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HomeMy WebLinkAbout97-02882 - - . .. .') ~ ~ ~ ~ I 1 r ...... . ~,~-*--~_.~~_~__~_w.".~.,..~.,.,~,'~'..~.~~,~~~~-~.,~~ '. .f ._,'..................;-......... ...... ...... ........_........_,,, ~ - $ ?- M,., ,'~ : IN THE COURT OF COMMON PLEAS : ~ ',' ~ ~... S ~ ,,' ~ w. ... $. ~.' ~ ,,' ,', ~ " " M " ~ ., OF CUMBERLAND COUNTY DECREE IN uuuuDu''t ~~ 1~J.,~ ~:,~~f! decreed that.............., ..~~~~~,~:, ~!'~................, plaintiff, and, "" ",'" , , " ",' " ,P~w., A., ,~A,1J.I.!, " , , , " , " "" '" , , " defendant, are divorced from the bonds of matrimony. .~ ~ w. ~.' STATE OF L' ~ ~ ., ~ ',' ..LA~CE ,H~..I'AUL, ~ PLAINTIFF ,', ~ ~ ',' VCl'SllS DEBRA A. PAUL, ...... ......-... w. ',' DEFENDANT i ',' ," ,', ~ w ',' ~', ~ 81 ~ ,; W ~.' AND NOW, , $ ,', ~ ~ w ',' ~~ .......... ~ ~..... ,!"-,,,."r PENNA. " , "", , , I N () ...9.!..,::-..,~~,~~ ................. 19 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; None It is further ordered and decreed that the Marriage Settlement Agreement '~~~t~ 'by '~~ci 'betw~~~ 'th~ '~rties;' dated' May' 30:' i997',' ls' 'iilc:Cirixira'ted ' oy' 'referenCE! 'frleo elHll 'oect~' for' the' pur(lOses' of' enforcement',' but; 'Sha1:l: ' not be dee to have been IlErged with this Decree. ~ " ~ ~ ~ ---- :~:. ->>:. ~:. .:.... t" ) /:6: /J ..# . ~ J, ~l ..lUH-<!( . "~/. /-!~~I,,&; ~ '><2~n:l ,r ~d;, (~4 .; 7',/ Prolhoootary .'~ * ~ " ~ ~ ~~ ~ " ~ " w ',' ~ " ,', ~ w " ~ " ~ !' W ',' W ., . S a " ~ ',' .. ~ S ,,~ ~ i ',' S S ~ ',' S I~ ('" i~ )~ l~ i"- ;* .* s 0 ~ . . :~ /'.' . {;:." ::.;--::~.-::.;-~:;>' '.:.:: -.:.:. - .:.:. .:+:. .:.:. .:+:. ~.i:~'"~:.::' .:+:. .:.:. - .:.:. .:+:. .:.:. .:t:. .:.:. .:.f , r ~ MARRIAGE SETrLE:MENT AGREEMENT by and between DEBRA A.PAUL ~ ; and LAURENCE H. PAUL ll46-HIr.w,~A VIAIoIIOlI19I'11 );01.... 4 AGREEMENT MADE this MARRIAGE SETTLEMENT AGREEMENT .I/. 30 - day of A1,- , 1997, AND - Laurence HOI.ard Paul, by and between Debra Ann Paul ("Wife") - erroneously referred to in the Antenuptial Agreement as Lawrence H. Paul ("Husband"), at HarriSburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife having been married on October 15, 1994, at Camp Hill, Pennsylvania. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties executed an Antenuptial Agreement on October 10, 1994 (a copy of which is attached hereto as Exhibit A) which they now desire to modify by the terms of this Agreement; they also want to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; 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. NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises, covenants and undertakings hereinafter set forth o ~ I . and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and SeDaration. The parties agree to the entry of a decree in divorce pursuant to Section 33D1(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. This Agreement is not predicated 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 any action or actions for divorce, whether absolute or otherwise, upon just, legal and proper ground, nor to prevent either party from defending any such action - 2 - I 1 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 the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2. Division of Prooertv. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. Husband's Prooertv. The following property shall become the sole and exclusive property of Husband: (1) The property to which Husband is entitled pursuant to Paragraph (6) and Schedule A of the Antenuptial Agreement including but not limited to: (a) Residence located at 9 Appaloosa Way, Carlisle, Pennsylvania; (b) Residence located at 8196 Whispering Palm Drive, Boca Raton, Florida; (c) Residence located at Greens Condominium Apartment, Tamarac, Florida; (d) 1993 Ford Explorer; (e) 1997 Dodge Tacoma; - J - . l I . (f) Jet boat; (g) 24-foot po~toon boat (h) 16-foot fishing boat (i) Freedman, Kanenson and Lewis investment account/IRA with R. Charles Schwab; (j) Life insurance annuity with Providence Life; (k) Vita Ruth - Essence model jacuzzi; (1) All jewelry in Husband's possession. (m) Holy spirit Hospital retirement account; (2) Diamond engagement ring; (3) All household goods located at 9 Appaloosa Way, Carlisle, Pennsylvania, except for those items specifically distributed to Wife under section 2.B below. (4) Chocolate labrador known as Samantha; (5) Black labrador known as Baxter; (6) Wedding gifts as mutually agreed upon; (7) Dragon sculpture; B. Wife's PrODertv. The following property shall become the sole and exclusive property of Wife: (1) The property to which Wife is entitled pursuant to Paragraph (6) and Schedule B of the Antenuptial Agreement including ~ut not limited to: (a) Vehicle; (b) Individual Retirement Account (commonwealth of Pennsylvania); (2) The household goods from each room as