HomeMy WebLinkAbout00-01143
"
--",,-
"
,
,
,..
.
:\;+ ;\-+++:+
. ,
~~
n.
+++++++ ~;;;+ ++++ +++++++
n,
+ 'I' +. +. C/o + + +.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
,
,
.
,
,
+
,
STATE OF
Richard L. Bleyer, Sr.
,
Plaintiff
,
.
,
,
VERSUS
.
+
+
+
+
+
+
Deborah L. Bleyer
Defendant
,
.
.
.
.
.
.
.
.
+
.
.
.
PENNA.
.
+
+
.
.
+
No. ?nnn 114'<
.
.
.
.
.
.
.
.
.
DECREE IN
DIVORCE
+
+
.
.
+
2JO
oi.LO~S5~.~
~ , IT IS ORDERED AND :
.
.
+
.
.
+
+
.
.
.
.
.
+
+
AND NOW,
+
+
.
+
.
DECREED THAT
Bleyer,
Sr.
, PLAINTIFF,
AND
Deborah L. Bleyer
, DEFENDANT,
+
+
.
.
.
.
ARE DIVORCED FROM THE SONDS OF MATRIMONY.
.
.
.
.
.
.
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;
.
.
.
.
+
+
+
.
+
.
+
The Agreement herein entered between the parties on
+
+
2000 is hereby incorporated.
+
.
.
.
+
+
.
.
.
.
.
.
.
.
.
+
.
.
+
+
+
.
.
.
.
.
.
J. .
+
.
.
+
..
.
+
.
+++++ +~++ ++ ++ ~
,.:+ ++ +'+ 't'+ +++ ++
++
.
.-... ...., _? :.- ~ "\...> ~ ;..-:-.:~-.
.."-.... . > .,. ~
7~.6J0 a/-~ ~ -d-4 ~
7<:20 -oc::J '>:1~ ft'a.:.b Z9 ~
-.
.
,
,
~
'I: \..
~. -;-
-I'
AGREEMENT
This Agreement made by and between RICHARD LEE BLEYER, SR. of 8A
Apt. 101 Richland Lane, Camp Hill, Cumberland County, Pennsylvania, hereinafter
referred to as "Husband",
AND
DEBORAH LOUISE BLEYER, of 116 East Columbia Road, Enola,
"
Cumberland County, Pennsylvania, hereinafter referred to as "Wife".
WITNESSETH:
WHEREAS, Husband and Wife were lawfully joined in marriage on May 8,
1971, but differences have arisen between them in consequence of which they have been
living separate and apart from each other since September 1996; and
WHEREAS, there have been three (3) children born of this marriage between
Husband and Wife, and that two (2) of the children are under the age of 18, namely:
MichaelP, Bleyer, bomNovember 19, 1985 and Matthew A. Bleyer, born June 3, 1987;
and
WHEREAS, the parties hereto are desirous of settling fully and fmally their
respective financial and property rights and obligations, particularly those rights and
obligations growing out of their marriage relationship, including by specification: the
settling of all matters between them relating to the ownership and equitable distribution
of real and personal property; the settling of all matters between them relating to the past,
present, and future support, alimony, alimony pendente lite, counsel fees and/or
.
,
.
f;. , .k !
maintenance of Husband by Wife or Wife by Husband; and in general, the settling of any
and all claims and possible claims by one against the other or against their respective
estates; and
WHEREAS, Husband and Wife each acknowledge that he or she is fully
cognizant of the assets, income, liabilities, and general [mancial condition of the parties
jointly and of each other individually and both parties are of full and complete
understanding that they have the right to seek the advice of separate legal counsel. Each
party has had ample opportunity to review the financial condition of the other and each
party agrees not to challenge the instant agreement based on any allegation of lack of
sufficient disclosure of assets or income:
NOW, THEREFORE, in consideration of the premises and of the mutual
promise, covenants and undertakings hereinafter set forth and for other good and
valuable consideration, the receipt of which is hereby acknowledged by each of the
parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant
and agree as follows:
1. ADVICE OF COUNSEL
Husband and Wife acknowledge that each has received independent legal advice
of counsel of his or her selection. The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, Kenneth F. Lewis,
Esq. for Wife and Eileen H. Srnink, Esq. for Husband. Each party acknowledges that
he or she fully understands the facts and his or her legal rights and obligations, including
Page 1
,
,
"j ) ,~ r
all rights available to them under the Pennsylvania Divorce Code of 1980, as amended,
and other applicable law. Each of the parties acknowledges and agrees that after having
received such advice and with such knowledge, this agreement is, in the circumstances,
fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good
faith and that the execution of this agreement is not the result of any duress, undue
influence, coercion, collusion and/or improper or illegal agreement. This Agreement
should be interpreted fairly and simply, and not for or against either of the parties.
2. SEPARATION
The parties hereby acknowledge that they have been separated since September
1996, and that they agree to live separate and apart from each other, and each shall be
free from the marital authority and control of the other as fully as if single and unmarriedo
Neither party shall molest, malign, or interfere with the other or the respective families,
nor compel or attempt to compel the other to live with him or her by any means
whatsoever. Each may live wherever he or she may see fit, subject only to the provisions
of this Agreement.
