~-~ u:. , : " Z i'-' ~ ;;'--:!Ll_ t.,_ r"') ::::; U = 0 , ". . ... -:""';.~--/ '. " -.'\ ',' ,- - ~.... -- . DONNA LYNN CLELAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 2000- fEf CIVILTERM : PROTECTION FROM ABUSE RAYMOND EUGENE CLELAND, JR., Defendant NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. I..., 11J A hearing on this matter is seheduled on the ~ day ofJanuary, 2000, at in Courtroom No.1 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 3 ~.JD {('m., I ., You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.CoS. 96114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 92265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. 92261-2262. You should take this paper to your lawyer at once. Y ouhave the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. 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. If you cannot find a lawyer, you may have to proceed without one. . CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ". ... ~ 4-~'" "'- .. DONNAL YNN CLELAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .vs. : NO. 2000-134 CIVIL TERM RAYMOND EUGENE CLELAND, JR., Defendant : PROTECTION FROM ABUSE FINAL PROTECTION ORDER Defendant's Name: RAYMOND EUGENE CLELAND, JR. Defendant's Date of Birth: 11/26/1952 Defendant's Social Security Number: 170-44-7202 Name of Protected pers1/.1 DONNA LYNN CLELAND AND NOW, thistl day of January, 2000, the conrt having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plai1rtift; DolUla Lynn Cleland, is represented by Joan Carey of Legal Services, Inc.; Defendant, Raymond Eugene Cleland, Jr., is represented by Keirsten W. Davidson of Johnson Duffie SteWart & Weidner. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. l&> Plaintiff's request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. o Plaintiff's request for a Final Protection Order is denied. l&> 1. Defendant shall not abuse. stalk. harass, threaten Plaintiff or any other protected person in any' place where they might be found. l&> 2. Defendant is completely evicted and excluded from the residence at 205 St. John's Church Road, Camp Hill, Cumberland County, Pennsylvania, or any other reSidence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. ," ." . ~ "'.... "'If o On_ at _.m", Defendant may enter the residence to retrieve his/her clothing and " other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. " 129 3. Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintiff's current residence, and any other residence she may, in the future, establish for herself, her place of employment, the farm where she boards her horse, and/or the school of her son, Craig Alan Thompson. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's nlace of emnIovment: Highmark (pA Blue Shield) 1800 Center Street, Camp Hill, Cumberland County, PA Farm where Plaintiff boards her horse: Carriage House Farm 536 Old Quaker & Lewisberry Roads, Lewisberry, York County, PA" School ofPlaintiWs son. Craie: Alan Thomnson: East Pennsboro High School 425 Shady Lane, Enola, Cumberland County, PA 129 4. Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties. o 5. Custody of the minor children, shall be as follows: (or see attached Custody Order) o 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following firearms and/or specific weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: o 7. Defendant is prohibited from possessing, transferring or acquiring any other firearms and/or specific weapons for the duration of this Order. Any firearms and/or weapons delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. 129 8. The following additional reliefis granted as authorized by ~6108 of this Act: This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that " . " - . '''';'~: .. Defendant has committed an act of ahuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff., Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. o 9. Defendant is directed to pay temporary support for Plaintiff, Donna Lynn Cleland, as follows: . This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amoUnt of support shall be credited, retroactive to this date, to the appropriate party. o 10. The eosts of this action are waived as to Plaintiff and imposed on Defendant. o 1 I. Defendant shall pay $_ to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to_ requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's offiee for the filing of this petition. o 12. BRADY INDICATOR o 1. The Plaintiff or protected person/s is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. o 2. This Orderis being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. ' o 3. Paragraph 1 of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person/so , "-.