HomeMy WebLinkAbout03-0201BARBARA ANN CONREY,
PLAINTIFF
VS.
PAUL L. CONREY, JR.,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: 05 -dO ! CIVIL TERM
NO.
: CIVIL ACTION - LAW
: ACTION FOR DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed
without you and a decree of divorce or annulment may be entered against you by the court. A judgment
may also be entered against you for any other claim or relief requested in these papers by the plaintiff.
You may lose money or property or other rights important to you.
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, One Courthouse Square, Carlisle, PA 17013-3387.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE
THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle PA 17013
(717) 249-3166
1-800-990-9108
BARBARA ANN CONREY,
PLAINTIFF
PAUL L. CONREY, JR.,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. ~.~- o20 t CIVIL TERM
:
: CIVIL ACTION - LAW
: ACTION FOR DIVORCE
COMPLAINT FOR NO-FAULT DIVORCE
UNDER SECTION 3301 c OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, BARBARA ANN CONREY, by and through her
counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes
the following consolidated complaint in divorce for divorce.
1. Plaintiff is BARBARA ANN CONREY, an adult individual, who currently
resides at 5011 Seneca Drive, Mechanicsburg, Cumberland County, Pennsylvania, ~7050, and
has resided in Cumberland County for over five (5) years.
2. Defendant is PAUL L. CONREY, JR., an adult individual, who currently resides
at 6204 Westover Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050.
3. 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 lawfully married on December 31, 1974.
5. There have been no prior actions of divorce or for annulment between the parties
except this Complaint filed for divorce.
o
The marriage is irretrievably broken.
Plaintiff has been advised of the availability of counseling and of the right to
request that the court require the parties to participate in counseling. Plaintiff has chosen not to
engage in, or to request any counseling.
8. Neither Plaintiff nor Defendant was a member of the United States Military
Services.
9. Plaintiff and Defendant have one (1) child from their marriage, JESSICA L.
CONREY, born on February 20, 1981. Plaintiff was married prior to her marriage to the
Defendant and had one (1) child born of that marriage, JENNIFER M. LANGAN, born July 17,
1971. The Defendant adopted JENNIFER M. LANGAN during the marriage with the Plaintiff.
Both of these children are no longer minors and are not a part of this Complaint.
10.
thereto.
~_S~ .FOR NO-FAULT DIVORCE
UNDER SEC~
......... · -,.,~,~t c ,~ lil~ DIVORCE CODE
Paragraphs 1 through 9 of this Complaint are incorporated herein by reference
11. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff
intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file
such an affidavit.
WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90)
days have elapsed from the date of filing of this Complaint, Plaintiff, BARBARA ANN
CONREy, respectfully requests the court to enter a Decree of Divorce pursuant to Section
3301(c) of the Divorce Code.
COUNT II - RE UEST FOR E UITABLE DISTRIBUTION OF
MARITAL PROPERTY UNDER SECTION 3502 a OF THE DIVORCE CODE
12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference
thereto.
13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital
property between the parties without regard to marital misconduct in such proportion as the Court
deems just after consideration of all relevant factors.
WHEREFORE, Plaintiff, BARBARA ANN CONREy, respectfully requests the Court
to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the
Divorce Code.
COUNT III - RE UEST FOR SPOUSAL SUPPORT AND OR ALIMONY
UNDER SECTIONS 3701 a and 3702 OF THE DIVORCE CODE
14.
thereto.
Paragraphs 1 through 13 of this Complaint are incorporated herein by reference
15. Plaintiff is unable to sustain herself during the course of litigation.
16. Plaintiff lacks sufficient property to provide for her reasonable needs and is
unable to sustain herself through appropriate employment.
17. Plaintiff requests the Court to enter an award of spousal support until final hearing
and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of
the Divorce Code.
WHEREFORE, Plaintiff, BARBARA ANN CONREy, respectfully requests the Court
to enter an award of spousal support until final hearing and thereupon to enter an order of
alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code.