set forth below: (a) Bedroom - framed picture of cats, television, VCR, small stereo; - 4 - : , (b) Loft - recamier, cordless phone, answering machine, black halogen light; (c) Hall bedroom - sectional sofa, white shelving unit, rust colored trunk, mustard cheesebox, lamps; (d) Bonus room - bed, dresser, oak sideboard, small television; (e) Basement - corner piece of sectional sofa being taken from the hall bedroom, coffee maker; (f) Kitchen - flatware, utensils, container, white dishes, four-piece set of Sasaki, small table with two chairs, canister set, pasta maker, food processor, pots and pans; (g) Family room - rust colored sofa, white chair, ottoman, crate end table, reading light, 32-inch Toshiba television, painting (Don), chalk drawing of Wife with frame; (h) Dining room - framed drawing (Don), wedding gifts as mutually agreed upon; (i) Miscellaneous - green planter (gift to Wife from Cheryl). (3) All jewelry except for the engagement ring which will be distributed to Husband as set forth above; (4) Keeshond known as Ruffy; (5) Three cats known as Kitty, Binky and Peyton; (6) Wife shall receive the sum of $33,000 from Husband within 10 days of the date this Agreement is signed. This is the adjusted sum being paid to Wife pursuant to the parties' Antenuptial Agreement dated October 10, 1994. The parties acknowledge that this satisfies in full the requirements of Paragraph (6)(c) and 20 of their Antenuptial Agreement. (7) Northwest Mutual Individual Retirement Account; 3. vacatinq the Marital Residence. upon approval from Husband, Wife shall be entitled to an additional 30-day period to move from the marital residence in addition to the 90-day period set forth in - 5 - I . paragraph 10 of the parties' Antenuptial Agreement dated October 10, 1994. Wife shall have the option of requesting this additional 30-day period only in the event that she is unable to locate alternative living accommodations. Husband shall not unreasonably withhold his approval of this extension. Wife agrees that she will not remove any items from the marital residence without Husband being present. 4. Additional Documentation. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 5. Transfers Subiect to Existinq Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 6. ReDresentations and Warranties. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 7. Equitable Division. By this Agreement the parties have intended to effect an equitable division of their jointly owned - 6 - I . property. The parties have determined that an equitable division of such property conforms to a just and right 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 intention of the parties to treat all transfers herein as non-taxable. 8. Relinauishment of Riqhts. Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets now belonging to Wife. Except as expressly provided herein, Wife forever relinquishes any right, title or interest she may now or hereafter have in any tangible or intang'ble assets now belonging to Husband. 9. After-Acauired Propertv. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. Husband hereby relinquishes all right, title and interest in any property purchased by Wife after the date this Agreement is signed by both parties. - 7 - . Wife hereby relinquishes all right, title and interest in any property purchased by Husband after the date this Agreement is signed by both parties. 10. Waiver bv the Parties. In exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division or assignment of property or similar marital rights. 11. Debts. Husband will assume responsibility for payment in full of all balances on the parties' joint credit cards. Husband will be responsible for any mortgage, debt, or obligation on the property distributed to him pursuant to paragraph 2.A above. Wife will be responsible for any mortgage, debt, or obligation on the property distributed to her pursuant to paragraph 2.B above. 12. Liabilities. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties - B - . hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 13. Counsel Fees. Costs and Exoenses. Husband will pay Wife $1,000 towards the payment of her legal fees. The balance of Wife's legal fees as well as all of Husband's legal fees, costs, and expenses incurred in connection with their separation and/or the dissolution of their marriage shall be their separate responsibility. 14. Full Disclosure. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and - 9 - . liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 15. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever; except any rights accruing under this Agreement. 16. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses - 10 - reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 17. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 18. Fair and Eauitable contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such - 11 - knowledge, and that execution of this agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 19. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, to rescind this Agreement, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 20. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 21. MOdification. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 22. Severabi1itv. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 23. ApPlicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, - 12 - EXlIIBIT "A" ANTENUPTIAL AGREEMENT it THIS ANTENUPTIAL AGREEMENT, made this /0 day of October, 1994, by and between Lawrence Howard Paul (hereinafter "Husband"), of Camp Hill, Cumberland County, Pennsylvania, and Debra Ann Rich . (hereinafter "Wife") of Camp Hill, Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, the parties hereto are contemplating marrying each other; and, WHEREAS, they desire and intend to establish their mutual property rights now and for the future, and to guarantee to each certain ownership rights in and to all the property and estate which each now owns or subsequently may acquire; and WHEREAS, the parties have discussed their property rights with each other and have made full and fair disclosure of assets to one another; and, WHEREAS, the real and personal property owned by each of the parties is set forth in Schedules "A" and "B" , hereto attached, and made a part of this Agreement. NOli, THEREFORE, in consideration of the marriage of the parties hereto, and intending to be legally bound, the parties mutually agree as follows: 1. The parties acknowledge that each has received the advice of independent counsel in the negotiation and execution of this Agreement, that each party has entered into this Agreement voluntarily fully intending to be legally bound hereby. ._.......'a , , 2. This Agreement is entered into by each of the parties hereto with the full knowledge on the part of each other as to the extent and probable value of the property or estate of the other. 3. A full disclosure of the extent and value of the property or estate of each.party has been made to the other. 4. This Agreement is made in consideration of the marriage of the parties, and in consideration of the mutual promises and releases that it contains. - S. If either party files for divorce with a court of competent jurisdiction for any reason, during the first two years of marriage, and no child has been conceived of the marriage, the parties agree as follows: (a) All property and estate of every kind and nature and wheresoever situate or replacement thereof, including any increase in value during the marriage, now owned by each of the parties individually prior to marriage as specified in Schedules "e" and "D" attached hereto and made a part of this Agreement, and any property inherited by each of the parties at any time shall be and remain forever the individual property and estate of the party so owning or acquiring it and neither of the parties shall acquire any interest in such individual property and estate or replacement thereof, including any increase in value during the marriage, of the other because of the marriage relationship. Each -2- party shall hold and possess all such property and estate or replacement thereof, including any increase in value during the marriage, as if he or she had remained unmarried. (b) All assets, accounts, funds, investments or property acquired during the marriage shall be divided equally between the parties. 6. If either party .files for divorce with a court of competent jurisdiction, for any reason, within the thix91. fourth or fifth year of the marriage, or if either party files for divorce with a court of competent jurisdiction for any reason and one or more children have been conceived of the marriage within the first five years of the marriage, the parties agree as follows: (a) All property and estate of every kind and nature and wheresoever situate or replacement thereof, including any increase in value during the marriage, now owned by each of the parties individually as specified in Schedules "e" and "D" attached hereto and made a part of this Agreement, and any property inherited by each of the parties at any time shall be and remain forever the individual property and estate of the party so owning or acquiring it and neither of the parties shall acquire any interest in such individual property and estate or replacement thereof, including any increase in value during the marriage, of the other because of the marriage -)- --..-----.,.