~.:"'\' "(,. o 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected person/s OR . o The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. J:8> 13. THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER. o ANY PRIOR ORDER RELATING TO CHILD CUSTODY. J:8> 14. All provisions of this Order shall expire one year from the date this Order is entered. NOTICE TO THE DEFENDANT Violation of this Order may result in your arrest on the charge of Indirect Criminal Contempt which is punishable by a fine of up to $1,000 and/or a jail sentence of up to six months. 23 Pa.C.S. s6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. This Order is enforceable in all fifty (50) States, the District of Columbia, Tribal Lands, U.5. Territories, and the Commonwealth of Puerto Rico under the Violence Against Women Action, 18 U.5.C.s2265. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under that Act. 18 U.5.C.ss 2261-2262. If paragraph 12 ofthis Order has been checked, you may be subject to federal prosecution and penalties under the "Brady" provisions of the Gun Control Action, 18 U.5.C.s922(g), for possession, transport or receipt of firearms or ammunition. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiff's residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the poliee. 23 Pa.C.S.~6113. Subsequent to an iuTest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The Cumberland County Sheriff's Department shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint .- . _t> , ~. ........ .~.. . , for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff, Plaintiff's presenee and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both paities given notice of the date of the hearing. BY THE COURT, This Order is entered pursuant to the consent of Plaintiff and Defendant: ~~ruad Donna Lynn Cleland, Plaintiff ~ ci: /'LlL -/L Rliym d Eugene Cleland, Jr., DefeMfant ~dan Carey, Attorney fo LEGAL SERVICES, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 4SJ~(AJ.~ Keirsten W. Davidson, Attorney for Defendant JOHNSON DUFFIE STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 ~____U} ~ co C u,Q .... :-2 c5Z N :::>.- 1...--;.., ::;c o"~ -{ri'_';~ 0.... _ u~ "0 - - r-,>; 0'; .-: z~ ,;<~' <'J 3ro- .1' Z ,._2 ~?~ <c -tots --. -t.Dn.... I" ,# ....-- -- (:, - 83 c.i! ...-- .~ ,<--'.-- .--, '........... , -I. "'1 '. . ' ~ f'..> ~ C-j ~ -......; ~ ~ ~ -Q l.~:f'd \3 ,-S ~ ~ .J)(Q )f J '-....J -- -;Q~ - J.J:; -08 ~ Jrl --.j )-.. d~J- . . , , DONNA L. CLELAND, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-134 Civil RAYMOND E. CLELAND, JR., Defendant PROTECTION FROM ABUSE AND NOW, this ORDER OF COURT ~~ Dayof ~ . , 2000, upon presentation and consideration of the within Petition, it is hereby Ordered that this Court's Protection from Abuse Order dated January 13, 2000 is hereby temrinated and withdrawn by the Plaintiff, Donna L. Cleland, pursuant to Paragraph six (6) of the Property Settlement Agreement dated April 17, 2000 and incorporated into the Decree in Divorce dated August 15, 2000. Distribution: Keirsten W. Davidson, Esquire, P.O. Box 109, Lemoyne, PA. 17043, - tq;o..2ea I~ i;J..t,-oO Attorney for Defendant, Raymond E. Cleland, Ir. Diane M. Rupich, Esquire, 1017 N. Front Street, Harrisburg, Pa. 17102, - ~ ~,1 1;;;.trO& Attorney for Plaintiff, Donna L. Cleland East Pennsboro Township Police Department Hampden Township Police Department Prothonotary of Cumberland County J. j-I/" CJt7 F!lED-OFFiCE f"\" Tl~t': monTi,J,r:"O"'~'RY \AI1 "'. t _, ,.......' ...-\\: :j,.\\ 00 DEe -6 AM 9: 34 CUMBERLAi"JD COUNTY PENNSYLVANIA vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-134 Civil DONNA L. CLELAND, Plaintiff RAYMOND E. CLELAND, JR., Defendant PROTECTION FROM ABUSE PETITION TO TERMINATE PROTECTION FROM ABUSE ORDER AND NOW, this ,.. 