Dated: January ?~, 2003
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
PA I.D. # 64998 \ ~J
5021 East Trindle Road, Suite ]00
Mechanicsburg PA ]7050
(7]7) 796-1930
VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document are true
and correct to the best of her knowledge, information, and belief. This verification is made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
DATED: I- q-O;~
BARBARA ANN CONREY (1
BARBARA ANN CONREY,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
:
vs. : NO. 03-201 CIVIL TERM
:
: CIVIL ACTION - LAW
PAUL L. CONREY, JR.,
DEFENDANT
: ACTION FOR DIVORCE
AFFIDAVIT OF SERVICE CER rIFIED MAIL
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Be it known, that on the ~3'4x'x day of
SS:
:
,2003, before me, the
subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly
sworn according to law, did depose and state as follows:
1. I am an attorney licensed to practice law in the .Commonwealth of Pennsylvania.
2. I represent Barbara Ann Conrey, Plaintiff in the: above-captioned matter.
3. On January 21, 2003, a true and correct copy of the Complaint for No-Fault
Divorce Under Section 3301(c) of the Divorce Code, was deposited for delivery with the U.S.
Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted
delivery, return receipt requested, Article No. 7001 25~0 0003 4439 9321, and addressed to the
Defendant, Paul L. Conrey, Jr., at 6204 Westover Drive, Mechanicsburg PA 17050.
4. The return receipt card signed by the Defendant, Paul L. Conrey, showing a date
of service of January 23, 2003, is attached hereto as Exhibit "ix.".
5. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and
Pa.R.C.P. 403.
Counsel for Pl~t~
SWORN TO AND SUBSCRIBED before me, a Notary Public, this ,.,,~)4~ day of
~~~._,~ ,2003.
Notary Public
My Commission Expires:
Notarial Seal
Kimbedy R. Hanford, Notary Public
IVlechanicsfiurg Bom, Cumberland County
My Commission Expires Apr. 4, 2005
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
RESTRICTED
DELIVERY
2. Article Number --
~,~ns~ ~ ~ ~) 7001
[] Addressee
B. Received by ( Printed Name) Date of Delivery
D.Is delivery a,~ress different from item 17 [] Yes
If YES, ent~~ress below: [] No
JAN 2 3
J3..Sen, i~e Type · ,~,
[] Registe~t~' eturn Receipt for Merchandise
[] Insured Mail [] C.O.D.
4. Restricted Dellve~j? (Ex~a
2510 0003 4439 9321
PS Form 3811, August 2001
Domestic Return Receipt
102595-02-M-1540
Exhibit "A"
LAW OFFICES
MARLIN R. McCALEB
BARBARA ANN CONREY,
Plaintiff
vs.
PAUL L. CONREY, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-201 CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR DIVORCE
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance for and on behalf of Paul L.
Conrey, Jr., the Defendant in the above divorce action.
Date: February
2003
Attorney I.D. No. 06353
219 East Main Street
P.O. Box 230
Mechanicsburg, Pennsylvania 17055
(717) 691-7770
Attorney for Defendant
CERTIFICATE OF SERVIC~
I hereby certify that a true and correct copy of the within
Praecipe for Entry of Appearance was served upon the Plaintiff
herein, or her attorney, on February ~ , 2003, by depositing
same in the mail at the United States Post office at
Mechanicsburg, Pennsylvania, postage prepaid, properly
addressed as follows:
Susan Kay Candiello, Esquire
Law Firm of Susan Kay Candiello, P.C.
5021 East Trindle Road, Suite 100
Mechanicsburg, PA 17050
Marlin R. McCaleb
LAW OFFICES
MARLIN R. M¢CALEB
MARLIN R. McCALEB
BARBARA AIqN CONREY,
Plaintiff
VS.
PAUL L. CONREY, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-201 CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR DIVORCE
AFFIDAVIT OF CONSEI~T
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on January 13, 2003, and served on me by
certified mail on or about January 23, 2003.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety 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.
4. I am not a member of the armed forces, nor in active
military service, of the United States of America or the
Commonwealth of Pennsylvania or any other state or country.
I verify that the statements made in this affidavit are
true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S., Section 4904,
relating to unsworn falsification to authorities.
