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HomeMy WebLinkAbout00-01863 , f\ .n \ ,} \ ~/ I ~ . ~ . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PENNA. STATE OF RAYMOND PAUL FISHER No. 00-1863 PLAINTIFF VERSUS KATHRYN ELIZABETH FISHER . DEFENDANT DECREE IN DIVORCE . . 4' c.=nA..... ;6~ ,IT IS ORDERED AND . f/t.wJ..~ AND NOW, DECREED THAT RAYMOND PAUL FISHER , PLAINTIFF, . . AND KATHRYN ELIZABETH FISHER , DEFENDANT, ARE DIVORCED FROM THE BONDS 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 SEEN ENTERED; NONE. The Separation and Settlement Agreement, dated May 10, 2000, is . . reference but is not merged into this Decree. 8 Arrm't~ J. PROTHONOTARY _'n'_ __ 'I 1- ~, ~- <- ...,~_ -', ( .'1'.1., 0) . 'I' I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '~i.~--:""''::'_:' '"l!i1i.J;J.J;:J~ --~~"- :.3.a1Q . CJd J ~'4;2 . r ...... ..~_.=_."""" . . ~ ~ . '>. ~" "-,.f r.-:'-.. '-.-" '. ~., . Ck/-~~ ~;%. 4 ~~ 7l~~;$~ 1 .. '. . . SEPARATION AND SETTLEMENT AGREEMENT THIS AGREEMENT, made this 10 day of~, 2000, by and between Ray P. Fisher, hereinafter referred to as "Husband," and Kathryn E. Fisher, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 17, 1 990; and WHEREAS, certain differences arose between the parties as a result of which they separated on March 28, 2000, and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship any provisions of prior agreement between them to the contrary notwithstanding; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband, by his attorney, Edward J. Weintraub, Esquire, and Wife, by her attorney, NQ filE: , Esquire, (None) have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: :4 (Initials) I~ (Initials) . ~~ 1. SEPARA TION: It shall be lawful for each party at all times hereafter to live separate and apart from the other as such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nor in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Other than the debts indicated in Paragraph 5 below Wife represents and warrants to Husband that since March 28, 2000, she has not, and in the future, she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Other than the debts indicated in Paragraph 5 below, Husband represents and warrants to Wife that since March 28, 2000, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 2 /;Cf (Initials) ( IF (Initials) ~~,... ~"' - ^~- 5. OUTSTANDING JOINT DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this agreement, except as follows: PERSON(S) NOW DESCRIPTION AMOUNT RESPONSIBLE A. GMAC Mortgage $91,765 H B. ADVANTA Mortgage $44,000 H C. Chase $300 H D, Capital One $6,300 H E. Fleet $5,800 H F. Saturn Loan $11,000 (same as 401 K?) H G. MBNA $2,876 W H. National City $2,862 W I. Chase $8,217 W J. Hecut $168 W The parties agree that Husband shall 'be responsible for paying debts A,B,C,D and E above and Wife shall be responsible for paying debts F,G,H,I and J. Each party agrees to pay the outstanding joint debts as allocated and further agrees to indemnify and save harmless the other from any liability for such debts or obligations. In the event that either party contracted or incurred any debts, other than those specifically identified herein since March 28, 2000, the party who incurred the debt shall be responsible for its payment regardless of the name in which the account may have been charged and agrees to indemnify and hold harmless the other for any liability for such debts. 3 I(Er (Initials) ff (Initials) -,,-" ~-- ,--, 6. MUTUAL RELEASE: Except as provided in this Agreement, each party waives his or her right to alimony and any further distribution of property because both agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION: A. Husband has enjoyed exclusive possession of the former marital residence since the parties separated. Wife agrees to transfer to Husband immediately upon signing of this Agreement, all of her interest in, and title to, their jointly owned real estate at 36 Greenmont Drive, Enola, Pennsylvania 17025, subject to the rnortgage(s) of approximately ninety-one thousand seven hundred and sixty-five ($91,765) Dollars and forty-four thousand Dollars ($44,000) given to GMACand Advanta, in exchange for which Husband agrees to be solely responsible for the payment of all future mortgage payments, taxes, insurances and utility bills relative to said real estate. Husband covenants and agrees to pay and discharge the existing mortgage obligations on said premises and agrees to indemnify Wife from any loss by reason of any default in payment and agrees to save Wife harmless from any future liability with regard thereto. (1) On the date of the execution of this Agreement, Wife shall deliver to Husband a deed to be prepared by Husband's counsel transferring and A f (Initials) 4 /{EF (Initials) !YT conveying to Husband all of their right, title, claim and interest in and to the real estate located at 36 Greenmont Drive, Enola, Pennsylvania 17025. Thereafter, Husband shall