7- ~rI Day of flu ,2000, comes the above named Plaintiff, Donna L. Cleland, by her attorney, Diane M. Rupich, Esquire and respectfully requests the following: 1. A Protection From Abuse Order was entered by your Honorable Court to the above captioned number on or about January 13, 2000. 2. The parties have entered into a Property Settlement Agreement, in connection with a divorce action filed to No. 2000-2596 Civil action in the Court of COmnlon Pleas of Cumberland County, wherein Plaintiff, Donna L. Cleland, agreed to terminate the Protection from Abuse Order upon finalization of the divorce action. See Exhibti "A" attached hereto being a copy of said Agreement and Decree in Divorce dated August 15, 2000. WHEREFORE, Plaintiff, Donna L. Cleland, by her attorney, Diane M. Rupich, Esquire, prays your Honorable Court to terminate the Protection from Abuse Order entered January 13, 2000. Respectfully submitted, BY ~=---~ I Diane M. Rupic , 're --............. . 1017 N. Front Street Harrisburg, Pa. 17102 (717) 232-9724 1.D. No. 71873 -2- . . " . , , . , . IN THE COURT OF COMMON PLEAS ~(Q[P>Y PENNA. OFCUMBERLANDCOUNTY .~ STATE OF RAYMOND E. CLELAND, JR., Plaintiff No. 2000-2596 CIVIL TERM VERSUS DONNA L. CLELAND, Defendant DECREE IN DIVORCE AND NOW, Auqust 15. 2000 [T [S ORDERED AND DECREED THAT RAYMOND E. CLELAND, JR. , PLAINT[FF, DONNA L. CLELAND AND , DEFENDANT, ARE DIVORCED FROM THE BONDS. OF MATRIMONY. THE COURT RETAINS JUR[SD[CTIOl\i OF THE FOLLQWING CLA[MS WHICH HAVE BEEN RAISED OF RECORD [N THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The attached Property Settlement Agreement dated April 17, 2000 is hereby incorporated into this Decree in Divorce. By THE COURT: /s/ Kevin A. Hess J. ~~RO'HONO'AR' CERTIFIED mFY ISSUED AUGUST 16 2000 , ATTEST: EXHIBIT I'A/I , . . . . . Ij- " ., ~- " .. ,', 8 g " <.,.... -r1 '"T;G D- 7i PROPERTY SETTLEMENT AGREEMENT, 52!;; ~ ;J,,,, 2i--. "'j--:- ~ :~: .r.-" .;] 2J rOt:; t...J,1. THIS AGREEMENT, made this 4 day of ~ --- '~~o, ~ an~~tween DONNA L. CLELAND, residing at 205 Sl. John's Church Road Camp Hill, Cum15e"rlanJ: County, Pennsylvania, hereinafter referred to as "WIFE," and RAYMOND E CLELAND, JR., residing at 3125 Old Trail Road, York Haven, York County, Pennsylvania, hereinafter referred to as "HUSBAND." WI TNESSE TH: WHEREAS, the parties were lawfully married on (')::mk>ev Dll, B9D Cumberland County, Pennsylvania; and in Bowmansdale, WHEREAS, in consequence of disputes and unhappy difficulties, the parties have agreed to live separate and apart during their natural lives; and WHEREAS, the parties are desirous of settling their existing property rights including an amicable equitable distribution, assignment and division of their property, which property is considered to be "marital property" as defined in the Divorce Code known as Act 26 of 1980, and amendments thereto enacted into iaw on February 12, 1988; and NOW THEREFORE, in consideration of the promises and the mutual undertaking herein contained and for other good and valuable consideration, the parties, intending to be legally bound, agree as follows: 1. Separation. The parties shall hereinafter live separate and apart. Each shall be free from interference, authority, and control, direct and indirect, by the other as if he or she were single and unmarried. 2. _ Control of Agreement. The provisions of this Property Settlement Agreement shall govem all past, present, and/or future claims for alimony, support, counsel fees and costs, alimony pendente lite, equitable distribution, or other property rights, and all other claims which the WIFE or HUSBAND has or might have against the other except as set forth hereinafter. , . " ~ ' '. 3. Divorce. Simultaneously with the execution of this Agreement, HUSBAND shall file a Cdmplaint in Divorce in Cumberland County, Pennsylvania, under 93301 (c) of the Divorce Code. Upon the expiration of ninety (90) days from WIFE'S Acceptance of Service of the Complaint, the parties agree to promptly sign any and all documents necessary to obtain a Divorce Decree un.der 9 3301 (c) of the Divorce Code, including but not limited to, Affidavits of Consent, Affidavits Waiving Marriage Counseling, and Waivers of Notice of Intent to Seek Divorce under 9 3301(c) of the Divorce Code. The parties intend that this Agreement shall be incorporated into any forthcoming Decree in Divorce. 