HomeMy WebLinkAbout97-01956
I
I
~
\l
.....
.:::s
~
t'
\J
.....
.:::s
\
"\
I
I
i
~I/
.,/'/
/
/
,.
~
t;).
........
.
~I
~
~.'
~
.'
~
~
~
<;;
..
,:.::4-:.. .:c,~~ ':.~ ':.:' .:.:. ':+:' ':+:' .:+:. ':+:. ':.:' ,:.;. ':.;, ':.:' ':.:. .:.:' .:.:. ':.:. ':.:. >':.:-::-:.:-::':.:'. .':.:,..,:.:. ':.:' ':.:. ';.;'. .:li'J::...
'. :...::'(- -~._~~-----'-'~._-~~-------~-------- . .'
~ '. III
y ~
~
~,'
~
','
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
ny The ~~ oel.
AUest: .. .
M
~ ~m k:~9.f i~
~ ;;. Prothonotary i ~
~ I'
L___~_..._ ._._.........__ ..... . ..... . ,;
~~~~--~---~------------------~.
~
$
~
','
~
'.'
~~
? .\1'. e
-~. :it
,.,~..,J,...r
PENNA.
~
','
STATE OF
~
'.'
~
'.'
;i
','
..cAROL ANN ULERY,
Plaintiff
N () .97,:"1~5.~.~IVr.~}~~. II)
CIVIL ACTION - LAW
;i
','
~
','
\'('1""11.-;
~
'.'
. TERRY LEE ULERY, SR.,
~
'.'
IN DIVORCE
~
'.'
Defendant
"
~
','
~
','
DECREE IN
DIVORCE
;i
','
~
','
~
AND NOW, ,,!5 .c.ptt.....bc1.. ,I. b" . ,. " 1996".,. it is ordered and
decreed that ...,."", .c,A,R.o,L, .A,N,N.. .u.L.I~R.X . . , , , , , , . , , , ., , . , , ., , " plaintiff,
and, , , . , , , , , , , , , . , . . , . . T~~~r, ~~~, ~H~r! . ~~! ! . , , , , , . , , , . , , , , '. defendant,
are divorced from the bonds of matrimony,
..
~
','
~
~.'
~
~.'
~
~.'
;i
','
~
;i
y
The court retains jurisdiction of the fol/owing claims which have
been raised of record in this action for which a final order has not yet
been entered;
~
~.
;i
y
. .T~~.~~~~~~g~.~~~~~~~~~~,~gr~~~~~~.9~~~9. ~~p~~~p~r. ~). )99~. PP~. ~~8P~~.p~,
~~~.P~~~~~~.~~,~~re~Y,~~~~rp~r~~~~.~~r~~~. ~~?,~~?~.~. p~,~. pf, ,tp~~, ~~v~~c~"
Decree.
;i
y
J,
~
~
'.'
~
W
.~
~
,.;
~
w
'.~
~
,~
~
'.'
~
','
~
'.'
~
.'
~
y
~
'.'
~
f~
;i
'.'
,,~
~
~
'.'
~
'.'
s
~
','
~
~.'
~
~
'.'
~
','
~
~
~
y
I~
..
~
~
~
I,:.
i~
I,:.
(~
I'
.(' "'
t!//I'/)S dk;!' lo/ /J~/:// 0 ~;~ #,.4
fl/t-7!? l~"*' .. /J..4 ./"..;!/.
/ (( tCL~ /-'l4.~ /t:' ~7'
.
,;
,
(
. .
...0.'
,
/'
MARRIAGE SETTLEMENT AGREEMENT
-,'-
/ .
TillS AGREEMENT made this .y day of .S., ,,~ d";;..4., , , 1998, by and between
,
CAROL ANN ULERY (hereinafter referred to as "WIFE") and TERRY LEE ULERY, SR.
(hereinafter referred to as "HUSBAND"),
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully manied on August 18, 1984, and .
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between
the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest
of their natural lives, and the parties hereto arc desirous of settling fully and finally their
respective financial and property rights and obligations as between eaeh 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 claims and possible claims
by one against the other or against their respective estates and equitable distribution of property
and alimony for eaeh party.
The parties hereto agree and covenant as follows:
The parties intend to maintain separate and pennanent domiciles and to live apart from
each other, It is the intent and purpose of this Agreement to set forth the respective rights and
duties of the parties while they continue to live apart from each other.
2,
The parties have attempted to divide their matrimonial property in a manner which
confonns to a just and right standard, with due regard to the rights of each party, It is the intent
of the parties that such division shall be final and shall forever detennine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
3,
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other,
4.
