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~ IN THE COURT OF COMMON PLEAS ~
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OF CUMBERLAND COUNTY
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STATE OF i~ PENNA.
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ROGER E. WILES,
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PLAINTIFF
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Vel'sus
CIVIL ACTION - LAW
IN DIVORCE
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WANDA L. WILES,
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DEFENDANT
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DECREE IN
DIVORCE
AND NOW,... ~~..7-:'\.. ....... 1998..... it is ordered and
decreed that '" RQ9.I;~.J;.. WI.L,~...... .. .. . . ... . ........ . .. . ... plaintiff,
and . . . . . . . . . . . . . WANDA L. WlLES. . . . . . . . . . . . . . . . . . . . . . . . . . . .. defendant,
are divorced from the bonds of matrimony.
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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;
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NONE
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MARITAL PROPERTY AND SETTLEMENT AGREEMENT
THIS AGREEMENT, made thise23~y of July, by and between
Wanda L. Wiles, party of the first part, hereinafter referred to
as "Wife", and Roger E. Wiles, party of the second part,
hereinafter referred to as "Husband".
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having
been married on May 13, 1967; and
WHEREAS, certain differences have arisen by and between
the parties as a result of which they have now separated and the
parties hereto 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 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 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.
WHEREAS, the parties being fully advised as to their
respective rights, duties and obligations growing out of their
marital status, particularly with respect to the relevant sections
of the Divorce Code, Act of April 2, 1980, P.L. 63, Act No. 26, ~
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amended, 23 P.S. 3101 et seq., and being fully aware of their
right to consult with or having consulted with their respective
legal counselor advisors, Gregory R. Reed, Esquire, Attorney for
Wife, and Andrew C. Sheely, Esquire, Attorney for Husband, and
having had the opportunity and ability to request a full and
complete disclosure of income and assets from the other, and
reviewing this Agreement, have come to an agreement as to each and
all of their said matters of property and relations; and
WHEREAS, Husband has filed a No-fault Complaint in
Divorce, said Complaint being docketed in the Cumberland County
Prothonotary's Office at 97 - 1416.
NOW, THEREFORE, in consideration of the above recitals
and the mutual covenants hereinafter set forth, each of the
parties hereto intending to be legally bound hereby by affixing
their hands and seals agree as follows:
1. ADVICE OF COUNSEL
Husband and Wife acknowledge that they have been given the
opportunity to obtain the advice of counsel regarding the
provisions of this Agreement and their legal effect in advance of
the date set forth above to permit such independent review. Each
party acknowledges that he or she has had the opportunity to
receive independent legal advice from counsel from his or her
selection, and that each fully understands the facts and has been
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fully informed as to his her or her legal rights and obligations,
and each party acknowledges and accepts that this Agreement is,
and the circumstances, fair and equitable, after having the
opportunity to receive such advice and with such knowledge, and
that execution of this Agreement is not the result of any improper
or illegal agreement or agreements. In addition, each party
hereto acknowledges that he or she has had the opportunity to be
fully advised by his or her respective attorney of the impact of
the Pennsylvania Divorce Code, whereby the court has the right and
duty to determine all marital rights of the parties including
divorce, alimony, alimony pendente lite, equitable distribution of
all marital property or property owned or possessed individually
by the other, counsel fees and costs of litigation and, fully
knowing the same and having the opportunity to be fully advised if
his or her rights thereunder, each party hereto still desires to
execute this Agreement, acknowledging that the terms and
conditions set forth therein are fair, just and equitable to each
of the parties, and waives his and her respective right to have
the Court of Common Pleas of Cumberland County, or any other court
of competent jurisdiction, make any determination or order
effecting the respective parties rights to a divorce, alimony,
alimony pendente lite, equitable distribution of all marital
property, counsel fees and costs of litigation.
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2. SEPARATION
It shall be lawful for each party at all times hereafter
to live separate and apart from each other in such place or places
as he or she may from time to time choose or deem fit.
3. INTERFERENCE
Each party shall be free from interference, authority
and control, direct or indirect, by the other as fully as if he or
she were single and unmarried. Neither shall molest the other or
compel or endeavor to compel the other to cohabitate or dwell with
him or her, or to in any way harass or malign thE other.