4. Real ProDerty. The parties acknowledge that they are the owners as tenants by the entirety of real property, which is also considered marital property, located at 205 St. John's Church Road, Camp Hill, Cumberland County, Pennsylvania. The home is presently encumbered by two (2) mortgages in joint name; the first in the approximate amount of Thirty Six Thousand ($36,000.00) Dollars; and the second in the approximate amount of Twenty Seven Thousand Eight Hundred ($27,800.00) Dollars. The parties agree that WIFE shall retain the marital home, including any equity therein, subject to any and all liens and/or encumbrances thereupon, as her sole and separate property. Within six (6) months of the execution of this Agreement, WIFE shall refinance the property into her name alone, thereby removing HUSBAND from any and all liability associated with the marital home. WIFE shall be solely responsible for payment in full of all costs, fees, taxes and/or expenses associated with the refinance process. HUSBAND agrees to cooperate fully with the execution of documents and provision of information necessary to accomplish the above. Upon the successful refinance of the property, HUSBAND shall convey all of his right, tille, and interest in and to the marital home to WIFE, and HUSBAND agrees to cooperate with the signing of any deeds, documents or other papers necessary to effectuate this provision of the Agreement. ~ rE~ WIFE has had exclusive possession of the maritai home since approximately January 7,2000. WIFE shall be solely responsible for timely payment in full of all bills in connection with the marital home, including but not limited to the mortgages, taxes, insurance, utmties, repairs, and general maintenance, and WIFE shall indemnify HUSBAND and hold him harmless with respect to any past, present or future liability in connection with the marital home andfor with respect to her non-payment or non-performance of the above obligations, until such time as the refinance is complete. ,,/l f} , . t' 'V ~ ~ '-fh f ()JI r::-e.... $-hfl-J! rLf-Ai{\ ..e~w) Ol~ Hu5t3.AtVD f1&1Z ~.h" I ('e~(d..et1c...~ unH I, $-{}lc-h , tV of +he- rn?lrr j rr I , p.O.s~ &SfJO. ...' r, /)AS .5a/oL home- ole..spd-e...- f/JJ(e- (ennPi0V<- . J h 'fr'm e- , C( 501 'f I J L e ff"A (J.5 Sf! + fiJr~ ;'n .fa~1'af' * e-- trJ J #I. ,au.) a 0 T' yy, (J St'x. {f.o~ herein,. ~G ~. Jk ?t- M w f!P ..'-, ..J' .. 5. Seousal Support I Alimony. There is a Spousal Support Order currently in effect through the Cumberland County Domestic Relations Office, PACSES Case No. 178101886. HUSBAND is currently paying WIFE the sum of Six Hundred ($600.00) Dollars per month per the Order, a portion of which is designated as contribution to the mortgages on the marital home. WIFE< sAslI ifl'lfl'lodiatelj' 'Nithar:aw her 5J'0 UGEl I 3u~!lel'l 6lli'tisR. HUSBAND shall continue to pay to WIFE, the sum of Six Hundred ($600.00) Dollars per month for a period of nine (9) months commencing on February 1, 2000, for a total payment to WIFE of Five Thousand Four Hundred ($5,400.00) Dollars. This spousal support / alimony award shall be non-modifiable. In no event shall HUSBAND'S support / alimony payments extend beyond October of 2000. HUSBAND'S wages are currently attached per the Domestic Relations Order, and such attachment shall remain in effect through October 2000. Both parties agree that the wage attachment shall terminate on October 31, 2000. The parties agree that this portion of their Agreement shall be shared with the Domestic Relations Office so as to facilitate the above. Except as inconsistent herewith, each party waives any other past, present and/or future claim for spousal support, alimony, or alimony pendente lite against the other. 