The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the other.
Page 2
,-
.
I
The adequacy of the consideration lor all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally hound hereby,
Each party to the Agreement acknowledges and deelares and affinns the following
infonnation to be true and correct:
(I) WIFE is represented by counsel of her own choosing, namely Rebecca R,
Hughes and Daniel W, DeAnnent, Esquire of Irwin, McKnight & Hughes;
(2) HUSBAND has been advised of his right to seck and retain legal counsel and
has chosen not to retain legal counsel to represent him in relation to divorce,
custody and support matters;
(3) Each party is fully and completely infonned of the facts relating to the subject
matter of this Agreement and of the rights and liabilities of the parties;
(4) Each party enters into this Agreement voluntarily after receiving the advice of
counsel;
(5) Each party has given careful and mature thought to the making of this
Agreement;
(6) Each party has carefully read each provision of this Agreement; and
(7) Each party fully and completely understands each provision of this
Agreement, both as to the subject maller and legal effect.
This Agreement shall become effective immediately as of the date of execution,
5.
It is the purpose and intent of this Agreement to sellle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
Page 3
.
qualifY as marital property under the Pennsylvania Divorce Code, Title 23, Section 3301(e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner that eonfonns to
a just and fair standard, with due regard to the rights of each Party. The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other
property not constituting a part of the marital estate,
It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6,
Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any property is subject. Each
party further represents that he or she has made a full and fair disclosure of all debts and
obligations of any nature for which he or she is currently liable or may become liable. Each
further represents and warrants that he or she has not made any gifts or transfers for inadequate
consideration of Marital Property without the prior consent of the other.
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marriage.
Page 4
the HUSBAND or the WIFE to dispose of same us fully and effectually, in all respects and for all
purposcs as ifhe or she were unmarried,
Each party agrees that ncither will incur obligations, Iicns or Iiabilitics on account of the
othcr and that from the date of this Agreemcnt, ncithcr party shall contract or incur obligations,
Iicns or any liability whatsoever on account of the other.
Furthcr, WIFE docs hcrcby relcase, waive and forever discharge HUSBAND from any
and all claims she has now, evcr may have or can at any time have against HUSBAND or his
estate or any part thereof, whethcr arising out of fonnal contracts, cngagcmcnts or liabilities of
HUSBAND, arising by way of widower's right or undcr the intestate Law arising by any right to
take against the HUSBAND'S will.
HUSBAND docs hercby release, waive and forever discharge WIFE from any and all
claims he has now, ever may have or can at any time have against the WIFE or her estate or any
part thcreof, whethcr arising out of fonnal contracts, engagements or liabilities of WIFE, arising
by way of widowcr's right or under the intestate Law arising by any right to take against the
WIFE'S will.
9.
ASSET ACCOUNTS: WIFE agrees to waive all right, title and interest which she may
have in the savings or chccking or any other bank accounts of the HUSBAND not othcrwise
provided for hcrein, HUSBAND agrees to waive all right, title and intcrest which he may have in
the savings or ehccking or any othcr bank accounts of WIFE not otherwise provided for herein,
HUSBAND agrees to cooperate in closing or removing WIFE'S name from any and all joint
accounts hcld and any financial institution, if any, within fiftecn (IS) days of the execution of
this Agreement. Similarly, WIFE agrees to coopcrate in closing or removing HUSBAND'S
Page 6
name from any and all joint accounts held and any financial institution, ifany, within fifteen (IS)
days of the execution of this Agreement.
10.
AUTOMOBILES: The parties hereby agree that HUSBAND shall retain the 1978
Dodge Tradesman Van which is currently in his possession, WIFE hereby waives all right, title
and interest in the 1978 Dodge Tradesman Van currently in possession of HUSBAND.
HUSBAND shall hold WIFE hannless for any and all liability associated with the purchase, use
and operation of the 1978 Dodge Tradesman Van and any vehicle he may now or in the future
own, and shall be solely responsible for all insurance and other financial responsibility associated
with said vehicle.
HUSBAND hereby waives all right, title and interest in any vehicles which are currently
or in the future may be in the possession of WIFE. WIFE shall hold HUSBAND hannless for
any and all liability associated with the purchase, use and operation of any vehicle she may now
or in the future own, and shall be solcly responsible for all insurance and other financial
responsibility associated with said vehicle.