4. WAIVER OF CLAIMS AGAINST ESTATES
Except as otherwise provided herein, Husband
relinquishes his inchoate intestate right and his right to act as
a personal representative in the estate of Wife, and Wife
relinquishes her inchoate intestate right and her right to act as
a personal representative in the estate of Husband. Each of the
parties hereto by their presents, for himself or herself, his or
her heirs, executors, administrators or assigns, does remise,
release, quit-claim and forever discharge the other party hereto,
his or her heirs, executors, administrators or assigns or any of
them, of any and all claims, demands, damages, actions, causes of
actions, suits, at law or equity, of whatsoever kind or nature,
for or because of any matter or thing omitted or suffered to be
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done by said other party prior to and including the date hereof,
except that this release shall in no way exonerate or discharge
either party hereto from the obligations and promises made and
imposed by reason of this Agreement and shall in no way affect any
cause of action in absolute divorce which either party may have
against each other.
5. MARITAL PROPERTY
The parties hereto acknowledge that during their
marriage they have acquired, individually or jOintly, various
assets and property, including the following:
(A) Marital residence located at 212 Sherwood Drive,
Carlisle, (Middlesex), Cumberland County, Pennsylvania;
and
(B) Husband's Riteaid Retirement; and
(C) Wife's 401(k) and IRA savings plan and her
retirement/pension with Book of the Month Club; and
(D) Mutual Funds with Delaware Group; and
(E) 1987 Ford Taurus or proceeds thereof; and
(F) 1978 Ford Bronco; and
(G) 1967 Ford Fairlane; and
(H) Guns, gun cabinet and reloading equipment; and
(I) Old trailer; and
(J) 1991 Suzuki Motorcycle; and
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(K) Old John Deere Mower and roto-tiller; and
(L) Miscellaneous tools and garage contents;
and
(M) Gas grill, new John Deere Mower, Snow Blower and a
certain set of tools; and
(N) Savings accounts at Farmer's Trust and Christmas
Club account (previously liquidated); and
(0) Miscellaneous personal property, including
furniture, personal items, dishes, tools, jewelry,
increase in value of non-marital property, equipment,
coins and cash; and
(P) Mortgage on marital residence; and
(Q) Home Equity Line of credit encumbering marital
residence; and
(R) Miscellaneous credit card debt.
Husband and Wife acknowledge that they are aware of
their respective rights pursuant to the Divorce Code of 1980, as
amended, to obtain formal valuations or appraisals of the marital
residence, any and all pensions, and other items of marital
property. However, the parties agree that they will not undertake
this expense and acknowledge that no financial disclosures are
attached to this agreement as separate exhibits or schedules. The
parties hereby waive any necessity for completing or attaching any
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financial disclosure(s). Each party further acknowledges the
opportunity to attach a full and complete financial disclosure and
that such disclosure is not desired to effectuate a fair and
equitable resolution of their marital rights, duties and
obligations as provided in the Divorce Code of 1980, as amended.
6. PERSONAL PROPERTY
The parties agree that Husband shall be entitled to the
following items listed in paragraph 5: (B) Husband's Riteaid
Retirement; (D) Mutual Funds with Delaware Group; (H) Guns, gun
cabinet and reloading equipment; (J) 1991 Suzuki Motorcycle; (K)
Old John Deere Mower and roto-tiller; (L) Miscellaneous tools and
garage contents; and (M) the snowblower from this subparagraph.
The parties agree that wife shall be entitled to the
following items listed in paragraph 5. (C) Wife's 401(k) and IRA
savings plan and her retirement/pension with Book of the Month
Club; and (M) Gas grill, new John Deere Mower, and a certain set
of tools; and (N) Savings accounts at Farmer's Trust and Christmas
Club account (previously liquidated); (0) Miscellaneous personal
property, including furniture, personal items, dishes, tools,
jewelry, increase in value of non-marital property, equipment,
coins and cash.
The parties hereto mutually agree that they have
effected a satisfactory division of the furniture, household
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furnishings, appliances and other household personal property
between them, and they mutually agree that each party shall from
and after the date hereof be the sole and separate owner of all
such tangible personal property presently in his or her
possession, whether such property is heretofore owned jointly or
individually by the parties hereto, and this Agreement shall have
the effect of an assignment or bill of sale from each party to the
other for such property as may be in the individual possessions of
each of the parties
From and after the date of the signing of this Agreement
both parties shall have complete freedom of disposition as to
their separate property which is in their possession or control
pursuant to this Agreement and may mortgage, sell, grant, convey
or otherwise encumber or dispose of such property, whether real or
personal, whether such property was acquired before, during or
after marriage, and neither Husband nor Wife need join in, consent
to, or acknowledge any deed, mortgage, or other instrument of the
other pertaining to such disposition of property.
Husband shall have a period of sixty (60) days from the date
of this marital agreement to remove all items of personal property
from the garage at the marital residence.