3. HOUSEHOLD AND OTHER TANGIBLE PROPERTY
The parties mutually agree that Wife shall, from and after the date hereof, be the
sole and separate owner of all such tangible personal property presently in her possession
and that Husband hereby releases and relinquishes any right, title or interest he may have
had in the past, or now has in the aforesaid tangible property in Wife's possession. The
parties further agree that Husband shall, from and after the date hereof, be the sole and
Page 2
"J , _" t
separate owner of all such tangible personal property presently in his possession and that
Wife hereby releases and relinquishes any right, title or interest she may have had in the
past, or now has in the aforesaid tangible property in Husbands's possession.
4. EOUlTABLE DISTRIBUTION OF PROPERTY
Wife and Husband agree that the foregoing property dispositions constitute an
equitable distribution of all of their property, pursuant to the Divorce Code. Wife and
Husband hereby waive any right to division of their property except as provided for in
this Agreement.
a. Automobiles. The parties acknowledge that at the time of this agreement
each party is the owner of a vehicle and that the vehicle is titled in the
individual owners name. The parties agree that Husband shall retain
possession and ownership of his 1988 Chrysler Lebaron presently in his
possession, and Wife shall retain possession and ownership of her 1999
Saturn presently in her possession. Both parties agree to be solely
responsible for any existing or future debt concerning their own individual
vehicle.
b. Joint Assets. Both parties acknowledge, agree and stipulate that the only
asset which they ownj ointly is the marital premises hereinafter mentioned
and some of its contents and that no checking and savings accounts,
stocks, bonds, or other investments are jointly held. Husband and Wife
hereby releases and relinquishes any right, title or interest that they may
Page 3
.
.J , . ~ T
have had in the past, or now have in each others' aforesaid assets.
c. Premises. Wife and Husband hold title as tenants by the entireties to the
marital premises identified as 116 East Columbia Road, Enola,
Cumberland County, Pennsylvania. The parties agree as follows with
respect to the Marital Premises:
1. Wife shall enjoy exclusive occupancy and possession of the Marital
Premises and all household items contained in the aforementioned
premises, and shall be solely liable for the payment of the existing
mortgage and realty taxes and insurance thereon; Husband shall
execute a deed which shall effectively remove his name and interest
from the Marital Premises. In exchange, Husband shall be released
from any and all payment of support, alimony pendente lite and lor
maintenance of the Wife. It is agreed that the release of payments
described herein represent Husband's fair share of the value of the
Marital Premises.
2. Wife shall assume as her full and sole obligation all of the expenses
incident to the use and ownership of the aforesaid property accruing
from the date of execution of this instrument, including, without
limitation, any and all mortgage payments,. liability and fire
insurance coverage, utilities, sewer, water, refuse collection,
assessments, proper maintenance, repairs and additions and
Page 4
.'
.
). 'I. ~ ~ I
improvements. Wife covenants and agrees to indemnifY and hold
Husband harmless from any such liabilities, obligations or claims
or demands as a result thereof. Wife expressly agrees to assume the
full responsibility for any recording fees, cost or expenses incident
to.the transfer of the aforesaid property to Wife by Husband,
3. Wife promises, covenants and agrees that she will now, and at all
times hereafter, indemnifY and hold harmless Husband and his
estate from the above debts or liabilities incurred by her from
allocations, claims, and demands whatsoever, 'regarding the
property, including legal and counsel fees.
d. After-Acquired Personal Property. Husband and Wife shall hereafter
own and enjoy independently of any claim or right of the other, all items
of personal property, tangible or intangible, acquired by him or her from
the date of execution of this Agreement, with full power in him or her to
dispose of the same as fully and effectively, in all respects and for all
purposes, as though he or she were unmarried.
5. DEBTS
a. The parties acknowledge, agree and stipulate that an outstanding East
Pennsboro Township sewer and water bill is the only existing joint debt,
and that there are no jointly held credit cards, loans or other existing debts
as of the date of separation.
Page 5
.
.
.'
, ,
, .,
.. 1. ,. \"
b. Husband agrees to be solely and exclusively responsible for the existing
debt concerning the sewer and water bill (approximately $3, 635.00), the
amount determined as of the date of execution of this agreement. This
amount includes the past due and owning sewage bill plus interest and
penalties, lien figures to clear seven (7) liens and the April 2000 quarterly
bill.
6. FUTURE DEBTS
The parties further agree that neither will incur any more future debts for which
the other may be held liable, and if either party incurs a debt for which the other will be
liable, that party incurring such debt will hold the other hannless from any and all
liabilivJ thereof.
7. PENSION
At the time of the parties separation, Husband and Wife each had an interest in
each others' pension, 401K, savings and similar retirement benefits/plans. Wife and
Husband hereby waive and relinquish their rights to claim an interest now or in the future
of the others' said retirement benefit/plan or similar savings, except that the Wife may
be entitled to a divorce spouse or surviving divorce spouse benefit under the Railroad
Retirement Act. The Wife, with the Husband's cooperation, shall be responsible for
filing for the divorce spouse or surviving divorce spouse benefit and meeting the
eligibility requirements. The Wife waives and relinquishes her right to claim an interest
now or in the future in the Husband's Tier II divisible railroad retirement benefit
Page 6
<
..
.'
, .,
1: " -j' r
, ,
component. Each party shall otherwise keep their own pension savings and retirement
benefits/plan.