Date: dk~ , , 2003
Paul L. Conrey, Jr., Defendant
MARLIN R. McCALEB
BARB~RA ANN CONREY,
Plaintiff
VS.
PAUL L. CONREY, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVkNIA
NO. 03-201 CIVIL TERM
CIVIL ACTION - LAW
ACTION[ FOR DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
]3301 (c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce
without notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not
claim them before a divorce is granted.
3. I understand that I will not be divorced until a
divorce decree is entered by the Court and that a copy of the
decree will be sent to me immediately after it is filed with
the Prothonotary.
I verify that the statements made in this affidavit are
true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. Section §4904,
relating to unsworn falsification to authorities.
~' Paul L. Conrey, Jr., Defendant
BARBARA ANN CONREY,
PLAINTIFF
VS.
PAUL L. CONREY, ~R.,
DEFENDANT
IN THE COIYRT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03.-201 CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaim in Divorce under Section 3301(c) of the Divorce Code was filed on
January 13, 2003.
2. The marriage between the Plaintiff. and Defendant is irretrievably broken and ninety
(90) days have elapsed fxom the date of filing the Complaint.
3. I consent to the entry of a final Decree in Divorce, after the service of notice of
intention to request entry of the decree.
4. I understand that if a claim for alimony, alimony pendeme lite, equitable distribution
of marital property, counsel fees or expenses has not been filed with the Cou~ before the entry of
a final Decree in Divorce, the right to claim any of them will be lost.
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 ~, divorce decree being handed
down by the Court.
I verify that the Statemems in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unswom falsification to authodties.
DATE
BARBARA ANN CONREY
BARBARA ANN CONREY,
PLAI~rn~
VS.
PAUL L. CONREY, JR.,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03-201 CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER SECTION 3301(c~ OF 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 ifI 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 alter it is filed with the
prothonotary.
I verify that the statements made in this affidavit are tree and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to anthodties.
DATE
BARBAI~LA ANN CONI~Y
MAR£1N R. McCALEB
THIS
of
CONREY,
party of
PAUL L.
PROPERTY SETTLEMENT AGREEMENT
GREEMENT made and entered into this ~ ~ ~
day
~13}~ , 2003, by and between BARBARA ~
Hampden Township, Cumberland County, Pennsylvania,
he first part, hereinafter referred to as "Wife," a
NREY, JR., also of Hampden Township, Cumberland
County,
referred
WITNE
WHERE
been marr
WHERE
parties a
and apart
lives; an(
WHEREA
status by
Divorce Co
WHEREA
further de
settlement
Pennsylvania, party of the second part, hereinafter
o as "Husband."
SETH:
S, the parties hereto are husband and wife, having
ed on December 31, 1974; and
S, certain differences have arisen between the
a consequence of which they intend to live separat.
from each other during the rest of their natural
~, the parties intend to dissolve their marital
neans of a divorce pursuant to Section 3301(c) of ti
~e of Pennsylvania, by mutual consent; and
~, the parties desire to confirm their separation a]
~ire to enter into an agreement for the final
of their property and affaJ, rs.
NOW,
further co
mutually t.
as for oth,
follows:
1. SE:
T{EREFORE, in consideration of the foregoing and in
%sideration of the covenants and promises hereinaft(
be kept and performed by each party hereto, as we]
r good and valuable considerations, it is agreed a~
~ARATION. It shall be lawful for each party at all
MARLIN R. McCA£EB
times her
party, at
may chose
2. ~
interferel
other in ~
unmarried
conduct,
professio
advisable.
malign th~
attempt t¢
her.
3. _____
intestate
her inchoa
of the pal
herself,
assigns,
the other
administr
all clai~
~after to live separate and apart from the other
such place of places as he or she from time to
or deem fit.