6. Protection From Abuse Order. WIFE obtained a Protection From Abuse Order (PFA) against HUSBAND on or about January 27,2000. The action is docketed to No. 2000-134, Cumberland County. WIFE agrees to withdraw the PFA against HUSBAND upon finalization of the divorce in its entirety, and specifically' as said PFA pertains 1;0 the marital home; however WIFE agrees to immediately upon the (.L@L(~+- ~e.. to,....,pl(M.,,"'rI" p, V"<'rce.. 8)18r;; '6R of lffis Agr99ffiSAt-, modify the current PFA to permit HUSBAND to be present at the Carriage House Farm only. Furthermore, HUSBAND shall be entitllOld to remoVe his.JlfJr?onal belongings from the (~p I- <1 F D;/rnp/aI/'1T'ln bh V'tlrc-e.., - - marital home within fourteen (14) days of thi& /\13r-e/01 I ,<!:I It, as more particularly set forth in Paragraph 9 below, which action shall not be a violation of the PFA. 7. WIFE'S Inheritance. During the marriage, WIFE inherited approximately Eighty Thousand ($80,000.00) Dollars from her father. HUSBAND waives any right, title, interest or claim he may have in and to_those funds, and they shall be designated as WIFE'S sole and separate property. 8. - Eme/ovee. Pension and Retirement Benefits. Each party shall retain as his or her sole and separate property, any individual retirement account, and/or retirement benefit plan (including but not limited to pension or profit sharing plans, deferred compensation plans, defined benefit plans, 401 (k) plans, employee savings and thrift plans, IRA's, or other similar benefits), whether vested or non-vested. The above shall specifically include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. Furthermore, each party shall be and remain the sole owner of any other asset in his or her control not speciflcally covered by other provisions of this Agreement. Should it become necessary, each party agrees to sign any other titie or documents necessary to give effect to this section upon request of the other party. ~ J[.~ ~ 9. Personal Property. The parties have acquired certain personal property during the course of their marriage, the majority of which is located in the marital home. With the exception of HUSBAND'S tools, clothing, personal effects, and any other item the parties fJ:lutually agree. u on W ich /iiUSB,A.. NQ '1haJI tt-".("" yaup e..U;rnp,lttlnr I Y\ r~9ve from the marlta[ home within fourteen (14) days . . sm, the parties Vr"orc.e.-. . .." .. agree that WIFE shall be entitled to retain as her sole and separate property, all household furnishings and other similar property. SpecifIcally, the Percheron horse shall become the sole and separate property of WIFE, and HUSBAND shall execute all papers necessary to effectuate that transfer. Except as inconsistent with this Agreement, it is agreed that each party shall retain a[1 items of tangible personal property currently in their possession as if it were their sole and separate property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party which are now in the possession or under the control of the other. Furthermore, each party agrees to waive any right, title, and/or interest they may have to the property in the possession of the other.. Should it become necessary, the parties each agree to sign upon refquest, any titles or documents necessary to give effect to this paragraph. 10. Automobiles. There are no jointly titled automobiles in existence. The parties shall each retain their respective vehicles as their sole and separate property, subject to any liens and encumbrances. The parties agree to indemnify and hold the other harmless with respect to any encumbrance on their respective vehicles. Each party agrees to waive any right, title or interest he or she may have in the vehicle of the other, and promptly sign any and all documents necessary to effectuate the provisions of this paragraph. 11. Bank Accounts. Any and all joint bank accOunts in the parties' names which existed at separation have been previously divided to both parties' mutual satisfaction. Furthermore, each party agrees to waive any right, title or interest he or she may have in the bank account of the other. 