8. WAIVER
Parties acknowledge that the Divorce Code provides for reasonable alimony to
either party. It is hereby mutually agreed that neither party hereto shall seek and does
hereby waive, their right to seek now and in the future, payinent of alimony, alimony
pendente lite, counsel fees, costs and expenses and any other charges of any nature
whatsoever pertaining to any divorce proceeding which may be instituted in any Court
in the Commonwealth or any jurisdiction, and each of the parties acknowledge that the
provisions of this Agreement provide for their own separate and independent support an
maintenance and each therefore waives hislher right to spousal support.
9. COUNSEL FEES
Each party shall be solely responsible for the payment of their respective counsel
fees.
10. BREACH
a. If either party breaches any provision of this Agreement, the other shall
have the right, at his or her election, either to sue for specific performance
of this Agreement or to sue for damages premised upon said breach. In
such proceedings, the only issue shall be whether one or both of the parties
has breached the Agreement and in no event shall either Husband or Wife,
their attorneys or legal representatives, have the right to question any of the
Page 7
, .'
, "
I
. .,r: '\. -I \ (
provisions of this Agreement.
b. Regardless of whether this Agreement is made a part of a Court Order, this
Agreement may be enforced as provided by the Divorce Code.
c. In the event that either party must bring an action based upon the breach
of the other for any of the terms and conditions of this Agreement, the
party having so breached the Agreement, "the responsibility for breaching
the Agreement to be determined by a court of competent jurisdiction",
agrees to be responsible not only for damages sustained by the non-
breaching party, but also agrees to reimburse the non-breaching party for
any and all attorney's fees and Court costs incurred because of the breach
of the within Agreement.
11. HUSBAND'S LIABILITY
Wife agrees that she has not contracted as of the date on which the parties
separated nor shall Wife contract in the future any debt or liability for which Husband
or his property or his Estate might be responsible and shall indemnify and save harmless
Husband from any and all claims or demands made against him by reason of debts or
obligations so incurred by her.
12. WIFE'S LIABILITY
Husband agrees that he has not contracted as of the date on which the parties
separated nor shall Husband contract in the future any debt or liability for which Wife
or her property or her Estate niight be responsible and shall indemnify and save harmless
Page 8
!
, ,<
, "
Wife from any and all claims or demands made against her by reason of debts or
obligations so incurred by him.
13. HUSBAND'S ESTATE
Wife agrees that, as of the date of execution of this Agreement, she will release
any and all claims which she would have in Husband's Estate, regardless of whether he
would die testate or intestate, and Wife further agrees that she does hereby waive, release
and forever give up any right which she would have to elect against her Husband's Will
should any such Will now exist or hereafter come into being. Wife further releases any
claim which she might have to act as Executrix or Administratrix of Husband's Estate,
and further releases any claim which she would have to declare any exemption allowed
by any surviving spouse under the applicable laws of the Commonwealth of
Pennsylvania.
14. WIFE'S ESTATE
Husband agrees that, as ofthe date of execution of this Agreement, he will release
any and all claims which he would have in Wife's Estate, regardless of whether she
would die testate or intestate, and Husband further agrees that he does hereby waive,
release and forever give up any right which he would have to elect against his Wife's
Will should any such Will now exist or hereafter come into being. Husband further
releases any claim which he might have to act as Executor or administrator of Wife's
Estate, and further releases any claim which he would have to declare any exemption
allowed by any surviving spouse under the applicable laws of the Commonwealth of
Page 9
:,'f.
,
" ,
, "
, "
... t, ,
. ~ J
.' ,
Pennsylvania.
IS. ][)IVORCE
The parties acknowledge that an action for divorce between them has been filed
by Husband and is presently pending divorce between them in the Court of Common
rleas of Cumberland County to the caption Richard L. Bleyer, Sr., Plaintiffv. Deborah
L. Bleyer, Defendant, No. 2000-1143 Civil Term. The parties' acknowledge their
intention and agreement to proceed in said action to obtain a fmal decree in divorce by
mutual consent or the grounds that their marriage is irretrievably broken, and to settle
amicably and fully hereby all claims raised by either party in the divorce action. The
parties acknowledge they have executed simultaneously here with in the necessary
Affidavits of Con~ent for the entry of a final divorce decree in that action.
16. EFFECT OF DIVORCE DECREE
The parties agree that unless otherwise specifically provided for herein, this
Agreement shall continue in full force and effect after such time as a fmal decision in
divorce may be entered with respect to the parties. Husband and Wife agree that the
terms of this Agreement shall be incorporated but not merged into any divorce decree
which may be entered with respect to the parties and therefore Wife and Husband agree
and each of the parties does hereby warrant and represent to the other that should either
of them obtain a decree, judgment or order of separation or divorce in any state, country
or jurisdiction, that party will take all reasonable steps to have this Agreement
incorporated as part of any such decree, judgment or order. The parties further agree that
Page 10
, "
, "
. ~ I 1
I ~ _~'!
. . ~ t
the Court of Common Pleas which may enter such divorce decree shall retain contin\.ling
jurisdiction over the parties and the subject matter of the Agreement for the purposes of
enforcement of any of the provisions thereof.
Nevertheless, it specifically is understood and agreed by and between the parties
hereto and each of the said parties does hereby warrant and represent to the other that
should eith~r of the parties obtain a decree, judgment or order of separation or divorce
in any state, country or jurisdiction, each of the parties agrees that all of the provisions
of this Agreement shall not be affected in any way by such separation or divorce, it being
agreed by the parties that this Agreement shall continue in full force and effect after such
time as a final decree in divorce may be entered and shall survive and not be merged into
any such decree, judgment or order.