HUSBAND hereby agrees to assume any and all right, title and interest, together with any
and all liability and responsibility for any monies owed for the purchase, use and operation of the
1985 Dodge Caravan which was owned jointly by the parties during the marriage and which has
since been repossessed by the parties' creditors. HUSBAND specifically hereby agrees to
undertake full and complete responsibility for the payment of any outstanding judgments which,
as of the date of this ah'J"eement, total approximately Three Thousand Two Hundred Sixty-Three
and 00/100 ($3,263,00) Dollars. Further, HUSBAND hereby agrees to indemnify and hold
hannless WIFE for any such amounts which may be due or may in the future become due and
payable arising out of our related to the purchase, use and operation of the 1985 Dodge Caravan.
Page 7
II.
MARITAL DEBTS: It is mutually agreed by and between the parties that WIFE shall
assume all liability for and pay and indemnify the HUSBAND against all debts incurred by
WIFE after the date of separation, WIFE represents and warrants to HUSBAND that since the
parties' marital separation she has not contracted or incurred any debt or liability for which
HUSBAND or his estate might be responsible and WIFE further represents and warrants to
HUSBAND that she will not contract or incur any debt or liability after the execution of this
Agreement, for which HUSBAND or his estate might be responsible, WIFE shall indemnifY and
save HUSBAND hannless from any and all claims or demands made against him by reason of
debts or obligations incurred by her.
HUSBAND shall assume all liability for and pay and indemnifY the WIFE against all
debts incurred by HUSBAND after the date of separation, HUSBAND represents and warrants
to WIFE that since the parties' marital separation he has not contracted or incurred any debt or
liability for which WIFE or her estate might be responsible and HUSBAND further represents
and warrants to WIFE that he will not contract or incur any debt or liability after the execution of
this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnifY
and save WIFE hannless from any and all claims or demands made against her by reason of
debts or obligations incurred by him.
In addition the parties hereby agree that HUSBAND shall undertake and assume full
responsibility for any and all debt incurred during the marriage which may remain outstanding
and unpaid. including but not limited to the following:
Page 8
..
. Pennsylvania Power and Light - Civil Judgment 1993 in the
approximate amount of $1,208,00;
. Pennsylvania Power and Light (1994) in the approximate amount of
$841.00;
. Pennsylvania Power and Light - Civil Judgment 1996 in the
approximate amount of$2,230.00;
. UGI Corporation (1991) in the approximate amount of $1817,00;
. UOI Corporation (1993) in the approximate amount of $746,00;
. National Auto Crd (1995) in the approximate amount of $3263,00;
. Sear Charge Card (1996) in the approximate amount of$480.00;
. United Telephone Serviee (1995) in the approximate amount of
$246.00;
. United Telephone Service (1996) in the approximate amount of
$81.00;
. United Telephone Service (1995) In the approximate amount of
$34,00;
,.
,"'"
HUSBAND further agrees to take any action necessary to remove WIFE's name
from any and all joint credit accounts which may exist within sixty (60) days from th~ date of
this agreement. WIFE agrees to cooperate in the execution of any appropriate documentation to
effeetuate said name removal from the joint accounts. Further, HUSBAND hereby agrees to
indemnify and hold harmless WIFE for any such amounts which may be due or may in the future
become due and payable arising joint marital debt incurred during the marriage, or any debt
which HUSBAND alone may have incurred following the date of separation,
Page 9
.
12.
INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life
insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including
but not limited to retirement, profit sharing or medical benefits of either party, shall be their own,
WIFE waives all right, title and claim to HUSBAND's employee benefits, and HUSBAND
waives all right, title, and claim to any of WIFE'S employee benefits,
13.
DIVORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the marriage. It is agreed that the parties will execute and tile the consents nccessary
to obtain the divorce, Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divorce,
14.
BREACH: If either party breaches any provisions of this Agreement, the othcr party
shall have the right, at his or hcr election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract should
be responsible for payment oflegal fees and costs incurred by the other in enforcing their rights
undcr this Agreement.
15,
ADDITIONAL INSTRUMENTS: 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
instrumcnts that may be reasonably required to give full force and effect to the provisions of this
Agreement.
Page 10
I,
!I
,
,
,I
.
16.