be the sole owner of the real estate and shall be permitted to record the deed and take any other action with respect thereto that he deems appropriate. (2) Wife agrees that upon the execution of the deed, Husband shall become the sole owner of any and all homeowner's policies, title policies and any other policy of insurance with respect to the real estate and shall be entitled to receive any payments now or hereafter due under such insurance policies. B. Contents of The Marital Residence: As of the date of the execution of this Agreement, Wife shall set over, transfer and assign to Husband all of her right, title, claim and interest in and to the furniture, furnishings, fixtures, goods, appliances, equipment and personal items within the former marital residence. 1 bedroom armory for clothes 1 bedroom dresser 1 green loveseat pull out bed 1 Denon Stereo cabinet 1 pair of Genesis 20 speakers 1 round kitchen table queen size sheets 3 black small book cases 3 phones 1 battery powered pencil sharpener 1 microwave 1 gas grill 1 phone stand 1 Dewatt drill 1 battery powered circular saw -L(InitialS) 5 J<EF (Initials) . "-- -, -, 1 Dremel tool 1 other hand tools 1 Kayak Scuba gear 1 Kerosene heater I Nikon camera with extra zoom lens 1 Air Hot popcorn machine 1 pair of Boston small speakers 1 microwave stand 1 small TV stand 1 desk chair 2 deck chairs 3 plastic clothes hampers 5 trash cans (2-small, 1-kitchen, 2-garage) 1 humidifier 1 foot massager 1 Bissel Wet vacuum 1 train table and control panel N scale trains 1 stamp collection 1 German Beer Stein My clothes and stuff I wear, skis, skates, coats 1 queen size bed 1 queen size head board and light 1 hand gun Beratta 92fs 1 shotgun 1 rifle and scope 1 gun cabinet -L(InitiaIS) 6 K!:fC (Initials) ( r, ~ . .' 1 coffee table 1 Composite Bow 1 Sears computer desk 1 small role top desk 1 wood book case 1 466 computer Junk in basement and upstairs bedroom My brothers comics in basement My book and pictures My coins My shells 1 dark end table tools 1 fondue pot 1 candle holder 1 Denon turntable, cassette player, turner and amp My small stuff not mentioned 1 white and blue lamp 1 blue lamp 1 brass desk lamp 1 old white dresser 1 Turkish trick box My records and CD's I sax I Army sword Husband will deliver to Wife the following: 1 full size bed and green head board Her clothes and stuff she wears, skates, coats ~'f (Initials) 7 t, ~ r (Initials) , ~:,,'~ ~ I cable box 1 bedroom dresser green Her books and pictures Her junk in the basement and upstairs bedroom 1 Unicorn lamp 1 Black lamp Her small stuff not mentioned Her bell collection 1 old wooden dresser 1 Bombay jeweler box Her records and CD's 1 toaster 1 Crock-Pot set 1 vanity 1 mountain bike 3 TV's (2-19 inch and 1-27 inch) 3 VCR's 1 seat Massager 1 cherry computer desk 1 kitchen table bench set; bench, 2 chairs, table 1 chess board coffee table full bed size sheets towels face clothes 1 sofa in basement 1 chair in basement 1-3 section sofa in living room 1 extra refrigerator in garage -L(Initials) 8 ;(8;:: (Initials) '" - 1 extra stove in garage 1 food cabinet dishes pots and pans utensils food in the house 1 cherry display case cabinet 1 set of fondue forks 1-2 samurai sward set 2 hunting knives 1 Fantom bag less vacuum 1 Dirt Devil vacuum 1 Husband's wedding band 1 black onyx ring 1 diamond ring 1 diamond engagement ring 1 sapphire and diamond heart pendant 1 sapphire and diamond bracelet 1 sapphire and diamond ring 1 ruby ring 1 blue topaz ring 1 emerald ring 1 amethyst ring 1 silver bracelet 1 pare of garnet and gold earrings 1 Aiwa surround sound stereo 1 Sound Design stereo 1 Commodore Computer ~(InitialS) "", -~ 9 /( f;J::: (Initials) , ,h 1 Casio Keyboard 1 Drafting table and chair 1 indoor grill 1 Video camera 1 Polaroid earners 1 inflatable canoe 1 Yamaha CD changer player 1 large oak TV cabinet Her stuffed animals Her Beanie Babies 2-oak color end tables Except for her dogs, Wife shall remove her items from 36 Greenmont Drive, Enola, within thirty (30) days following the execution of this Agreement. No later than September 1, 2000, Wife shall remove her dogs Strawberry and Molson from the former marital residence. Until then, Husband shall provide them with reasonable care at the house and will permit Wife to visit the dogs outside the house, picking-up and returning the dogs to Husband at his convenience. Wife shall give Husband prior notice by telephone if she wants to set-up a visit with the dogs. c. Contents of Wife's Residence: As of the date of the execution of this Agreement, Husband shall set over, transfer and assign to Wife all of his right, title, claim and interest in and to the furniture, furnishings, fixtures, goods, appliances, equipment and personal items within Wife's residence. D. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: 10 ,If'fC- (Initials) ~(Initials) '-.,_7,' ( 1 ) Wife shall retain the 1 998 Saturn and shall promptly assume responsibility for the loan thereon, obtaining Husband's release from liability. Failing Husband's unconditional release, the car shall be sold or delivered to the lender. (2) Wife shall retain the 1994 Geo Metro. (3) All automobile titles and insurance policies will be corrected to reflect the ownership of each vehicle within ten (10) days following the entry of a final decree of divorce between the parties. E. Individual Retirement Accounts, Pensions And Employment Benefits: Each party shall retain sole ownership and control of his or her IRA's, Pensions and Employment benefits. Specifically, Husband shall retain his 401 K (approximately $30,000), his EDS Stock {70 shares at $50 per sharel and stock incentive plan. F. Joint Bank and Charge Accounts: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any such account. Wife shall retain all of the current balances in her current savings and checking accounts. G. Property to Wife: The parties agree that Wife shall own, posses, and enjoy free from any claims of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. ~r (Initials) 11 (e-E (Initials) H. Property to Husband: The parties agree that Husband shall own, possess, and enjoy free from any claims of Wife, the property awarded to her by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. I. Miscellaneous Property: All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. J. Tax Liability: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co- owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. LIFE INSURANCE: Each party shall continue to own any life insurance policies currently in effect, without restriction as to the designation of beneficiaries. 9. ALIMONY: Both parties mutually waive all support, alimony and maintenance of any kind from the other party. Wife acknowledges and agrees that the provisions of this Agreement providing for the waiver of alimony to her by her Husband are fair, adequate, and satisfactory to her and are based upon her actual need, her Husband's 12 ,t;::: y::: (Initials) t . f(F (Initials) , ~ , I ,-- . , ability to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction in connection with this action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 12 Pa.C.S.A. Section 3701, as amended, this Agreement. insofar as it pertains only to support for Wife and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated, or reinstated at the instance of request of the Wife or Husband, or subject to further order of any court upon changed circumstances of the Wife or Husband of a substantial or continuing nature, or for any reason claimed by Wife whatsoever. Upon that condition, Wife hereby accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that she may now or hereafter have against Husband or her support and maintenance of herself and for alimony, and Husband and Wife further voluntarily and intelligently waives and relinquishes any right to seek a modification, suspension, termination, reinstitution, or other court order with respect to the terms of this Agreement pertaining to the payment of support to Wife or the payment of alimony by Husband. Husband acknowledges and agrees that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to him and are accepted by him in lieu of and in full and final settlement and satisfaction of any claims or demands that he may now have or hereafter have against the Wife for support, maintenance or alimony. Husband further voluntarily and intelligently waives and relinquishes any right to seek from the Wife any payment for support or alimony. 10. HEALTH INSURANCE: Husband agrees to continue to provide and pay for Wife's medical and hospitalization coverage until entry of a final decree in divorce. Thereafter via tr (Initials) 13 iL.!!" F (Initials) I COBRA, additional health care coverage may be obtained at the sole cost of Wife. Any payments for health insurance will not be considered alimony and are not included with the income of the Wife within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954 and not deductible from Husband's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954. 11. ALIMONY PENDENTE LITE, COUNSEL FEES AN EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of the proceedings for divorce or annulment between the parties. 12. INCOME TAX RETURNS: The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be responsible for the actions, misrepresentations or failures to disclose separate income resulting in tax liability. The parties filed jointly in 1 999 and shall file separately in 2000 and thereafter. ~ 'f (Initials) 14 J!....E;C (Initials) f . , 13. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 14. AGREEMENT NOT PREDICA TED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non- prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting an action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this agreement is, for any reason illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be ~:r 15 )(t5~ 'N' . , . , . , estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 15. SUBSEQUENT RECONCILIA TION OR DIVORCE: Husband at his cost by his counsel has filed an action for divorce under Section 3301 Ic) and Id) of the Divorce Code. The parties may attempt to reconcile their marital difference, in which case Husband shall withdraw his Complaint in Divorce. Either party may propose that the other attend individual counseling as a precondition to any reconciliation and the parties may agree to attend joint counseling to address their marital issues. At any time after June 29, 2000, either party may deliver to the other written notice that the marriage is irretrievably broken and that reconciliation is impossible in which case both parties shall within ten (10) days sign Affidavits and Consent and Waivers of Notice to enable counsel for Husband to immediately act to finalize their divorce, providing Wife or her counsel with a duplicate decree. The parties further agree that each of them shall be responsible for their own attorney's fees. The parties shall be bound by the terms of this agreement, which shall be incorporated by reference into the Divorce Decree, shall not be merged in such Decree, but shall in all respects survive the same and be further binding as an enforceable contract, conclusive upon the parties. 16. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. Reasonable interest shall be assessed from the date of breach. A. This Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Ifr (Initials) !:EF (Initials) 16 -"''''.- - . , Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreement such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for, and in specific consideration of, the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid undue delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in terms or provisions of this Agreement by reason of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever, provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent or the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 17. ADDITIONAL INSTRUMENT: fF (Initials) 17 If:JI::-- (Initials) , , , . " Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 19. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and divisions of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by and any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 ~ seq. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 18 ~~~~(InitiaIS) ~F (Initials) ","" n " . ,. . . , . . r . 20. DISCLOSURE: Husband and Wife represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which either party has an interest, the sources and amount of the income of such party of every type whatsoever and of all other relevant and material facts relating to the subject matter of this Agreement. 21. MODIFICA TION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance on any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and have no effect. 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They have no effect whatsoever in determining the rights or obligations of the parties. 24. INDEPENDENT SEPARA TE 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 covenant and agreement. 25. APPLICABLE LA W: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 19 /;:;F (Initials) f.r (Initials) ~.~ . " . ,. " . . , ~ . 26. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 27. 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. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. ~IiU~ RAY . FISHER (SEAL) @~? S ~~AL) KA HRY . FISHER . -Jlfff- 4#"-'7 ~ou; /h- ~'7 Witness {I AT (Initials) J!...if (Initials) , 20 , , 'I - =~ I .. oil . . , , ~ " . COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF eVLWl.b.e~JA.^,d BEFORE ME, the undersigned authority, on this ~ day of ~ ' ~ personally appeared Kit ihtz.V 111 E; Fish e.Jt. ,known to me to be the person who executed the foregoing instrument, and who acknowledged to me that ,J::Ie~she executed same for the purposes and considerations therein expressed. t't11rj GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~ day of , '1-999.~ 0 ~'JJ;;/~ m~ No ry Public in and for the Commonwealth of Pennsylvania COMMONWEALTH OF PENNSYLVANIA COUNTY OF C.\AJlVl.Io~(4M:! Notarial Seal Judith A. Mundis, Notary Public Camp Hin Boro, Cumberland County My eommisillon Expires May 10, 2003 Member, PennsylVania AssocialIon 01 Notaries ss. BEFORE ME, the undersigned authority, on this ..J!L day of fII"'1 ,~ personally appeared 1<.4'1 'M~ fJ4'^-( !=;shell!:, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he\sI:Ie executed same for the purposes and considerations therein expressed. YVlAj GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~ day of , 1-999. d-<rrtl , f#u{Jt /J'-l?7u.... J -. No Public in and for the Commonwealth of Pennsvlvania Notarial Seel Judllh A. Mundis. Notary Public CamP Hill Boro, Cumberlai1d County My Commission Expires May 10, 2003 Member, Pennsy\Vllnla AssocialIon 01 Notaries " . " .' . !