7. REAL ESTATE
Husband agrees to transfer his right, title and interest
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in and to the parcel of jointly-owned real estate with
improvements thereon situate at 212 Sherwood Drive, Carlisle,
(Middlesex Township), Cumberland County, Pennsylvania, to Wife and
to sign all documents necessary to effect said transfer of the
title to the real estate to Wife's name individually.
Wife further agrees to satisfy and save Husband harmless
from any obligation which he may be liable as a result of the
mortgage and other encumbrances presently on the jointly-owned
real estate, said mortgages and encumbrances being recorded in the
Cumberland County Recorder of Deeds Office. Wife agrees that upon
delivery of the deed to the jointly-owned real estate, she will
continue to make the mortgage and home equity line payments and
will indemnify Husband on account of any obligation he may have on
account of the mortgage or mortgages, as well as any other
obligation concerning the ownership of the real estate including,
but not being limited to, municipal liens, real estate taxes,
sewer and water assessments, fire and casualty insurance, and
utilities. Furthermore, Wife agrees to satisfy the mortgages and
home equity lines of credit through refinancing or any other
method of payment within ninety (90) days from the date of this
Agreement.
Wife agrees that she shall each assume liability for any
and all capital gains taxes which may be assessed hereafter as the
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result of a sale of the above described real estate.
8. LUMP SUM PAYMENT Husband and Wife agree that
Husband shall pay Wife an amount of $1,500.00 on the signing of
this Agreement and that Husband shall pay wife an additional
amount of $1,500.00 within Ninety (90) days after signing this
Agreement. In no event shall Husband be required to pay more than
$3,000.00 to Wife. Payments made under this paragraph shall
constitute a deferred property settlement and shall not
constitute alimony in any manner.
9. MOTOR VEHICLES AND TRAILER
The parties hereto agree that Husband shall be entitled
to have the sole and exclusive control, benefit, use and title of
the 1978 Ford Bronco and the 1967 Ford Fairlane. The parties
hereto agree that Wife shall be entitled to have the sole and
exclusive control, benefit, use and title of the 1987 Ford Taurus
or the proceeds thereof. Titles to the motor vehicles shall be
transferred within thirty (30) days from the date of this
Agreement to the party receiving title in accordance with this
Agreement, if necessary.
Husband and Wife further agree that title to the Old
trailer shall be transferred to Husband within thirty (30) days
from the date of this Agreement, if necessary.
10. MISCELLANEOUS
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(A) The parties hereto acknowledge and agree that any
and all savings and checking accounts, as well as certificates of
deposit, owned by them jointly or singly, have been divided to
their mutual and individual satisfaction.
(B) Neither party hereto shall make a claim upon the
other for accumulated pension, profit-sharing, retirement support,
retirement benefits, insurance policies, IRA's, or any
retirement-related benefits. Wife specifically waives her right
to claim any portion of Husband's Riteaid retirement as identified
in Item 5 (B) above and Husband specifically waives his right to
claim any portion of Wife's 40l(k) and IRA savings plan and her
retirement/pension with Book of the Month Club as identified in
item 4(C) above. Both parties shall assist with signing any
documents necessary to waive their respective interests in these
retirement-related benefits.
(C) The parties hereto acknowledge and agree that any
and all life insurance policies owned by them jOintly or singly
have been divided to their mutual and individual satisfaction.
Each party hereto acknowledges that they have in their sole
possession those policy or policies of life insurance which they
intend to keep and retain as their sole and exclusive property
and, further, each party shall have the right to designate the
beneficiaries of said policies.
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(D) The division of existing marital property is not,
except as otherwise expressly provided herein, intended by the
parties to constitute in any way, a sale or exchange of assets and
the division is being affected without the introduction of outside
funds or other property not constituting a part of the marital
estate. As a part of an equitable division of the marital
properties and the marital settlement herein contained, the
parties hereto agree to save and hold each other harmless from all
income taxes assessed against the other resulting from the
division of the property as herein provided.
(E) Each party represents and warrants to the other that
he or she has not incurred any debt, obligation or other
liability, other than those described in this Agreement, on which
the other party is or may be liable. A liability not disclosed in
this Agreement will be the sole responsibility of the party who
has incurred or may hereafter incur it, and such party agrees to
pay it as the same shall become due, and to indemnify and hold the
other party and his or her property harmless from any and all such
debts, obligations and liabilities. Husband shall assume all
marital credit card debts existing as of the date of separation.