17. DATE OF EXECUTION
The "Date of Execution" or "Execution Date" of this Agreement shall be defined
as the date upon which it is executed by the parties, if they have executed tbis Agreement
on the same date. Otherwise, the "Date of Execution" or "Execution Date of this
Agreement shall be defmed as the date of execution by the party last executing this
Agreement. This Agreement shall be signed in triplicate with each copy acting in full
force and effect as an original.
18. CONFIRMATORY DOCUMENTS
Husband and Wife covenant and agree that they will forthwith and within at least
twenty (20) days after demand therefore, execute any and all written instruments,
Page 11
, .,
-, ,. ,
~ 4 I f
1 I I .J
1 ." l
assignments, releases, satisfactions, deeds, titles, notes or such other writings as may be
necessary or desirable for the proper effectuation of this Agreement. The parties will
further deliver to each other whatever personal papers, documents or writings that each
now possesses which are the property of the other.
19. MODIFICATION AND WAIVER
A modification or waiver of any of the provisions of this Agreement shall be
effected only if made in writing and executed with the same formality as this Agreement.
The failure of either party to insist upon the strict performance of any of the provisions
of this Agreernent shall not be construed as a waiver of any subsequent default of the
same similar nature.
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.
21. INDEPENDENT SEPARATE COVENANTS
It is specifically understood and agreed by and between the parties hereto that each
paragraph hereof shall be deemed to be a separate and independent Agreement.
22. 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
Page 12
, .'
,
~ ".' to
-.. ,--. .
~ -..J," f
1 I' .~.
Agreement shall be valid and continue in full force, effect and operation.
23. BANKRUPTCY
The parties acknowledge and agree that they have specifically structured this
Agreement so that the terms, covenants and conditions set forth herein are non-
dischargeable in bankruptcy, under 11 D.S.C. ~ 523 (a) (5), ~ 523 (a) (15) or otherwise.
It is further specifically acknowledged, represented and understood that as a part of the
consideration of the rnaking of this Agreement, that:
a. such obligation is for alimony to, maintenance for or support of the
other party;
b. the party filing bankruptcy, hereafter the "filing party has the
ability to pay such debt from income or property not reasonably
necessary to be expended for the maintenance or support of the
filing party or of a dependent of the filing party or if such party is
engaged in a business, for the payment of expenditures necessary
for the continuation, preservation and operation of such business;
c. discharging such a debt will not result in a benefit to the filing party
that would outweigh the detrimental consequences to the other
party or a child of the filing party. Both parties further
acknowledge that the preceding terms and representations set forth
their actual intent.
Page 13
, ,.
.
t (~ .
~ .... Il
.. (-, J
.. ~ I _~r:
.. .~ -, r
24. AGREEMENT BINDING ON HEIRS
This Agreement shall be binding and shall inure to the benefit of the parties hereto
and their respective heirs, executors, administrators, successors and assigns.
25. LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania.
26. ACKNOWLEDGMENT
Each party to this Agreement acknowledges and declares that he or she
respectively:
a. Is 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;
and
b. Enters into this Agreement voluntarily and intelligently and after receiving
the advice of independent counsel, or after having had the opportunity to
seek the advice of independent counsel, or after having been fully advised
of the advisability of seeking the advice of independent counsel, free from
fraud, undue influence, coercion, or duress of any kind; and
c. Has given careful mature thought to the making of the Agreement; and
d. Has carefully read each provision of this Agreement; and
e. Thoughtfully and completely understands each provision of this
Agreement; and
Page 14
, ,
. l " *
~ .' ;.."'.,} .. . I ;"'1
f. Agrees that the provisions of this Agreement are fair, adequate, equitable,
and satisfactory and executed by both parties in, as and for final settlement
and satisfaction of all claims and demands or any nature whatsoever, and
after a full Disclosure by the parties of all facts bearing upon and
pertaining to the provisions of this Agreement, including both parties net
worth.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals the day and year written.
k ~L.I!?-I;C-
Richard 1.. Bleyer, r.
'?-/3--tl'tl
Date
t;~~ yt/ ~ ~
ileen H. Smink, Esq,
Counsel for Richard 1.. Bleyer
.s--/~ cPZJ
Date
UJJrt~ i. jg'=7~J
De60rah 1.. Bieyer
KfbL'W", E'q
Counsel for Deborah 1.. Bleyer
dfyjtycJ
5 ~'f~()
Date
Page 15
.'. -...
ft '....'
..
, .
() 0 0
c: 0 ."
:s:: ;= --I
\:it;::; :r~
mrn i= 1"11,:Q
Z:u f ,.m
z;;:- :6f,
g:~ Cf) 0)
~:r"""'} "'" :;:i..j-,
..- " e;:zJ
~C) =c -,,-0
=0 Orn
PC ';:;!
~ => ::0
en -<
v.
~
~
~
~
~
~
~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD L. BLEYER, SR.,
Plaintiff
NO. 2000 - 1143
DEBORAH L. BLEYER,
Defendant
CIVIL ACTION - IN DIVORCE
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 330l(c).
2. Date and manner of service of the complaint: March 3, 2000. Defendant
received and signed service of the complaint via certified mail, see Certificate
of Service.
3. Date of execution of the Affidavit of consent required by Section 330l(c) of
the Divorce Code: by Plaintiff June 21,2000; by Defendant June 21,2000.