-- relationship. Each party shall hold and possess all such property and estate or replacement thereof, including any increase in value during the marriage, as if he or she had remained unmarried. (b) All assets, accounts, funds, investments or property acquired during the marriage shall be divided equally between the parties. (c) Husband shall.pay to Hife the sum of $10,000.00 for each year or partial year of the marriage (determined by reference to the date of divorce) up to the sum of $50,000.00 upon entry of a final divorce decree. 7. If either party files for divorce with a court of competent jurisdiction, for any reason, after the fifth year of marriage, the parties agree as follows: (a) All property and estate of every kind and nature and wheresoever situate or replacement thereof, including any increase in value during the marriage, owned by each of the parties individually prior to marriage as specified in Schedules "e" and "0" attached hereto and made a part of this Agreement, and any property inherited by each of the parties at any time shall be and remain forever the individual property and estate of the party so owning or acquiring it and neither of the parties shall acquire any interest in such individual property and estate or replacement thereof, -4- including any increase in value during the marriage, of the other because of the marriage relationship. Each party shall hold and possess all such property and estate or replacement thereof, including any increase in value during the marriage, as if he or she had remained unmarried. (b) Any increase in value of any premarital residence will be considered marital property under the Divorce Code of 1980, as amended. Furthermore, any increase in value of Husband's Holy Spirit Hospital Retirement Account, after october 15, 1999, will be considered marital property under the Divorce Code of 1980, as amended. (e) All other property shall be divided and distributed according to the Divorce code of 1980, as amended. (d) Nothing in this Agreement is intended or should be construed to address or affect the right of either party to seek alimony pendente lite or alimony or the calculation chereof in accordance with Pennsylvania law after the fifth year of marriage. 8. Nothing herein shall be construed as preventing either of the parties from giving any of his or her property or estate to the other by deed, gift, will or otherwise. 9. Each of the parties agrees to join in any deed or -5- mortgage, or in the execution of any paper necessary to effect the sale of real estate or to assist the other in the administration, distribution or sale of his or her individual property or estate. 10. Husband agrees to provide at least ninety (90) days advance notice to Wife of any decision to sell, in whole or in part, the marital l:esidence, and to permit Wife to continue to reside therein for at least said period of time. 11. This Agreement is entered into in Pennsylvania and shall be construed under and in accordance with the laws of Pennsylvania and shall in no way be affected by any change in domicile of either party. 12. This Agreement shall bind and inure to the benefit of the respective parties, their heirs, legatees, devisees, personal representatives and assigns, notwithstanding the extent or size of the parties' individual estates at the time of the execution of this Agreement or subsequently thereto. 13. Neither party to this Agreement shall be responsible for any debts incurred by the other party prior to the time of signing this Agreement. Any such debt shall remain the sole and separate obligation of the party who incurred the debt. 14. This Agreement is entered into with the expectation and intention that the parties will be married on or before October 15, 1994. If, for any reason, the marriage does not occur, this Agreement shall be null and void. 15. Nothing contained in this Agreement shall be construed as -6- .. r---'--~-;--. . absolving either party of his or her legal duty to support any minor children of the marriage and to provide them with an education suitable to that party's circumstances. 16. This Agreement contains the entire understanding of the parties, and no representations or promises have been made except as are contained in this Agreement. 17. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 18. Waiver of any breach of this Agreement does not constitute approval or waiver of subsequent breaches. 19. Any subsequent amendment or modification of this Agreement must be agreed to by both parties in writing and executed with the same formality as this Agreement. 20. Upon the entry of a divorce between the parties, Husband shall have the option to purchase the diamond engagement ring from Wife for the fair market value of the ring at that time. 21. Nothing in this Agreement is intended or should be construed to address or affect the right of either party to seek spousal support or the calculation thereof at any time in accordance with Pennsylvania law. -7- >- _0 >- ~ c-: l- ? ~ en 5.,. LU~: (5'.' 0." :r.: ( '; -(.) ..... 1',-- ....: ~_.... :=: ' ~ 9L ,. ..." ":~:..Il 0" ~ u-ii:: n. r'i:Q it!; ...., ~;'I~ f.'