(F) Each party represents and warrants to the other that
each shall file a joint income tax return for tax year 1997 and
separate income tax returns thereafter. Information maintained by
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one party which is necessary to complete any income tax return
shall not be unreasonably withheld upon the request of either
11. ALIMONY. SUPPORT AND MAINTENANCE
Both parties acknowledge and agree that the provisions
of this Agreement providing for equitable distribution of marital
property are fair, adequate and satisfactory to them and are
accepted by them in lieu of and in full and final satisfaction of
any claims or demands that either may now or hereafter have
against the other for support, maintenance or alimony. Husband
and Wife further, voluntarily and intelligently, waive and
relinquish any right to seek from the other any payment for
support, alimony and maintenance and, further, waive and
relinquish any rights to division of property, other than provided
in this Agreement and, finally, waive any rights to alimony
pendente lite, counsel fees and court costs.
Husband and Wife both agree that they have been
respectively advised and are aware of the contents of the
provisions of the Divorce Code, as amended, in Pennsylvania,
wherein considerations are set forth in determining an appropriate
amount, if any, to be paid in the form of alimony. After being
fully advised of the contents of the Divorce Code, as amended,
both parties voluntarily and intelligently waive and relinquish
any right to seek from the other payment for support, alimony and
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maintenance.
Wife, upon signing of this Agreement, shall contact the
Domestic Relations Office of Cumberland County and immediately
withdraw her petition for spousal support.
12. MUTUAL RELEASE
Subject to the provisions of this Agreement, each party
waives his or her right to alimony and further distribution of
property inasmuch as the parties hereto agree that this Agreement
provides for an equitable distribution of their marital property
in accordance with the Divorce Code, as amended. 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
or except in any or all causes of action for breach of any
provisions of this Agreement. Each party also waives their right
to request marital counseling pursuant to Section 3302 of the
Divorce Code.
13. SUBSEOUENT DIVORCE
A decree in divorce entered by a court of competent
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jurisdiction to either party shall not suspend, supersede or
affect the terms of this Agreement. Both parties agree, if
requested, to enter a Consent Order or Orders concerning the
provisions of this Agreement in the Court of Common Pleas of
Cumberland County, Pennsylvania, or any other Court of competent
jurisdiction, as a part of a resolution of any divorce action
filed or to be filed. This Agreement, and the terms and
conditions contained herein, as well as the enforcement of said
terms and conditions, shall be contingent upon the granting of a
Divorce Decree to either party by the Court of Common Pleas of
Cumberland County, Pennsylvania, or any other Court of competent
jurisdiction. Furthermore, both parties hereto agree, if
requested, to execute the appropriate affidavits and consents to
secure a No-fault Divorce as may be required by the Divorce Code,
as amended. Both parties hereto agree that this Agreement may be
incorporated into a separate Court Order but shall not merge in
such order.
14. 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 division of marital
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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 any court of competent
jurisdiction pursuant to Section 3502 of the Divorce Code or any
amendments thereto. 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.
15. 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
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relating to the financial affairs of the other which has been
requested by each of them or by their respective counsel.
16. ADDITIONAL INSTRUMENTS
Husband and Wife 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 conditions of this Agreement.
17. MODIFICATION AND WAIVER
Any 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 of any of the
provisions of this Agreement shall not be construed as a waiver of
any subsequent default of the same or similar nature. The waiver
of any term, condition, clause or provision of this Agreement
shall in no way be deemed or construed as a waiver of any other
term, condition, clause or provision of this Agreement.
18. BREACH
If either party hereto breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for such breach, or seek other remedies or relief
as may be available to him or her. Both parties agree and are
aware that noncompliance with any provision of this Agreement
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permits either party to pursue appropriate legal remedies,
including sanctions as set forth in 23 Pa. C.S.A. S3105.
Each party further hereby agrees to save and hold
harmless the other party from any and all attorneys' fees, costs
and legal expenses and expenses that either may sustain, or incur
or become liable or answerable for, in any way whatsoever, or
shall pay upon, or in consequence of, any default or breach by the
other of any of the terms or provisions of this Agreement by
reason of which either party shall or shall be obliged to retain
or engage counsel to initiate or maintain or defend proceedings
against the other at law or equity or both or in any way
whatsoever, provided that the party who seeks to recover such
attorneys' fees, costs and legal expenses and expenses must first
be successful in whole or in part, before there would be any
liability for attorneys' fees, costs, legal expenses and expenses.
It is the specific agreement and intent of 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 the
other party in endeavoring to protect and enforce his or her
rights under this Agreement.
All remedies provided by law and all remedies provided
for in this Agreement for enforcement of the Agreement shall be
deemed to be cumulative and the exercise of one remedy shall not
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. ..
bar or prevent the pursuit of any other remedy and either party
may elect to pursue such remedies simultaneously and the exercise
of a remedy one or more times shall not exhaust its use or prevent
further pursuit of such remedy.
19. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for convenience
only. They shall not have any effect whatsoever in determining
the rights or obligations of the parties.
20. 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 covenant and agreement.
21. APPLICABLE LAW
This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania. For contract interpretation
parties, this Agreement was prepared by both parties.
22. VOID CLAUSES
If any term, conditions, 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.
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23. BINDING AGREEMENT
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 have hereunto set their
hands and seals the day and year first above written.
WITNESS:
lD1k'Yk. U JJo~
Wanda L. Wiles -
(SEAL)
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Rog E. Wiles
(SEAL)
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COMMONWEALTH OF PENNSYLVANIA
11 :58.
COUNTY OF l 'un1Iur~L :
On this, the ,;}Jl'l day of (]-1<-'-'! ' 1998, before
me, the undersigned officer, personalty appeared Wanda L. Wiles,
known to me (or satisfactorily proven) to be the person whose name
is subscribed to the within instrument and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
(l-t~ f)/ ~~vJ
. Notary Public
MOrAllo\l SIAL
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My Commission
Expires:
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COMMONWEALTH OF PENNSYLVANIA
:85.
COUNTY OF CUMBERLAND
".:31'1/ n ..
On this, the q' - day of ~ ' 1998,
before me, the undersigned officer, personally appeared Roger E.
Wiles, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument and acknowledged
that he executed the same for the purposes therein contained.
seal.
IN WITNESS WHEREOF, I hereunto set my hand and official
Gaur 9--~
, Notary Public ,)
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ROGER E. WILES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
97 - /9-/fp ~
IN DIVORCE
vs.
WANDA L. WILES,
Defendant
NOTICE TO DEPEND 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 against
you and a decree in 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 with 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 Cumberland County Courthouse, Carlisle, Pennsylvania.
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.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
(717) 697-0371
/J ' /(,1-
By: /~<IL'II<_"
ANDREW C. SHEELY, E quire
PA. I.D. No. 62~9 !
BOGAR AND SHEELY~W OFFICES
1 West Main Street
Shiremanstown, PA 17011
(717) 737-8761
Attorney for Plaintiff
ROGER E. WILES,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
97 - J'I/t. c..u..t u...-
IN DIVORCE
Plaintiff
vs.
WANDA L. WILES,
Defendant
COMPLAINT
1. Plaintiff is Roger E. Wiles, who currently resides at 49 Deer
Lane, Carlisle, Cumberland County, Pennsylvania.
2. Defendant is Wanda L. Wiles, who currently resides at 212
Sherwood Drive, Carlisle, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for at least six (6) months immediately
previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on May 13, 1967, in
Carlisle, Pennsylvania.
5. There have been no prior actions of divorce or annulment
between the parties.
6. Plaintiff has been advised of the availability of marriage
counseling and understands that he may have the right to request that
the court require the parties hereto to participate in counseling.
7. Plaintiff avers as the grounds upon which this action is based
is that the marriage between the parties hereto is irretrievably broken
and that the Plaintiff and Defendant have lived separate and apart
since August 1, 1996.
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ROGER E. WILES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
97 - 1416
WANDA L. WILES,
Defendant
IN DIVORCE
:
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301 tCl 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 decree 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. I understand that false statements herein are
made subject to the penalties of 18 Pa.c.S.A. Section 4904
relating to unsworn falsification to the authorities.
DATE:
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ROGER E. WILES
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
97 - 1416
ROGER E. WILES,
Plaintiff
.
.
vs.
:
WANDA L. WILES,
Defendant
IN DIVORCE
-~..
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 330l(c) of the
Divorce Code was filed on March 19, 1997. I acknowledge receiving
a certified copy of the Divorce Complaint, said copy being served
upon me on March 21, 1997.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
the Complaint.
3. I consent to the entry of a final decree of divorce after
service of notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.c.S.A. Section 4904
relating to unsworn falsification to the authorities.
DATE:~ ~j. lqq~
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WANDA L. WILES
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
ROGER E. WILES, CIVIL ACTION - LAW
Plaintiff
v. NO. 97-1416 CIVIL
WANDA L. WILES,
Defendant IN DIVORCE
PRAECIPE TO ENTER APPEARANCE
TO: Lawrence E. Welker
Prothonotary
Please enter my appearance on behalf of the Defendant,
WANDA L. WILES, in the above captioned matter.
Date: ~ 2~/IP'T7
~RM
Gregory R. Reed, Esqu~re
Attorney for Defendant
2423 North Third Street
Harrisburg, PA 17110
(717) 238-0434
Attorney I.D. 23705
pc: Andrew c. Sheely, Esquire
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