4. Related claims pending: no other marital claims pending.
5. Notice ofIntention to Request Entry of Divorce Decree, waived on June 21,
2000, see Waiver of Notice,
~~Cf:-\~""'A"-\:C (",ce)
Eileen H. Smink, Esquire
Attorney for Plaintiff
Supreme Court LD. No. 79158
Law Office of Laguna Reyes Maloney
15 North Front Street, Suite 203
Steelton, PA 17113
(717)939-4429
(") = 0
c: = -n
~ .
--ocr; ?= d:;:n
mrr: "',-
z::o ",-,\0
Zr;:: 0"' 0;.(
enS;
~e ",. ~~
- . ~ 1.:.)(-)
:zc> ~
0 ~rn
>c: :::j
z -=> ::!O:
=< Ul ~
.
,
,
RICHARD L. BLEYER, SR.,
Plaintiff
v.
~
~
~
~
~
~
~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
2000 - / /J.;3
Cc.1.r~
DEBORAH L. BLEYER,
Defendant
CIVIL ACTION - IN 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 will proceed without you and a decree in divorce or annulment may 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 at the First Floor, Dauphin County Courthouse, Front and
Market Streets, Harrisburg, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
.
RICHARID L. BLEYER, SR.,
Plaintiff
v.
~
~
~
~
~
~
~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000 - 11'13 &:.:t 7.:U-
DEBORAH L. BLEYER,
Defendant
CIVIL ACTION - IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, comes the Plaintiff, Richard L. Bleyer, Sr., by and through his attorney,
Laguna Reyes Maloney, LLP, and represents as follows:
1. Plaintiff is Richard L. Bleyer, Sr., an adult individual currently residing at 8A Apt.
101 Richland Lane, Camp Hill, Cumberland County, Pennsylvania 17011.
2. Defendant is Deborah L. Bleyer, an adult individual currently residing at 116 East
Columbia Road, Enola, Cumberland County, Pennsylvania 17025.
3. Plaintiff and Defendant are both bona fide residents of the Commonwealth of
Pennsylvania and have been so for at least six months immediately prior to the filing
of this Complaint.
4. Plaintiff and Defendant were married in Pennsylvania on May 8, 1971.
5. Plaintiff and Defendant are citizens of the United States of America.
6. The Defendant is not a member of the Armed Forces of the United States of America
or its Allies.
7. Plaintiff avers that there are two children of the parties under the age of 18, namely:
Michael P. Bleyer, born November 19,1985 and Matthew A. Bleyer, born June 3,
1987.
.
COUNT I
IRRETRIEVABLE BREAKDOWN
3301(c) of the Divorce Code
8. Paragraphs 1 through 7 are hereby incorporated by reference and made a part hereof.
9. The marriage is irretrievably broken:
a. Plaintiff and Defendant have lived separate and apart since September 1996
and continue to live separate and apart as of the date of filing this Complaint.
b. Plaintiff desires a divorce based upon the belief that Defendant will, after
ninety days from the date of the filing of this Complaint, consent to this
divorce.
10. The Plaintiff has been advised of the availability of counseling and the right to
request that the Court require the parties to participate in counseling. Knowing this,
the Plaintiff does not desire that the Court require the parties to participate in
counseling.
11. Plaintiff requests the Court to enter a decree of divorce.
COUNT II
EOUITABLE DISTRIBUTION
3502(a) ofthe Divorce Code
12. Paragraphs I through 11 are incorporated herein by reference as if set forth in their
full text.
13. Plaintiff and Defendant are joint owners of various items of personal property,
furniture, and household furnishings acquired during their marriage which are
subject to equitable distribution.
14. Plaintiff and Defendant have incurred debts and obligations during their marriage
which are subject to equitable distribution.
,
'.
WHEREFORE, Plaintiff prays that a judgment be entered in favor of the Plaintiff
against the Defendant as follows:
1. As to Count I, that a decree in divorce be entered divorcing Plainti ff from the
bonds of matrimony between the said Plaintiff and Defendant.
2. As to Count II, that your Honorable Court enter a decree equitably dividing
the parties' property and equitably apportioning the debts incurred by the
parties.
3. Such other additional relief as the Court deems necessary and appropriate,
Respectfully submitted,
Laguna Reyes Maloney, LLP
Date: ,,;!-,;?1P()O
Of ~ ~'
BY:~ ~ ~
Eile Haug Smink, squire
Supreme Court LD. No.: 79158
Attorneys for Plaintiff
15 North Front Street, Suite 203
Steelton, PA 17113
(717) 939-4429
VERIFICATION
I verifY that the statements made in this divorce complaint are true and correct. I
understand that false statements made herein may subject me to penalties ofPa.C.S. 94904
relating to unsworn falsification to authorities.
~^~u ( Pf- C
, ichard L. Bleyer, r., Plaintiff
Date: 2. -23 -ot>
-iP..
erR - "- ~ 8
~ '- (jJ n R ..~.
"> ~ ~ ~ c..: -
i:-\l, .~'-->
8 .",
E 0 ,-.
0 0 s~~:.: .::;:; ~J'
C) ... ..
--0 '-.l 0 ~:~ ~~)
. ~~ ' '.:J ..
"- i' , I ~!_~' --:;. ': -'~~
-0 .... ~ --
~ ~ ~~ ~ .-"'....... -.