- v: .....~ !5 ,.. :::. en U Ii= '- t': .... '" ~..... ~ en f~~ w~. ( ') .-::,~ :1: .=, ;~>' ff: ~-: J _~: . .L': :'~~'j <?(~ '0 >~;8 8'" -'( N , .. ,~._.,. cr:t.. 0... :".:- ...,u uJ ,~lu- i=" C/1 ;:; LL r- a 0 C'\ LAWRENCE H. PAUL, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNT~, PENNSYLVANIA NO. q'l) r f:l CLL~;'( -r".__ DEBRA A. PAUL, DEFENDANT CIVIL ACTION - DIVORCE NOTICE TO DEFEND AND CLAIM RIGlITS YOU HAVI DIIH 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 for any other claim or relief requested in these papers by the Plaintiff. You may lose monoy or property or other rights important to you, including custody or visitation of your children. When the ground for tho divorce is indignities or irretrievable broakdown of tho marriage, you may request marriage counseling. A list of marriago counsolors is available in the Office of the Prothonotary, Cumborland County Courthouse, Carlisle, Pennsylvania, 17013. Ir YOU DO NOT rILl A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S rlES OR EXPENSIS BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU KAY LOSI THI RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKI THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET rORTH BILOW TO rIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (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 accossible 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 of business before the Court. JIC6-~DIVOaC8COIolPUINT/^VIJW 0l1l1J9711:01... -, LAWRENCE H. PAUL, IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA . . ~ 'C..- v. . NO. 1'7.;JffJ. . . . DEBRA A. PAUL, . . DEFENDANT . CIVIL ACTION - DIVORCE . .oF THE DIVORCE CODE TO THB HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Lawrence H. Paul, by his attorneys, SMIGEL, ANDERSON & SACKS, and represents as follows: COUNT r DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Lawrence H. PaUl, who currently resides at 9 Appaloosa Way, Carlisle, Pennsylvania 17013 and has resided there since on or about 1994. 2. Defendant is Debra A. Paul, who currently resides at 9 Appaloosa Way, carlisle, Pennsylvania 17013 and has resided there since on or about 1994. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 15, 1994, at Camp Hill, Pennsylvania. rJ. 0.).... \l-"" ;)...J ~ Q-" ,-.. d e. ~ ~ 'J'! '0 ~ I' ~, ..... g ~ >- In I"~ ..~ Lr. ,.... f ~'~ , .. tJ1 ~. .. O. (;.:: , I:i:' " .' I,.'; ;-~ ':- g' ','4 " : " t:o.J' . c. .<::i 0, -. co: ) Ci.;' " ,-- ;-.. f :~1 ':;J ~ t~._ ~- , ~.:~ (., r- .:: c, () ~ LAURENCE H. PAUL, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97 - 2882 CIVIL TERM DEBRA A. PAUL, DEFENDANT CIVIL ACTION - DIVORCE .M'.I."wA VIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under S3301(c) of the Divorce Code was filed on May 30, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of 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. 4. I understand that I may los~ rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being entered by the Court. >- ~ ~ C", f-- (i, .;'?~. U.IQ ~_jr::' 0"'; ,- " )....1 c;: ~~.l -...:. ...: .' :--.: Sr' _1,.1 C:. ",0:- DC o.=J .'.~S!] N ..",. u,ll., ;'- -;, - t'" IL ;tHH u:... ' ~ L~U. ... .,. VI lL. ,... ::> 0 C' U ,~ lr. >- CO'J .- i;!: (j, ~i .- U,~J ,",;'; () ~;:~ :l:; {.1 ~', [f' .~ ~.... ~r:" .,.... ..,~ Oc. "- @::l "" ::'-io N '-)7:~ ,- -.. -dll: 0- '-j(ij 0:;... W : ('u., ~ C;; ~' ;, u. r- ::> 0 0" U >. -. "- 0- ,"; r-:. ,r. Z.' .~': '.-:- 6\ II J~:-' . (.)-. .- , , . 0:''' ~.: ,.. ~l. ~L ~~: ~ 0..' , ' ,,) ~! :7; '-)j '~ lLJ'- N rt~~ o. ;JCD ~- LJl ;.~ tl.. t-- <tl -.. lL ,.... ;:, (,) en U .. , . . ,., '. " ( . . , U 0: GI II: W .., U) t U) w :J ): ~ ~ j ~ 8 ::c:: .. z t'] · 0 U) . III I[ )( :l )00 li:. 0 ~ ~ % m :I Q:" . en 0 ~ 0 II: ~ a: w < ~ " - ~ ~ ~ . II: '" Cl ~ '" ~ .;., ."".. \0 , , .I. . ~ " 8 l'l o Q !:: . i ~ . z z w .. Ii . , . . ii . . 1: . . , . '>- -- ~; O. ,,: ~1~ "- l-" lr : '~.... ~'~:~. ;' ~l ':.: -',..-. ,.:"t,. ..'-: It.. 11-" -. ., ~~i (d ~, ,(.) ~~- : ~l\ " u... N _,:t-; t.:l.: l'l. :! !j.j i~': \.i. I ~~'I ,~ V; l:i r- '-j 0' U '. . . U 0: m 8 II W 1'I '" 0 III . 2 w III w .- :> ~ . 0( . 8 . III Z . i :<: . z 1'I ~ . . 0 Ul ~ ~ . ~ 2: > 0 w ~ 0( z . m z :t . . z III 0 · 0 w II ~ ~n: .. ... 0( ,; '" iii . u , ~ 1'I G ~ . i II . . ... J: " I:! ... ::!: ." ',._ '11 . , .'. . . '( \ , , . 3146-~_c';NooIcoIAVIAWIA_'I,I9t7 . '. . LAURENCE H. PAUL, . IN THE COURT OF COMMON PLEAS . PLAINTIFF CUMBERLAND COUNTY, PENNS~LVANIA . . v. . rlo. 97 - 2882 CIVIL TERM . . . DEBRA A. PAUL, DEFENDANT . CIVIL ACTION - DIVORCE . WAIVER OP NOTICB OP INTENTION TO REQUEST ENTRY OP A DIVORCB DECREB UNDER S 3301(0) OP THB 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: ~ /1,/17 DEBA~ ~ .. I - c': ,',': 1 .' .. 0 , i' ~"J I , l~, , ,.. '-U i'. 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