\ ..... _~ ~~~',.,.,.:'i!'!. ,~ . , "-~,.~,.~"'~~ ~'""' ~ "'0""" Cl ~,: :;o~ L:-t-,": ,- ~~'\i ..( ("'::" ,'.":" -;-- ~ ,",. o "n ---l ~Y.,'.JJ <:,.'3 -,,.") - (j) -J -'.:', ._xn ~:; -, "'-;-' :::<: ~:J 'J! ,0 ,~!~~1Iil " ,,!4J . .~ RAYMOND PAUL FISHER, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * VS. * NO. 00-1863 * KATHRYN ELIZABETH FISHER, * CIVIL ACTION - LAW Defendant * 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 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail, Restricted Delivery on March 29, 2000, Affidavit of Service is attached. 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by plaintiff: February 19,2002 and filed March 11, 2002; by defendant: February 19, 2002 and filed March 11, 2002. 4. Date plaintiffs Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: . by plaintiff: executed February 19,2002 and filed March 11, 2002; by defendant: executed February 19, 2002 and filed March 11, 2002. 5. REllated claims pending: None. 6. Plaintiff and Defendant have signed a Separation and Settlement Agreement dated May 10, 2000. WHEREFORE, the Court is requested to enter a Final Decree in Divorce in compliance with Section 3301 (c) of the Divorce Code and Pa. R.C.P. 1920.42(a)(1) and to incorporate the terms of the Separation and Settlement Agreement in accordance with Section 301 (a)(1) and (4) and 401 (b) of the Divorce Code. 'H Dated: ~v Edward J. Weintraub, Esquire Attorney for Plaintiff -'!'ie,. " -,C,_",,"= .,.",.,,~_~_'" - -" ~"'_ =, ''>.-''''"_' ,__ ,_, c; " .,. o c.: f~ ~t~~' :?~C,' :"=~ I ~I , II , l I I ~l ih 'f; I! I'i tl d i ... . a f';,J o 'r) .~-~j -;1;:::: (','It, ~';2 ~-;,_: (::') c.5 ill -, :,-;-.! =< :l't: :l':;fi\ ;:~{J co CJ w :-'1 \0 :lIS!'!! ,"~ " ,",~"_"_._~~Ifl~~.!lII~""-'IIlMlI~~~~,,.,..,~,"~JrnIlI~I, "I ,t " , -, l- . ' RAYMOND PAUL FISHER, Plaintiff * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * vs. * NOot;to- 2 8~3 * KATHRYN ELIZABETH FISHER, Defendant * CIVIL ACTION - LAW 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 may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 .< ~ , ~ ~ ' ~ I!!II 1" . RAYMOND PAUL FISHER, Plaintiff * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * vs. * NO. ()-() - /fi.3 cu;..e 7.u-- * KATHRYN ELIZABETH FISHER, Defendant * CIVIL ACTION - LAW * IN DIVORCE COMPLAINT UNDER !i3301 OF THE DIVORCE CODE 1. Plaintiff is Raymond Paul Fisher, who currently resides at 36 Greenmont Drive, Enola, PA 17025. 2. Defendant is Kathryn Elizabeth Fisher, who currently resides at 36 Greenmont Drive, Enola, PA 17025. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on August 17, 1990. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. "',., ~'"' "= . , .' '. COUNT I. REQUEST FOR A FAULT DIVORCE UNDER ~3301 (a)(b) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. Defendant has offered such indignities to Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 10. This action is not collusive as defined by ~3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (a)(b) of the Divorce Code. COUNT II. REQUEST FOR A No-FAULT DIVORCE UNDER ~3301 (C) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The marriage of the parties is irretrievably broken. 13. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. ~~'IIIIJW1n ,~, .- . , . . .. '. COUNT III. REQUEST FOR A No-FAULT DIVORCE UNDER ~3301 (d) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 15. The marriage of the Parties is irretrievably broken. 16. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301 (d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code. COUNT IV. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDm ~3323, ~3501, ~3502 and 93503 OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. (,':%$',W<:, = _ ~, ,"I~ ~ h '.< , d~ , _" . , ~ '. COUNT V. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 19. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 20. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 21 . While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 22. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, , ~ , , , . ., ., .' ~ pursuant to Section 3104 of the Divorce code, the Court approve and incorporate such agreement in the final divorce decree. Date: ~1'i!~ ,",. BY: EDWARI)J. WEINTRAUB, ESQUIRE 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 10#17441 ATTORNEY FOR PLAINTIFF 1'- 1 rU . . ~, ." . " ..... VERIFICATION I, Raymond Paul Fisher, hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~dJj(__ Raymond Paul Fisher Date: ]--Z7- W{!ltJ ~"'~ '. - ~ "' ~b?:iir.;~f~~1{f@'i};k~~1'Lw1t~1f~~,}Jr)f2~~i,:~"~~A~pr:!'fj~~t' I \ ;'.,i?i>~"'i'~ j:'~-l"-~ CtC .'",' ___~_~"!n ~ ~G ~~ e~ ~~ ~ - ~ ()J ~ eJ ~ ~' ... I ~. n, ~' ~ &- t. . ~ ~ (") <=> 0 c: co -n s: -:1: :-:\ -oce :'''' ;D i~ ,......,' '-:;''1 '" t;\ --.l 8 , -<,L: () ~:::::G .-0 ~-f'; j~rr "'-)' ~Q '<?c ..-"'" C~j_' '-" )>C t:? Ofn ...l -7 55 L-., :::< I'" -< e ~~~ _ .T_!t1.