~INTERFERE~CE. Each party shall be free from
ice, authority and control, direct or indirect, by
~11 respects as fully as if he or she were single
Each may, for his or her separate use or benefit
:arry on and engage in any business, occupation,
or employment which to him or her may seem
Neither party shall molest, harass, disturb or
other or the family of said other, nor compel or
compel the other to cohabit or dwell with him or
~3AL RELEASES. Husband relinquishes his inchoate
right in the estate of Wife, and Wife relinquishes
te intestate right in the estate of Husband, and es
ties hereto by these presen~ss, for himself or
is or her heirs, executors, administrators or
~es remise, release, quitclaim, and forever dis
party hereto, his or her heirs, executors,
~ors or assigns, or any of them, of and from any
demands, damages, actions, causes of actions, or
suits at
because of
done by sa
except tha
1 ~w or in equity, of whatsoever kind or nature, for
any matter or thing done, omitted, or suffered to
id party prior to and including the date hereof;
this release shall in no way exonerate or dischar
-2-
MARLIN R. McCALEB
either pa
imposed b
any cause
have agall
agree tha
which are
and made
Schedule
personal
furniture
clothing
which is
5. D
covenant
above, ha
between t~
all of he:
known and
Cumberland
August 19
estimate
first mor
balance oJ
mortgage
?ty hereto from the obligations and promises made
reason of this Agreement, and shall in no way aff~
~f action in absolute divorce which either party
let the other party.
~RITAL PROPERTY. The parties hereto acknowledge
they acquired various assets during their marry'
more fully set forth in Schedule "A" attached here
part hereof. In addition to the assets set forth
A", the parties also acquired certain tangible
~roperty, in the form of household contents,
furnishings, equipment, appliances, tools,
~nd other personal property, the extent and value c
~nown to both of them.
iSTRIBUTION OF MARITAL PROPERTY. The parties heret~
.nd agree that the assets described in Paragraph 4,
'e been or are hereby being divided and distributed
.em as follows:
a) House. Wife shall grant and convey unto
right, title and interest in and to the family
numbered as 6204 Westover Drive, Hampden Township,
County, Pennsylvania, which the parties purchased
1981, at a price of $89,000.00, and which they now
o be worth $212,000.00, and which is encumbered by
gage in favor of Fulton Bank, having a principal
$28,349.90 as of January 1'7, 2003, and a second
favor of Dauphin Deposit Bank and Trust Company
-3-
LAW OFFICES
MARLIN R. McCALEB
(now Allf
as of Jan
mortgages
in Subpar
liability
shall be
acknowled
refinanci
mortgage
recision,
shall be
expiratio
be held ii
day follo~
attorney
as set fo
shall del~
sum of
to Wife's
delivery
above.
any and a
1995 Jeep
hereafter
Lrst Bank), having a principal balance of $18,752.36
lary 10, 2003. Husband shall refinance the exl
to provide funds for the payment to Wife as ~
~graph (b), below, and to terminate Wife's personal
on the existing mortgages. The aforesaid conveyan(
)y general warranty deed to be executed and
~ed by Wife at the time of settlement on Husband's
lg of the mortgage loans. In the event that Hut
~efinancing shall be subject to a three-day right of
then settlement on the transfer of the real estate
~xtended to the first business day following
of the recision period and~ the executed deed shall
escrow by Wife's attorney. On the first business
~ing expiration of the recision period, Husband's
~hall deliver to Wife's attorney a check in the
'th in Subparagraph (b), below, and Wife's attorney
.ver the executed deed to ~usband's attorney.
b) Cash. Husband shall pay to Wife, in cash, the
3,553.59, which shall be paid by ~usband to Wife,
attorney on behalf of Wife, upon Wife's execution
o Husband of the deed described in Subparagraph (a
c) Automobiles. ~usband relinquishes and disclal
1 ownership, right, title and interest in and to
Grand Cherokee and ~usband agrees that Wife shall
be and remain the sole and separate owner of same.
-4-
LAW OFFICES
MARLIN R. McCALEB
Wife reli:
title and
agrees th~
separate
they have
whether il
Husband r~
right, ti~
funds the:
possessio]
shall her~
such acco~
and all o~
accounts
account a
possessio~
Husband s!
owner of
Smith Bar:
equally bE
the partie
execute w~
accomplis~
parties hE
~quishes and disclaims any and all ownership, right,
interest in and to the 2002 Monte Carlo and Wife
~t Husband shall hereafter be and remain the sole al
)wner of same.