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have either been fully explained to the parties by their respective counsel, or have been fully
reviewed and understood if not represented by counsel, and each party acknowledges that the
Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the
result of any duress or undue influence. The parties agree that unless otherwise specifically
provided herein, this Agreement shall continue in full force and efTcct after such time as a final
Decree in Divorce may be entered with respect to the parties, The parties further agree that the
tenus of this Agreement shall be incorporated into any Divorce Decree which may be entered
with respect to them. [t is the parties' intent that this Agreement does not merge with the Divorce
Decree, but rather shall continue to have independent contractual significance. Each party
maintains his or her contractual remedies as well as court ordered remedies as the result of the
aforesaid incorporation or as otherwise provided by law or statute, Those remedies shall include,
but not be limited to, damages resulting /Tom breach of this Agreement, speeific enforcement of
this Agreement and remedies pertaining to failure to comply with an order of court or agreement
pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set
forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or
hereafter enacted.
17.
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,
Page J 1
18.
APPLICABLE LAW: This Agreement shllll be construed under the Laws of the
Commonwealth of Pennsylvania,
19,
PRIOR AGREEMENTS: 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 of no efreet.
20,
PAYMENT OF COSTS: Each party shall be responsible for their own attorneys fees
incurred in the settlement of the divorce and economic issues surrounding this divorce.
21.
WAIVER 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, ineluding without limitation, dower, curtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the Will of the other, and right to act us
administrator or executor of the other's estate, and each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be necessary or advisable to earry
into effect this mutual waiver and relinquishment of all such interests, rights and claims,
Page 12
I
, '
,
IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day
and year first above written,
WITNESSES:
f
C4/~RG>~
. flM(' (llc;( ? JA:/t t ~ (SEAL)
CAROL ANN ULERY
( )" (SEAL)
LEE ULERY, R.
~/;/Jdir/
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this4..lh day o~. 1998 a
Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland,
CAROL ANN ULERY, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
~rtr)QJt}jf;fyJn
NotarlalSoal
Bolli A Morrj!ion, Nolary Public
Carllslo Boro, CumlJorlilnd County
My Commission Expire$ Doc. 15. 2000
MOrllbcl. P~.'n... Ivani#! A~soCIJljon 01 Nolarles
Pagel3
,
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Martha L. Neal, Notary Public
Carlislo Bora, Cumberiand County
My Commission e,plros Sept. 18, 1999
em er Pl1nsv V~nl? As~nr.!1,i"'" ,,,hill\<'
: SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this/D>0day ~t:.emiut, 1998, a
Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland,
TERRY LEE ULERY, SR., known to me (or satisfactorily proven) to be the pcrson whosc
name is subscribed to the within Marriagc Scttlcmcnt Agreemcnt , and acknowledges that he
executed the same for thc purposes thcrcin contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
7~)/1/H/
Page 14
I
I
" i
, r'
., r
'1
I
'- I
I
; I
,
.., I
. . I
lJ', "
t
I
I
I
I
I
I
i
i
!
i
,
!
,
I
I
I
CAROL ANN ULERY,
PlelntiO'
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
97-IQ51.o CIVIL TERM
I
,
~,
,
I
,
I
I
,
r
I
v. CIVIL ACTION - LAW
TERRY LEE ULERY, SR.,
Defendant IN DIVORCE
NOTICE TO DEFEND
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 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 of your children,
When the ground for 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 Courthouse, Carlisle, Pennsylvania 17013,
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
Cumberland County Courthouse
Fourth Floor
1 Courthouse Square
Carlisle, Pennsylvania 17013
(717) 240-6200
AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990, For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office, All arrangements must be made at least 72 hours prior to any hearing
or business before the court, You must attend the scheduled conference or hearing,
CAROL ANN ULERY,
PlaintllT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
.'~
97-19~ CIVIL TERM
TERRY LEE ULERY, SR.,
Defendant
IN DIVORCE
.,
COMPLAINT IN DIVORCE
PURSUANT TO SECTIONS 330l{al(6) AND 330l{c)
OF THE DIVORCE CODE
COUNT I
AND NOW comes the plaintiff, Carol Ann Ulery, by her attorneys, Irwin, McKnight &
Hughes, Esquires, and files this Complaint in Divorce against the defendant, Terry Lee Ulery, Sr.,
upon the cause of action hereinafter set forth:
I.
The name of the plaintiff is Carol Ann Ulery and the name of the defendant is Terry Lee
Ulery, Sr.
2.