Z;."" " '~
'--"C: '.::: ~..-:
Z
r:~ ~ - =~..,
-< =<
f2
....---
.
, ,
RICHARD L. BLEYER, SR.,
Plaintiff
v.
~
~
~
~
~
~
~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLV ANlA
DEBORAH L. BLEYER,
Defendant
NO. aOCO-ll'-\o
CIVIL ACTION - IN DIVORCE
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I served a certified copy of the Complaint in Divorce
filed in the above-captioned matter upon Deborah L. Bleyer, by certified mail, return receipt
requested, on 1/Ui./1/l'dl . J..'j ;;; 07.1'0 ,addressed as follows:
Deborah L. Bleyer
116 East Columbia Road
Enola, PA 17025
and did thereafter receive same as evidenced by the attached Post Office receipt card dated
7Yl aA./C.JL A /J ()7fV .
~ -- -
I verifY that the statements made in the foregoing affidavit of service are true and
correct to the best of my knowledge, information and belief. I understand that false
statements herein made are subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn
falsification to authorities.
Respectfully submitted,
Date: hi in I ()()
I J
B~~ih~~
Eileen Haug Smink, Esquire
Supreme Court LD. No.: 79158
~
..
I. 276 .502 1;157
Postage
$
Certified Fee
Spedal Delivery Fee
'"
'"
'"
, ;;:?- f)
$..3
~g-7
. Complete items 1, 2. and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mal/piece,
or on the front if space permits.
1. Article Addressed to:
;J)e'ccm. \, J... .~lx.'(f~
\\ \0 E-08+ Co-~~~.
Cr.o l[L 7Pr n () 3';)
T
-
'-'
;..
~
~.
c-_.
OJ
:JD
.5'
g Agent
e
? 0 Yes
DNa
3. Service Type
)i( Certified Mail 0 Express Mail
o Registered 0 Retum Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number (Copy from service label)
C 2"llo SOd (,5r
PS Form 3811, July 1999 '
DomeStic Retym Receipt
'.
.j. --'--------
_n---'-.:
-r
~ ol!
.
(") c:> 0
c:: 0 .on
s:: '- "-l
-0 eo c= i~p1
mrn =
2::.0 w ::;;,E9
:ZC;::
~~. a 96
[<0 -0 '.'j"'" '"T,
--n
~(") :x Q5
5>8 ':? om
..~
Z w 55
=< -<
-'i'
"
=-.'
,
. '
~~----...:.-
v.
s
s
s
s
s
s
s
"...- - - -~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD L. BLEYER, SR.,
Plaintiff
DEBORAH L. BLEYER,
Defendant
NO. '<;CCO- II L~-3
CIVIL ACTION - IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER
OF NOTICE TO REOUEST ENTRY OF A DIVORCE DECREE
UNDER ~ 3301(c) OF THE DIVORCE CODE
I. AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed
on rc'oruoyuOF'l,fio60 .
I .
2. The Marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of the filing of the Complaint.
3. I consent to the entry of the final Decree of Divorce.
4. I have been advised of the availability of marriage counseling, that I may
request that the Court require that my spouse and I participate in counseling,
and that the Court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request. Being so advised, I decline
to request that the Court require that my spouse and I participate in
counseling.
5. 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.
II. WAIVER OF NOTICE
6. I consent to the entry of the final Decree of Divorce without notice.
7. I understand that I will not be divorced until a divorce decree is entered by the
---
-"i -.' .
_':._~-
Court and that a copy of the decree will be sent to me immediately after it is
filed with the Prothonotary.
8. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING
AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT
FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE
PENALTIES OF 18 P A. C.S. SECTION 4904 RELATING TO UNSWORN
FALSIFICATION TO AUTHORITIES.
/..,-;)..}- oV
Date
I(A~~L JJiR/ r.
RICHARD L. BLEY R, SR.
c
,.'"
0 0 0
c:: 0 ,l
s: C ;::}
""'OeD :'l'~#
rnrn z
Z :D W '."')i<1
zr;:- "'9
c..o. ,.... 0 ;:1(:,
"<~.
~c -0 ~-' ...,.
r:....""l
~(") :Jl: ~E5
5g r;.;"J ~m
c.--:
~
Z w ::0
=< '<
.-
..-' ..
t -:7 .
RICHARD L. BLEYER, SR.,
Plaintiff
v.
~
~
~
~
~
~
~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. .;\000 - 1\Y.3,
DEBORAH L. BLEYER,
Defendant
CIVIL ACTION. IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER
OF NOTICE TO REOUEST ENTRY OF A DIVORCE DECREE
UNDER & 3301(c) OF THE DIVORCE CODE
I. AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 ( c) of the Divorce Code was filed
on Fe,b,..lN'-f'it ;;1.'\ \ .:l.bCCI.
2. The Marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of the filing of the Complaint.
3. I consent to the entry of the final Decree of Divorce.
4. I have been advised of the availability of marriage counseling, that I may
request that the Court require that my spouse and I participate in counseling,
and that the Court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request. Being so advised, I decline
to request that the Court require that my spouse and I participate in
counseling.
5. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before a divorcds granted.
II. WAIVER OF NOTICE
6. I consent to the entry of the final Decree of Divorce without notice.
7. I understand that I will not be divorced until a divorce decree is entered by the
~.