12. /3Qa1. The parties jointly own a pontoon boat that is in HUSBAND'S possession. There is approximately Fourteen Thousand ($14,000.00) Dollars owed on this obligation. The parties agree that HUSBAND shall retain the boat, specifically including any equity therein, as his sole and separate property subject to any encumbrance thereon and W[FE shall cooperate and sign any and all documents necessary to transfer title and/or registration into HUSBAND's name alone. Within six (6) months of the execution of . , this Agreement, HUSBAND shall either sell the boat or refinance it into his name alone, thereby removing WIFE from any and all [iability associated therewith. HUSBAND shall be soiely responsible for payment in full of all costs, fees, taxes arid/or expenses associated with the refinance process or the sale of the boat. WIFE agrees to cooperate fully with the execution of documents and provision of information necessary to a=mplish the above. Upon the successful refinance or sale of the boat, WIFE shall convey all of her right, title, and interest to HUSBAND, and WIFE agrees to cooperate with the signing of any titles, documents or other papers necessary to effectuate this provision of the Agreement. 13. Credit Card Debt. There are no Joint credit cards in existence and all marital credit card debt has been satisfied in fu[1. Any other credit card debt in existence shall be the sole and separate responsibility of the person who incurred such debt, and that person shall indemnify and hold the other harmless with respect to any and all liability in connection with the same. 14. N.B. Liebman Furniture. The parties jointly financed household furniture, all of which is in the marital home, through N.B. Liebman Furniture in the approximate amount of Three Thousand Eight Hundred ($3,800.00) Dollars. Payment was due in January of 2000, however was not made. WIFE enjoys possession of the furniture and therefore shall be sole[y responsible for payment in full of this obligation, including penalties for late payment, if any. WIFE agrees to indemnify HUSBAND and hold him harmless with respect to any nonpayment or nonperformance of the repayment obligations. The parties agree to remove HUSBAND'S name from this obligation and transfer it into WIFE'S name alone, and further agree to cooperate fully with the signing of all documents necessary to accomplish the above. 15. Miscellaneous Debt. Any debt not specifically listed in this Agreement and/or incurred after the date of separation (January 7, 2000) shall be the sole and separate responsibility of the party who incurred it. 16. Agreement Executed Voluntarilv and Clearlv Understood. Each party to this Agreement acknowledges and declares that he or she respectively: A. [f fully and completely informed as to the facts relating to the subject matter of this Agreement, and as to the rights and liabilities of both parties; B. Enters into this Agreement voiuntari[y, free from fraud, undue influence, coercion or duress of any kind; , .' C. Has given careful and mature thought to the making of this Agreement; D. Has carefully read each provision of this Agreement; E. - Acknowledges that there has been a full and fair financial disclosure by both parties, and fully and completely understands each provision of this Agreement. ' 17. Release of All Claims. Each party releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred. Moreover, neither party is relieved or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. 18. Ho/dina Other Partv Free and Harmless. HUSBAND hereby warrants to WIFE that he has not incurred and he hereby agrees that he will not hereafler incur any liability or obligation on which she is or may be liable. If any claim ,or action is brought attempting to hold WIFE liable for any such liability or obligation, HUSBAND shall, at his sole expense, defend WIFE agaInst any such claim or action whether or not founded, and he shall hold her free and harmless therefrom. WIFE hereby warrants to HUSBAND that she has not incurred and she hereby agrees that she will not hereafter incur any liability or obligation on which he Is or may be liable. If any claim or action is brought attempting to hold HUSBAND liable for any such liability or obligation, WIFE shall, at her sole expense, defend HUSBAND against any such claim or action whether or not founded, and she shall hold him free and harmless therefrom. 