The plaintiff is an adult individual who resides at p, 0, Bo" 143, Crab Orchard, Raleigh
County, West Virginia 25827,
3,
The defendant is an adult individual who presently resides at p, O. Box 221, Shermans
Dale, Perry County, Pennsylvania 17090,
4,
The plaintiff and defendant have resided in the Commonwealth of Pennsylvania for at least
six months previous to the filing of this action in divorce,
5,
The plaintiff and defendant were married on August 18, 1984,
6,
Pursuant to the Divorce Code, Section 330I(a)(6), the plaintiff avers as the grounds upon
which this action is based that the plaintiff is the injured spouse and that the defendant has offered
such indignities to her as to render her condition intolerable and life burdensome,
7,
There were four children born to this marriage, namely, Terry Lee Ulery, Jr" born
February 3, 1985, age 12, Michael Andrew Ulery, born August 27, 1987, age 9, Matthew Regis
Ulery, born November 14, 1989, age 7, and Brianna Emily Ulery, born April 19, 1992, age 4.
8,
The plaintiff avers that she has been advised of the availability of counseling and that said
party has the right to request that the court require the parties to participate in counseling,
WHEREFORE, the Plaintiff demands judgment
a, dissolving the marriage between the two parties;
b, equitably distributing all property, both personal and
real, owned by the parties; and
c, for such further relief as your Honorable Court may
deem equitable and just.
"",.
COUNT II
9.
The avennents of Paragraphs One through Five are incorporated herein by reference as
though fully set forth below.
10.
Plaintiff avers as the grounds upon which this action in divorce is based is that the
marriage of the parties is irretrievably broken,
11.
The avennents of Paragraphs Seven and Eight are incorporated herein by reference as
though fully set forth below.
WHEREFORE. the Plaintiff demands judgment
a, dissolving the marriage between the two parties;
b. equitably distributing all property, both personal and
real, owned by ihe parties; and
c, for such further reliefas your Honorable Court may
deem equitable and just.
Respectfully submitted.
IRWIN, McKNIGHT & HUGHES
By:
Rebecca R. Hughes, Esq r
Attorney for Plaintiff
60 West Pomfret Street
Carlisle. Pennsylvania 17013-3222
(717) 249-2353
Supreme Court I. D. No. 67212
Date: April.l5:..-. 1997
,....
VERIFICATION
The foregoing document is based upon information which has been gathered from the
plaintiff, Carol Ann Ulery, in the preparation of the filing of the Complaint in Divorce, The
language of this document may in part be the language of counsel and not that of the plaintiff. To
the extent that the complaint is based upon information which has been gathered by counsel, it is
true and correct to the best of the counsel's knowledge, information and belicf. The plaintiff is
presently out of the jurisdiction of the court, The undersigned is verifying on behalf of the
plaintiff according to 42 Pa,C,S,A. ~ 1024(c)(2), The undersigned understands that false
statements hcrein made are subject to the penalties of 18 Pa,C,S.A. Section 4904 relating to
unsworn falsification to authorities,
REBECCA R. HUG
Attorncy for Plainti ,
Carol Ann Ulery
Date: April /S, 1997
'.
I
;
t
I'
I
CAROL ANN ULERY,
PlalntllT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
I
v.
CIVIL ACTION - LAW
97-1956 CIVIL TERM
TERRY LEE ULERY, SR.,
Defendant
IN DIVORCE
AFFIDA VIT OF SERVICE OF COMPLAINT
PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(l)(i)
COMMONWEALTH OF PENNSYL VANIA
: SS:
COUNTY OF CUMBERLAND
NOW, Rebecca R. Hughes, Esquire, being duly sworn according to law, does depose and
state:
1. That she is a competent adult and attorney for the plaintiff in the captioned action in
divorce,
2. That a certified copy of the complaint in divorce was served upon the defendant on
April 21, 1997, by certified, restricted delivery mail, addressed to him at P. O. Box 221, Shermans
Dale, Pennsylvania 17090, with Return Receipt Number P 492 356 699.
Date: April 23, 1997
3. That the said receipt for certified mail is signed and attached hereto and made a part
hereof.
I veritY that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to
unsworn falsification to authorities
REBECCA R. HUGHES, E5
Attorney for PlaintilT
CAROL ANN ULERY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
97-1956 CIVIL TERM
TERRY LEE ULERY, SR.,
Defendant
IN DIVORCE
""
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
~
The Plaintiff, being duly sworn according to law, deposes and says:
I. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling.
..
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
~
"
3. Being so advised, I do not rcquest that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down.
I veritY that the statemcnts made in this affidavit are true and correct. I understand that
false statemcnts herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: September 5, 1998
at? r1/ !l/j(/J( ZfhL?;
CAROL ANN ULERY
-'\
"
'n
. , ,
,.,.
I ~J
( . ~
.
"
.t":'
1;1
1
,
(;1 .,