. ...'1""--"
'=. ..., t"
Court and that a copy of the decree will be sent to me immediately after it is
filed with the Prothonotary,
8. I VERlFY THAT THE STATEMENTS MADE IN THE FOREGOING
AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT
FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE
PENALTIES OF 18 P A. C.S. SECTION 4904 RELATING TO UNSWORN
FALSIFICATION TO AUTHORlTIES.
, hI !2f}(70
.
Date
fJ.JruL h . 13~j,A/
DEBORAH L. BLEYE
.... ^
, -".
--
(") 0 ,0
c:: = ...,.,
s: <- O~
;:gw r:::: ~"
z93 -= :: 1'i :;g
ZS:o ill -:_1fJ:l
w:. 0 ~- ,( I
-<2 ~;;h?
r::r-:
~~ -0
~O ::J;: O~
::;>0 ":? .z~
c: 0'"
~ ""'> s;'
:0.
-<.
r
JONATHAN C. JAMES, Esquire
Identification No. 68214
CAPOZZI AND ASSOCIA TES,P.C.
3109 North Front Street
Harrisburg, PA 17110
(717) 233- 4101.
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COM:MON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Beverly Health And Rehabilitation
Services, Inc., D/B/A
Camp Hill Care Center
46 Erford Road
Camp Hill, Pennsylvania 17011
Plaintiff,
v.
The Estate of Alice Johns
311 Walton Street
Lemoyne, P A 17043
CNIL COMPLAINT
NO. 2000 - 1145
Ms. Sharon Strebig
311 Walton Street
Lemoyne, P A 17043
Individually and as Attorney in Fact
for Alice Johns
Defendants,
CERTIFICATE OF SERVICE
I certify that I am serving a copy ofthe PLAINTIFF'S FIRST SET OF
CONTINUING INTERROGATORlES upon the person and in the manner indicated'
below: Service by First-Class, U.S. Mail and addressed as follows:
Gregory J, Katshir, Esquire
900 Market Street
043
Date: ~ 1;2.. '2..vW
.
onath C. James
Ie' cation No. 68214
CAPOZZI AND ASSOCIATES, P.c.
3109 North Front Street
Harrisburg, P A 1711 0
(717) 233- 4101
2
JONATHAN C. JAMES, Esquire
Identification No. 68214
CAPOZZI AND ASSOCIATES, P.C.
3109 North Front Street
Harrisburg,PA 17110
(717) 233- 4101.
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COM:MON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Beverly Health And Rehabilitation
Services, Inc" D/B/A
Camp Hill Care Center
46 Erford Road
Camp Hill, Pennsylvania 17011
Plaintiff,
v.
The Estate of Alice Johns
311 Walton Street
Lemoyne, PA 17043
CIVlL COMPLAINT
NO. 2000 - 1145
Ms. Sharon Strebig
311 Walton Street
Lemoyne, P A 17043
Individually and as Attorney in Fact
for Alice Johns
Defendants,
PLAINTIFF'S FIRST SET OF CONTINUING lNTERROGA TORIES
TO: Sharon Strebig, Gregory J. Katshir, Esquire
You are notified that under the provision of Rule 4005 of the Rules of Civil
Procedure, you are required to make written, full and complete answers, under oath, to
the following Interrogatories witbin thirty (30) days of their service upon you. These
Interrogatories are continuing, and any information secured subsequent to the filing of
your answers, which would have been included in the answers had it been known or
available, are to be supplied by supplemental answers.
3
INSTRUCTIONS
These interrogatories shall be deemed continuing in nature so as to require the prompt
filing of supplemental answers if you obtain further relevant information between the
time that the answers are served and the time of the trial.
Each interrogatory and sub-part of each interrogatory is to be answered separately and as
completely as possible.
Each interrogatory is addressed to your personal knowledge and information and to the
knowledge and information of your attorneys, accountants, agents, employees,
consultants, business entities and representatives, and other representatives.
If an interrogatory asks for information which could have, at some time, been answered
by consulting documents which no longer exist, then in answer to such interrogatory:
Identif'y what information was contained in such documents;
Identify all of the type(s) of documents that contained such information;
State the time period during which such documents were maintained;
State the circumstances under which such documents ceased to exist;
State the date on which such documents ceased to exist;
Identif'y all persons having knowledge of the circumstances under wbich such documents
ceased to exist; and
Identify all persons who have knowledge or had knowledge of the documents and the
contents thereof.
Whenever an interrogatory calls for the identity of a document or non-written
communication claimed by you to be privileged, include in the statement of the identity
of such document or non-written communication, the fact and nature of such claim of
privilege and the basis for the assertion of such claim.
No answer is to be left blank. Ifthe answer to an interrogatory or subparagraph of an
interrogatory is "none" or "unknown" such statement must be written in the answer. If
the question is inapplicable, "N! A" must be written in the answer.
4
DEFINITIONS
The words "you" and "your" include those individuals and/or entities acting on your
behalf, including but not limited to attorneys, accountants, agents, consultants,
employees, business entities or representatives, or other representatives,
The words "document" and "documents" include without limitation, any written,
recorded or graphic matter, however produced or reproduced, including but not limited to
correspondence, charts, contracts, agreements, notes, computer printouts, memoranda,
analyses, appraisals, projections, work papers, orders, sunnnaries, invoices, bills, checks,
bank statements, broker statement~, buy-sell slips, diaries, calendars, photographs, tax
returns, financial statements, management reports, audit reports, special purpose reports,
deeds, mortgages, settlement sheets, corporate minutes and by-laws, loan applications,
financial records and all other such tangible or retrievable documents of any kind. When
any of the foregoing documents are referred to, the reference shall include the original
and each copy, draft and amendment thereof having any writing, notation, correction or
markings unique to such copy, draft, or amendment.