(~i""#f'l'I!I~,*"_~'~P,,,,~;:;ru<!'J',"'~"'fl'r'_'I\''I\;Il~~~1Il .. --- RAYMOND PAUL FISHER, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * vs. * NO. 00-1863 * KATHRYN ELIZABETH FISHER, * CIVIL ACTION - LAW Defendant * IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF DAUPHIN AND NOW, this 30th day of March, 2000 personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Misty D. Lehman, who being duly sworn according to law, deposes and says that on March 28, 2000, she mailed a certified copy of a Complaint in Divorce by certified mail, restricted delivery, return receipt requested, to Kathryn Fisher, 36 Greenmont Drive, Enola, PA 17025 and the same was received by her on March 29, 2000 as indicated by the return receipt card which is attached hereto. ~l~-h \-.0, J~ tV Misty D. Lehman Sworn t~ ~r:l51 subscribed before me on this~\day of _~ , ~." ~\;I ( "c.A/IIAl SEAl. EMl\:.Y ~'F;RI1Z, Notary Publlc ...IiarrlslluroCIty, Dauphin County . My COll11l1lsslon expires Dec. 4, 2000 ,-:i~~'~ "iI1~ ~~ /' . ,1f.. i II I ,~ i I i . ~ - e Items' and/or!_ additional seMC98. I also wish to reoelve .the _Complete Items 3, 48, and 4b. following services (for an .Prlnt your name and address on the reverse of this form 80 that we can return this extra fee): card 10 you. Ii -Attach this form to the front of the rmulpiece, or on the back if space does not 1. 0 Addressee's Address ';: permit. M;; _Write'Rstum Receipt Requested' on the 1JIa1lpiece betow the-article number. 2. R Restricted Delivery tX -The Return Receipt will show to whom the article was delivered and the dale of!" delivered. Consult postmaster tor tee. ... 3. Article Addressed to: 48. ArtIcle Number ) IZa +hry \l 14 ~ h.ex'. 4b~ervi~e~y~e S i 3LP 6('een ~t '1Yl Ve.. 0 Registered J4. Certlftalil II! I' -'^ \ A nV\ /1 () '05" 0 Express Mall _~, ....,J,,.J 0 Insured f c:;..{ \~w-. \ t" n It.Retum ReC9~ 0 COD ~ 7. Date of Deliva J! / 3 'JCj 00 & 5. ecelved By: (Print Name) 8. Addressee's Address ~ nly If requested i! and fee is pe/d) ~ I .. Doll'le$tlc I'I&twm . <.~~ ~~ "~" - ~, ~~ , . "" '" ,__ ~i_."'r""""_ ~', =~~"'^ !l,ii1,~?",,,,,,,,,",,, ,~,~"~ .~~.I ..... " 0"- _Ijfj!l.IIl1~_I~:j[1""m-Ti'';tmJ>~~l!f'!~I!l!l~~~~~}'/'100ftl~.,~''''::I!'l'''~~I!!ll l , - / . J RAYMOND PAUL FISHER, Plaintiff * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * vs. * NO. 00-1863 * KATHRYN ELIZABETH FISHER, Defendant * CIVIL ACTION - LAW * IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 {c} of the Divorce Code was filed on March 29, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety {90} days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. > Date: 7 -If ~ z~() 2.- ~~ Ray ond Fisher, Plaintiff "'$., ~r . = . . , - v """""'..._, . , --, '. ""~",,,", ""-~" .- 'M' "<, _~'J~~Wi.~\W!\l!II<ffi~_M ,-~--~ ',=,- ~"~ " - & c- o 0 ~ C t"-..J -'11 S - .":;0- -uti} "?" !:pcr. -.;0 ~~v~ r"'-' -.:.';-: ~.~ "'D >-, .-- >',-);;'0:::, Z7~ .-,.;.;..i'o.r'i ;p'- r:~ u c: ."-; Z :.n "S:J -;J "I"" -. -, ,( 1."", 1IIIdU~1I1111!" 'T_~l;!!Jllftn'l '. I ... . RAYMOND PAUL FISHER, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * vs. * NO. 00-1863 * KATHRYN ELIZABETH FISHER, * CIVIL ACTION - LAW Defendant * IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 1 8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Z- /1 -1...00 "2- ~~, Ray ond Fisher, Plaintiff 'jol'l!'l_ II I. il Ii II ii '"7'-'-" ,_ ~~1>'l " _._o",,~_~_ . --I ~--" .. t 0 D Q, C N s~ - -.! -,.... -v CG :9"' '-;::-~ fT\n-l :;'.:J ", z-r~ - -;-,TJ' ZC :"jC} c (j) ~J ) )"" "< :2' ---j--::::,.,; '.:2c:, "'0 -,'- " :~) -n ~c~ -~ (5 -c. r:.;> ;:,\rn ;pc ':::::l '2. U'1 ?fi -.j ~ .r:- -<- " ....~A@'jm!~~ln~Y!l'l>ijl,,,""~~~_..,,~,!!!IftIj. _~~~'" "'~'" T___~ :" ,,'~~~~ - , ~-, ''t.._,.-~'' ~--,..._. .." RAYMOND PAUL FISHER, . Plaintiff " IN THE COURT OF COMMON PLEAS " CUMBERLAND COUNTY, PENNSYLVANIA " vs. " NO. 00-1863 " KATHRYN ELIZABETH FISHER, Defendant " CIVIL ACTION - LAW " IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 29, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90l days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 1 8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: :;D:ji?- NOTARIAL SEAL LINDA E. HERMAN, Notary Public Camp Hill Bora. Cumberland County My Commission Expires Aug. 26, 2004 .;,~., J1l - -" ~ -.- -<. _..D.~ .'-'.'-.,J - ~_,",~~~~N ',""", .,-~ . ~'J ,,~<<,., >< , . .....,..tJ~IIJ'!'l!.iJ';ifflImi~~!i!l!I;jfl!l~jJ () c:: :5: 'W(D rn-rn 2f~' ~-~E Ik ;?" -3 -- ~""~-~ o f'0 :1!:: :;o..":J;I :;0 o -r'j .:J -~'!l -::J ..,...,;-','1 ,'i-)Q -0 ~-"<,,, l.)r,_ -j:-:< ~~2t~ i~5rn -,I '.,-..> 5,}. -, f'.) :r. .f;" "I~!fij"_.,~"..,..,. "_ """"",,,_,tl\l . RAYMOND PAUL FISHER, Plaintiff * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * vs. * NO. 00-1863 * KATHRYN ELIZABETH FISHER, Defendant * CIVIL ACTION - LAW * IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1 . I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 1 8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~;;q ~~i- K ryn Ish r, Defen ant ! y fu."'