Id) Bank Accounts. Husband[ and Wife acknowledge tl
resolved ownership of all bank accounts held by the
~dividually or jointly, during their marriage.
~linquishes and disclaims any and all ownership,
~le and interest in and to all bank accounts and the
~ein, including her Commerce Bank account, now in t~
of Wife and owned by her and Husband agrees that
after be and remain the sole and separate owner of
[nts and funds. Wife relinquishes and disclaims an~
~nership, right, title and interest in and to all b~n]
~nd the funds therein, including the Allfirst joint
~d the First Union National Bank accounts, now in t~
of Husband and owned by him and Wife a~rees that
~11 hereafter be and remain the sole and separate
uch accounts and funds.
e) Stock The joint brokerage account at Salomon
ey (Account No. 724-03727-19 364), shall be divided
tween the parties hereto as of date of transfer and
s covenant and agree to take whatever actions and t
atever documents that are r~asonable and necessary
such division of the joint account. Each of the
reby relinquishes and disclaims any and all
-5-
MARLIN R. McCA[EB
ownership
the joint
herein an~
and separ~
sets over
Salomon S1
as of dat~
Traveler'~
date of ti
or loss f~
actually
and agree
documents
transfers
Qualified
Orders fr(
all owner~
of either
that Husb~
separate
disclaims
entitlemer
benefits l
including
right, title and interest in or to that portion of
account being transferred to the other as provided
~ agrees that the other shall be and remain the sol(
~te owner of same.
If) IRA Accounts. Husband hereby transfers,
and conveys unto Wife fifty (50%) percent of his
]ith Barney IRA account (Account No. 724-67342-19 3(
of transfer and fifty (50%) percent of his
Life & Annuity IRA (Account No. 9872925) as of
e Qualified Domestic Relations Order, to include
~om the date of said QDRO to the date the money is
~emoved from this account, and both parties covenan
to take whatever actions and to execute whatever
that are reasonable and necessary to accomplish sa
to Wife, including but not necessarily limited to
Domestic Relations Orders or Domestic Relations
~m the Court. Wife relinquishes and disclaims
:hip, right, title and interest in or to that
IRA account being retained by Husband and Wife agre
.nd shall hereafter be and remain the sole and
,wner of same.
g) Retirement Benefits. Husband relinquishes and
any and all ownership, right, title and interest
t in or to any and all retirement and/or pension
ow vested or hereafter to become vested in Wife,
her Capital Blue Cross retirement, and Husband agre
-6-
MAREIN R. McCALI:B
that all
her sole
disclaims
entitlem~
benefits
includin~
Plans and
that all
his sole
any and
and all
including
Company,
remain th
relinquis]
and inter~
owned or
hereafter
acknowled(
personal
contents,
jewelry,
relinquis
and inter.
~uch benefits of Wife shall
~nd separate property.
any and all ownership,
it in or to any and all
hereafter be and remain
Wife relinquishes and
right, title and interest o~
retirement and/or pension
low vested or hereafter to become vested in Husband
his Boscov's Profit-Sharing and Deferred Savings
his Capital Blue Cross retirement, and Wife agrees
~uch benefits of Husband shall hereafter be and rem~
~nd separate property.
Ih) Life Insurance. Wife relinquishes and disclai~
_1 ownership, right, title and interest in or to an
1.fe insurance policies now owned or held by Husband
his policies through ING Security Life Insurance
~nd Wife agrees that Husband shall hereafter be and
sole and separate owner of same. Husband
es and disclaims any and all ownership, right, tit]
~st in and to any and all life insurance policies nc
~eld by Wife and Husband agrees that Wife shall
be and remain the sole and separate owner of same.
i) Household Furnishin~s. Husband and Wife
Ie that they previously divided their other tangibl~
~roperty, including but not limited to household
furniture, furnishings, equipment, appliances, tool
~lothing and other personal property and each
.es and disclaims any and all ownership, right, titl
st in and to said items of personal property now in
-7-
MARLIN R. McCAL£B
possessio~
other sha
items in
6.
been payil
per month
executed
executed
Stipulati
thereunde~
month in
be obliga
except
7. Al
as alimon,
first day
Agreement
permanent
terminate
sex who i~
consanguil
Provi(
which the
of the other and each covenants and agrees that the
1 be and remain the sole and separate owner of tho~
his or her possession.