The words "identity" or "identify" as used in reference to an individual means to set forth
his or her full name, bis or her present, or last known, business or home address, and bis
or her job title.
The words "identity" or "identify" as used in connection with a "document" or
"documents" means to state the following for each copy ofthe document wbich contains
different notations:
Its date;
The identity of its author(s);
The identity of the individual(s) to whom it was addressed;
The format ofthe document(s);
The title;
The number of pages;
The identity of the individual(s) known or believed to have custody of each copy of the
document having notations unique to such copies; and
A detailed description of the substance ofthe document.
5
If the burden of deriving or ascertaining the answers would be substantially the same for
the answering party as for the serving party, the answering party may give the serving
party an opportunity to review and make copies of the relevant documents.
The phrase "relating to" shall be interpreted generally, including, but, not limited to,
"directly" or "indirectly referring to", ffbearing onll, "concerningrr or rrregarding".
The phrases "Relevant Time Period" and "The Relevant Date" shall mean at any time
during the period between the relevant date and the present.
The phrase "affiliated company" shall mean any entity in wbich you directly or indirectly
have any interest as well as any entity controlling or controlled by or under common
control with any such other entity.
6
Question 1.
Please list all real property in wbich Alice Johns had an interest after 1992,
ANSWER
7
Question 2.
If Alice Johns transferred or had transferred her interest in any real property, anywhere,
after 1 January 1994 please describe, in detail, a description of the real property, the
interest conveyed, the parties to the transfer and the consideration received. To the extent
Sharon Strebig assisted, facilitated, helped or otherwise participated in the transfer, please
describe.
ANSWER
8
Question 3.
Please list all businesses, in wbich Alice Johns had an interest after 1 January 1994.
Describe in detail the nature of her interest in these businesses.
ANSWER
9
Question 4.
If Alice Johns transferred or had transferred her interest in any business, anywhere, after
1 January 1994 please describe, in detail, a description of the business, the interest
conveyed, the parties to the transfer and the consideration received. To the extent Sharon
Strebig assisted, facilitated, helped or otherwise participated in the transfer, please
describe.
ANSWER
10
Question 5.
Did Alice Johns own her primary residence prior to admission to Camp Hill Care Center?
ANSWER
11
Question 6.
Sharon Strebig acted as Attorney in Fact for Alice Johns.
Please provide a detailed chronological accounting of Sharon Strebig's actions as
Attorney in Fact for Alice Johns. Include a detailed description of all dispositions of
assets, transfers of assets, or any other financial transactions involving Alice Johns'
personal property, realty or other valuable property or interest of any kind,
ANSWER
12
Question 7.
Please provide a detailed description of the estate of Alice Johns. Please include in your
description a full inventory ofthe estate of Alice Johns. Please list items that have been
dispersed and to whom the items have been distributed. Please indicate the name,
address, and phone number of the Personal Representative or Executor for the estate of
Alice Johns,
ANSWER
13
Question 8.
Plaintiff alleges Sharon Strebig had access to Alice Johns' fmancial information. Please
describe, in detail, the nature and extent to which Sharon Strebig had knowledge of Alice
Johns' financial position before 1 April 1999. The description shall include but not be
limited to knowledge of:
. Alice Johns' checkbook amounts;
. Alice Johns' bank accounts;
. Real property owned by Alice Johns in whole or in part;
. All transfers of interests in real property occurring witbin 18 months of the
execution of the Power of Attorney;
. Alice Johns' possession of collectibles with a net value greater than $50.00;
. Alice Johns' ownersbip of Certificates of Deposit, Stocks, Securities, precious
stones and! or metals;
. Alice Johns' insurance policies, if any;
. Instances where Sharon Strebig or Alice Johns is/ was named as a beneficiary;
. Creditor's of Alice Johns;
. Alice Johns' net worth.
ANSWER
14
Question 9.
For all funds of Alice Johns maintained in bank accounts after 1 April 1997 that were
transferred, please provide the following information:
. Name, address and telephone number of the [mancial institution where the
account was maintained;
. Account Identification number in wbich the funds were held prior to transfer;
. Total sum of funds transferred;
. Purpose of the transfer;
. Identity, name, personal and business address of all individuals involved in the
transfer;
. Identification number of the account to wbich the funds were transferred;
. Date of the transfer.
ANSWER
15
Question 10,
To the extent not already referenced, please provide a detailed description of how Sharon
Strebig in her capacity as trustee, attorney-in-fact or in any other fiduciary capacity
collected and disposed ofthe assets of Alice Johns.
ANSWER
16
Understanding false statements herein made subject to the penalties of 18 Pa. C.S,
Section 4904, unsworn falsification to Authorities, I verify that 1 the facts set forth above
are true and correct to the best of my knowledge, information and belief.
Date:
17
o
,]fi
nll,1
~;~
~~~
0~C'
c ~.
-::1
-<
<::)
<::)
~
--l
.fR _
?n :!J
-- Fri
0"""9
l~~
~~c)
--',"
r~:D
~(")
om
--l
~
-<
~-
-,'\>
:i'"~
-<:
"0
'-'"
-0
'-:?
:::0
co