....'.. .................,..,"."0"""1' :.... ....... ... .. .... ... ,",.. f{.. eo'" C "0.. m..., ,10 ".V('" ~ 20,n ~ :'Lf:--c.. ~16~~ Not y PU Ie NOTARIAL SEAL LINDA E. HERMAN, Notary Public Camp Hill Bora. Cumberland County My Commission Expires Aug. 26, 2004 -~ "... - .. I I ~i I', , II l:J I:! i-I I' I' [I 'i 'I !I :i II !~I ~',I !' ,.,,,,,.__r ~ > ..-~ '. . _. <""""!_" ~.~~~., "AlJlt,_~~~-w.' __"",,"~il~I~~ .. 0 0 0 C ''V " $".... 3l: ..",4 ,) CO ~ "T: (fin; ";;) ---.., :.' z-- "r ze- T~8 q~5': '::1i~? !:iC -0 ,~;c:; ~- ~~~ L....{~, j;c 1'-:1 Z U1 .~ -~ ':b -< .j:' -< 1ll'J!","," ~..mII'!iIlIl!RF"'" "_,~"~!W RAYMOND PAUL FISHER, * IN THE COURT OF COMMON PLEAS Plaintiff * tUMBERLAND COUNTY,PENNSYLVANIA * VS. * NO. 2000-1863 * KATHRYN ELIZABETH FISHER. * CIVIL ACTION - LAW Defendant * IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on March 28, 2000 I served a true and correct copy of the Divorce Complaint filed on March 27, 2000, and Petition to Exclusive Possession of the Marital Residence filed on March 28, 2000 upon Kathryn Elizabeth Fisher, Defendant, by depositing same, postage pre-paid, Certified Mail, return receipt requested, restricted delivery, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Kathryn Fisher 36 Greenlilont Drive Enola, PA 17025 Date: ~ ~~o.~w Misty D. Lehman 'i__""",", - .~ -.,.,"..,,~ .~~"""'" l I .,. "' , 0 0 0 c 0 ~-\ s:: ::J:: -O9,} J,?P" .' fI}r..:-~ ;,,, .-...-.-,h"l :z_^~ N Zr;: \D ~(~ ~~ CO",;,'. c<L r."'-' -0 " ~'-.J ~- ~""5:D ~O - ~.C) .".--cn ..=0 ~ S :Pc ~ r::- 55 '-:', .,,~ "_i!Ml'1~mrr.II!!\~)\ilIMJ!'fN:.'ttHW.;I\I\lIEI'H~I~'1"'!OJ~~~_~QIt.~~JIQ~."~~1~~~ 'K;J;.~tl;:~jE'.il'!'(~S~~. ;/2000 12: 57 717-238-9280 STERN OR WEINTRAUB PAGE 02 ) . lAW OFFICES OF EDWARD J. WEINTRAUB &ASSOCIATES PRACTICE LlMITBD TO FAMILY LAW 2650 N.1HIRD STREET HARRlSBURG, PENNSYL V ANJ.I\.I7110 (717) 238-2200 FAX - (717) 238-9280 E-MhlL - EWDIVORCE@AOL.COM Edward J. Weintraub Tonia. M. Torqua.to ~gal Assistants Mis!)' D. Lehman Emily A. Vislocky MEMORANDUM Via Facsimile TO: Honorable Edward Guido RE: Fisher v. Fisher No. 00-1863 Civil Term FROM: Edward J. We intra DATE: May 16, 2000 This is to confirm that we are taking the matter scheduled for Wednesday, May 17, 2000, at 3:30 p.m. off calender. By copy of this letter I am informing the Defendant who is unrepresented. EJW\mdl cc: Ray Fisher Kathy Fisher ".~ H.' "~" -" rt i";;:ii4t'lC_" I,ii'ff;, " ;/2000 12:57 7J. 7-238-9280 STERN OR WEINTRAUB PAGE 01 , ,~ lAW OFFICES OF EDWARD J. WEINTRAUB &ASSOCIATE.S PRACTICE LlMITEO TO FAMILY LAW 2650 N. THIRD STREET H.A.lllUSBURG. PENNSYLVANIA 17110 (717) 238-2200 FAX. (717) 238-9280 E-MAlL - EWDlVORCE@ADL.COM Edward J. Weintraub Tonia M. Torquato L~gal Assistan [S Misty D. Lehman Emily A. Vislocky , FAX COVER SHEET Date: 5 <4 (jJ From: Edward J. Weintraub, Esquire To: ~M~tLbLQ rJJ L )C9..YA Fax Number: a L\ 0 - (oqta d Remarks:...::RQ,' - h~t-.of &c l (1j ,() There are ~ pages being sent including cover. NOTE: IF YOU DID NOT RECEIVE ALL OF THE PAGES, OR IF YOU HAVE ANY PROBLEM WITH THE CLARITY OF THIS FAX. PLEASE CALL US AT THE NUMBER LISTED ABOVE. '~~= - . ~ r ,-- n RAYMOND PAUL FISHER, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY ,I?ENNSYL VANIA * vs. * NO. 00-1863 * KATHRYN ELIZABETH FISHER, * CIVIL ACTION - LAW Defendant * IN DIVORCE CERTIFICATE OF SERVICE I, Emily A. Vislocky, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on April 6, 2000 I served a true and correct copy of the March 30, 2000 Rule issued on Plaintiff's Petition for Exclusive Possession upon Kathryn Fisher, Defendant, by depositing same, postage pre-paid in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Kathryn Fisher 36 Greenmont Drive Enola, PA 17025 Date: ~lro , "", ) - . .,,- "'","'~'__"~ ",Ij!!_ ~" o. ~ ~~1 (') 0 " c:: 0 .'14 "". ~ -\ ~. -ocr) -"[J :-',-.\',' rnC' :;::; :z. ::c 0_ 'cD -7r- ,--.",' (j);::':- 0 "'; ,1-, ==<,,-':- ...\';.;:! c:C:- ;9- -' "~,,; rc ::;: :::J (.~ ,,2,,-:' - ~~1 en --~ - :PC ~~ ? ;:j -< x::- .<.. ,-~ ~"""",,,.'''''I~ lit.., 1l!Ul1'1'l ~~,~_.~ . ; , , .' (' RAYMOND PAUL FISHER, * IN THE COURT OF COMMON PLEAS Plaintiff~ * CUMBERLANDCOUNTY,PENNSYLV ANIA * vs. * NO. CO- /P1,;,2 (lull 't~ * KATHRYN ELIZABETH FISHER, * CIVIL ACTION - LAW Defendant. * IN DIVORCE RULE AND NOW, this 3t>""" day of fI/.~ , 2000, upon presentation and consideration of the within Petition, it is hereby ORDERED AND DECREED that a Rule be issued upon the Defendant/Respondent, Kathryn Elizabeth Fisher, to show cause why the Plaintiff/Petitioner should be excluded from the domicile at 36 /YJ/'Iy , 2000, at3:30I.M. in Court Room No. 5' of the Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania. \ ) D'-'V.A12d E. Cu.,'dd J. / ~ ~ 'f-'Y-frtJ ~. ">l'IF.\"""__ ~.~ __I. ~ilroJil'.IiiII. ~ 'llIbiIIiltM" : '1711 f~alUlj~lfmhllitl~ld01~'lI~i!!ii&.--",r,:.~""~'~.H~j""'-",1'j -,.,; , ~ ~"'"C"' *_mli.;,IiI;IlI,iilI'IIl!"