19. Additional Instruments. The parties shall, on demand, execute and deliver to the other, any document, and do or cause to be done, any other act or thing that may be necessary or desirable to effectuate the proVisions and purposes of this Agreement. If either party fails, on demand, to comply with this provision, that party shall pay to the other, all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 20. Full Disclosure. The respective parties do hereby warrant, represent, and declare, and do acknowledge and agree that each is satisfied with the financial disclosUl:es made from the other. The parties acknowledge that although within their right to request, no formal discovery was done in this case, and that they are satisfied with and cognizant of the wealth, income, real and/or personal property, whether jointly or individually titled, estate and assets of the other, and any further enumeration or statement thereof in this Agreement is hereby specifically waived. The parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenanls and agrees for himself or herself that his or her heirs, personal representatives and assigns, that he or she will never at any time hereafter sue the other or his or her heirs, personal representatives or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full and proper disclosure. The parties specifically acknowledge that they have been advised by their individual counsel of their right to seek such discovery, however have elected to waive the same. Furtller, both parties waive their right to have the inventory or financial disclosure statement of the other attached hereto, and underslsnd that this Agreement shall not be subject to modification by the Court. 21. Representation of the Parties. HUSBAND is represented by Johnson, Duffie, Stewart & Weidner, in connection with the negotiation and preparation of this Agreement. WIFE is represented by Diane M. Rupich, Esquire. Each party has carefully read this Agreement and is completely aware not only of its contents but also of its iegal effect. Each party acknowledges and accepts that this Agreement, in the circumstances, is fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue infiuence, and that it is not the result of any improper or illegal Agreement and/or Agreem(3nts. 22. Waiver of Rights to Other Party's Estate. Except as provided for herein, HUSBAND and WIFE each waive any and all right: A. To inherit any part of the estate of the other at his or her death, except as provided herein; B . To receive property from the estate of the other by bequest or devise except under a Will or Codicil dated subsequently to the effective date of this Agreement; C. To act as personal representative of the estate of the other on intestacy unless nominated by another party legally entitled to so act; D. To act as the personal representative under the Will of the other unless so nominated by a Will or Codicil dated subsequently to the effective date of this Agreement; E. To Claim a family allowance in the estate of the other. 23. Containment of Entire Agreement Herein. This Agreement supersedes any and all other Agreements, either oral or in writing, betweenJhe parties relating to the rights and liabilities arising out of their marriage. This Agreement contains the entire agreement of the parties. 24. Partial Invalidity. If any portion of this Agreement is held by a Court of competent jurisdiction to be invaiid, void, or unenforceable, the remaining provisions shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way. 25. Effect of Reconciliatipn. .col!iiltJit~tiofJ or Divorce Decree. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to the parties. This Agreement shall survive an)' such final judgment or Decree of Divorce. Both parties shall have all rights and enforcement under applicable law including the Pennsylvania Divorce Code. This Agreement shall also remain in full force and effect even if the parties effect a reconciliation, cohabitate as Husband and Wife, or attempt to effect a reconciliation. 26. Modification. with Pennsylvania law and Agreement. This Agreement shall not be subject to modification except as in accordance with a writing between both parties evidencing their intent to modify the 27. No Waiver of Default. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 213. Attornevs Fees and Expenses. Each party shall be responsible for their own attorneys fees and expenses. 29, Mutual Coooeration. Each of the parties shall, on demand, execute and deliver to the other, any deeds, bills of saie, quit claims, assignments, consents, tax returns, and other documents and do or cause to be done any other acts or things as may be necessary or desirabie to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. , r., 30. BankruDtcv. Each of the parties acknowledges and agrees that with respect to the liabilities each Is required to assume and pay under the provisions of this Agreement, each has the ability to fulfill his or her respective obligations from income or property not reasonably necessary to be expended for such party's maintenance and support or for the maintenance and support of such party's dependents. Shouid either party file a Petition under TIlle Xi of the United States Code, or should a petition be filed against either involuntarily, each party acknowiedges and agrees that the discharge of the debtor party's obligations under this Agreement will not result in a benefit to the debtor party that outweighs the detrimental consequence to the non-debtor party. 31. Law of Pennsylvania Applicable. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 32. Date of Agreement. The effective date of this Agreement shall be the date on which the last party executes the Agreement if the parties do not execute the Agreement on the same date. Otherwise, the effective date will be the date that both parties execute the Agreement if they execute on the same date. 33. - Successors and Assigns. This Agreement, except as otherwise expressly provided herein, shall be binding on and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors and interest of the parties. lN WITNESS WHEREOF, the parties hereby have hereunto set their hands and seals the date and year first above written. WITNESS: , fj . /;-17- 00 ~Xt!LJaA oL DONNA L. CLELAND Date c&.0.l-o;... tJ. O~ Y-A:;J-OO Date ~~&Cd~~ RAY ND E. LELAND, JR. :132166 r. COMMONWEALTH OF PENNSYLVANIA ~ . ss: COUNTY OF /.! ~ _ On this, the;...;L day of ~ ' 2000, before me the undersigned officer, personally appeared DONNA L. CLELAND known to me or satisfactorily proven to be the person whose name Is subscribed to the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. .~~..."~.~~ \:' .~: -: . ~ ~- ":~f~ .. -"',' COMMONWEALTH OF PENNSYLVANIA COUNTY OF (Ii.. h( cd ( t1..tuL ~_.... -"'""'I '. />.,...,;:;..\,....'.; ~ - l"'..... ~:.~t ,- ~,,__~,.:r"'_~ I~ ......-....' ~ L mP+f~! Nt ~~~~;t)j~, fif.s.?~v C',Jt.~z )~ ~!?i......tk:Ji~,. t'r.;i.I[.i1tn J.c.~':i'{.l..';- '?J;" ~ AAz~~:l.:.~:~~!:~:~::;~~~.:.~ ss: On this, the I /) ~ day of 11 bk i L , 2000, before me the undersigned officer, personally -- , appeared RA YMOND E CLELAND, JR., known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ,,;~:~;:~~;i"t~'~~~S :'-!:: - 'ur t ~~i. " ,~.' ,/ '., ...., """;;: Notarial Seal Krtstee K Myers. Notary Public Lemoyna Bora, Cumberland Counfy My Commlssion Expires Dec. 2., 2002 Member, Pennsylvama ASSOcJallon of NotarIes VERIFICATION 1 verify that the statements made in this Petition to Terminate PFA are true and correct. I understand that false statements herein are made subject , to the penalties of 18 Pa. C.S. 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'i. 1Z106/00 WED1"5: 0:: FAX 717 240 6573 CliMB CO PROTHONOTARY 1ilI001 *************************** *** MULTI TN REPORT *** ****************$$$******** TX/RX NO INCOIlPLETIl TXlRX TRANSACTION OK 2326 ERROR [ 01] 9P2405331 [ 04] 92490779 CENTRAL PROCESS PSP . . ,.. OFf'ICE OF THE PRatHCN:JTMY CUlBERLIIND o:xJ\IITY CXXJR'ffiOOSE . ONE c:a.JR'I1jCOSE SQUARE CARLISLE. PA. 17013-3387 (717) Z40-6195 FAX ~: FRQoI : psP LS .1 . C.enA rul rrDCt'S'SlI1j q-ef...4o- 5331 FAX (717) 240-6573 VIA TELECOPIER TO: CURTIS R. LONG RE: .p FA ()yrJ..-evs MESSAGE : z. 00. OF PAGES (lNCWDING Q:JVE;R SHEET) '" ". '!his ~ is in1:erl:Ed cnly fb:: Ire Lee of tte irdiv:lt:i.el cr entit;Y tx.> W1ich is is o:dh. I, .nl rmy o:nta:in :infiJmat.im lMt is p::ivil.apl, ~identia1 em e<t:II{;X: D:on r'I;CY"""","" ~ ""';",,,1'" J&t. 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