- OF FjLEn~C:\'::F)CE :nNiiTI'RY -''',-,1'' 00 APR-3 [il( 10: t:' I nlf :-:1 I CUMBEFiu'ND COUNTY PENNSYlVANIA '!1 ! ~i I ! \. ,t, f~ '... ~ RAYMOND PAUL FISHER, * IN THE COURT OF COMMON PLEAS Plaintiff , * CUMBERLANDCOUNTV ,lPENNSYlV ANIA * vs. * NO. * KATHRYN ELIZABETH FISHER, * CIVIL ACTION - LAW Defendant. * IN DIVORCE ORDER AND NOW, this day of , 2000, after hearing on the Petition For Exclusive Possession of Marital Residence in the above-referenced matter, it is hereby ORDERED AND DECREED that the Defendant/Respondent is hereby excluded from the premises of 36 Greenmont Drive, Enola, PA 17025. BY THE COURT: J. ~ .. ~, - -,- '" - < " " RAYMOND PAUL FISHER, * IN THE COURT OF COMMON PLEAS Plaintiff , * CUMBERLANDCOUNTY,PENNSYLV ANIA * vs. * NO. * KATHRYN ELIZABETH FISHER, * CIVIL ACTION LAW Defendant. * IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE AND NOW, this day of , 2000, Petitioner, Raymond Paul Fisher, by and through her attorney, Edward J. Weintraub, Esquire, files the within Petition for Interim Exclusive Possession of Marital Residence, and in support thereof, avers as follows: 1. Petitioner is Raymond Paul Fisher, Plaintiff in the above-captioned divorce action. Petitioner resides at 36 Greenmont Drive, Enola, PA 17025. 2. Respondent is Kathryn Elizabeth Fisher, Defendant in the above- captioned divorce action. Defendant currently resides at 36 Greenmont Drive, Enola, PA 17025, the "marital home". 3. The parties hereto were married on August 17, 1990, in Cumberland, PA, and have continued to reside together in the marital residence. There were no children born of this marriage. 4. On IJ;) '1v1 , 2000, Plaintiff/Petitioner, Raymond Fisher, filed a Complaint In Divorce against Kathryn Fisher, Defendant/Respondent, in Cumberland County, Pennsylvania. , 5. The marital home is titled solely in the name of Plaintiff/Petitioner Raymond Fisher. 6. Section 3502(c) of the Divorce code states that "[tlhat Court may award during the pendency of the action or otherwise to one or both of the parties the right to reside in the marital residence." ~~~ .~ . ..~~ - ,~, 7. Section 3502(f) of the Divorce Code states that n[iJn all matrimonial causes, the Court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the Court has jurisdiction and who is involved in or connected with the disposition of the cause. n 8. Unless Petitioner/Plaintiff is permitted interim exclusive possession of the marital home, Plaintiff/Petitioner's mental and emotional health and welfare will be compromised. 9. Defendant/Respondent has engaged in a course of wrongful conduct which resulted in making the conditions under which Plaintiff/Petitioner is living both intolerable and unconscionable. Illustrations of such conduct are as follows: A. Defendant smokes crack cocain and keeps drug parophenalia in the marital home. B. Defendant constantly badgers Plaintiff with false accusations of infidelity, while insisting on her right to go out with men other than her husband, Plaintiff/Petitioner. C. Defendant leaves the marital home without explanation and returns spontaneously from partying at all hours of the morning, causing Defendant alarm, loss of sleep and aggravation. D. Frequently while high or intoxicated, Defendant "gets in his face" and screams, badgers and has physically abused Defendant. ;1<: , , " WHEREFORE, Plaintiff/Petitioner, Raymond Fisher, respectfully requests this Honorable Court grant her interim exclusive possession of the marital home until the conclusion of the divorce proceedings. Edw . Weintraub, Esquire 2650 North Third Street Harrisburg, PA 17110 ID#17441 (717) 238-2200 A HORNEY FOR PLAINTIFF . . . "f' ," ., '. VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 1 8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 3-27- ZCOd ~d~ Raymond Paul Fisher Plaintiff/Petitioner .fl!]'lI " ~ -.'- -- .' .~ .' ,. F',' """", ~~'-- '""'~~~~, ,III. .. o ~ ::s_ \"JCr.::; rnn-; ~i:c' u).)"'. -<z !0 ~ w ", o o o 'T1 --\ ihF -~lrn ~:jO .'--' I ~1i~ i:=>rn :::.-' :D -< ::;:: :t~ :::0 N en .,.,. ':rl: ill U1 <.> ~ ~~,,__,_,R~~'1''ii1''.l''''W;ll'mJi!:~!la~~~_IiJD!il!l9 "~_",,_J.lf~! RAYMOND PAUL FISHER, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY,PA * VS. * NO. 2000-1863 * KATHRYN ELIZABETH FISHER, * CIVIL ACTION - LAW Defendant * IN DIVORCE CERTIFICATE OF SERVICE I, Wendy L. Shive, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on April 2, 2002 I served a true and correct copy of the Decree in Divorce and Separation and Settlement Agreement upon Kathryn Elizabeth Fisher, Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Kathryn Fisher 146 E. Dauphin Street, Apt. 1 Enola, P A 17025 Date: L//z/oZ I , " "fr" -.' , ,-'''' e., " - >,0, , ... " ,--' ... !o .,l_ '1 , 'fIIij, Q,,!:r', '__' -."." -,_.,- -~ .-'"'''''-'-~''~ rgi <:;:> (:) N 4', "'" :::1 " -",--n ::lO ("""',"IF Z::rJ I -om. Zs;: 2SY W' <.V --<~" -~(:) kO -0 :r:+; ~O :x 0-') Z~n >2 N 0 .. ~ ~ :- w -< roll!!' '''''''f'~-_ ..,.111