~OUSAL SUPPORT. The parties agree that Husband has
~g spousal support to Wife at the rate of $1,000.00
pursuant to a certain Stipulation for Spousal Supp¢
~nd acknowledged by Husband on March 4, 2003, and
~nd acknowledged by Wife on March 11, 2003. Said
)n for Spousal Support, and Husband's obligations
~, shall terminate as of the final day of the calen¢
;hich this Agreement is executed and Husband shall
~ed for payments of Spousal Support after that date
any payments accrued but unpaid as of that date.
IMONY. Husband covenants and agrees to pay to Wife
,, the sum of $800.00 per month, commencing as of t~
of the calendar month following the date of this
Husband's obligation for alimony hereunder shall
.y end and his payments to Wife shall permanently
upon the earliest of the fc. llowing events:
ia) Wife's remarriage;
b) Wife's cohabitation with a person of the oppos~
not a member of her family within the degrees of
ity; or
c) The seventh anniversary of this Agreement.
[ed, however, that alimony for the calendar month in
seventh anniversary of this Agreement occurs shall
-8-
MARLIN R. McCALI~B
pro-rated
be liable
month to
In th
alimony a.
personal
agrees tc
the condi'
before th,
covenants
to his da~
rate of $~
anniversa:
All al
taxable t(
purposes.
The p~
are impor!
Husband si
constitut(
Husband's
nature of
bankruptcI
thereto.
8.
provided
as of the seventh anniversary date and Husband shall
only for the pro-rated amount for that portion of
:he date of the seventh anniversary of this Agreeme
event of Husband's death before the termination of
provided above, Husband, for himself, his heirs,
epresentatives, successors and assigns, covenants
continue the payment of alimony to Wife, subject t.
~ions set forth above. In the event of Wife's deatt
termination of alimony as provided above, Husband
and agrees to continue the remaining monthly paymer
~ghters, Jennifer Conrey and. Jessica Conrey, at the
:00.00 per month to each, until the seventh
7y of this Agreement.
.imony payments by Husband to Wife hereunder shall
Wife and deductible by Husband for income tax
rties agree that the aforesaid payments of alimony
ant for the support and maintenance of Wife. If
.bsequently files for bankruptcy, this Agreement
conclusive evidence of the parties' intent that
obligation for alimony as herein provided is in the
support and maintenance and is not dischargeable in
under the current bankruptcy law or any amendment
~DF~41~IPICATION FOR PAST D~BTS. Except as otherwise
n Paragraph 5, above, each of the parties hereto
-9-
MARLIN R. M¢CALEB
covenants and agrees to assume full responsibility for and t~
pay all d~bts and obligations of whatsoever kind or nature
incurred individually by that party prior to the day and date
of this A 'reement, and each of the parties hereto hereby
covenants and agrees to indemnify the other party and save h2
or her harmless from all liability or claim on account of sa~
debts and obligations from and after the date hereof.
9. F'/TURE OWNERSHIP OF PROPERTY. Each of the parties
hereto ma
or rights
property,
her, with
fully and
though he
10.
prevailin
fiscal ri,
spousal
divorce,
counsel
equitable
intention
provided
hereby wa
shall have
party of
hereafter own and enjoy, independently of any cla2
Df the other, all items of personal and real
tangible or intangible, hereafter acquired by him
full power in him or her to dispose of the same as
effectively in all respects and for all purposes a~
or she were unmarried.
g3TUAL RELEASES. The parties acknowledge that unde]
Pennsylvania law they each have certain possible
hts, including but not limited to the following:
s~pport, alimony pendente lite in the event of a
)ermanent alimony subsequent to a divorce, recovery
~es, costs and expenses in the event of a divorce,
distribution of marital property. It is the
of the parties hereto that except as otherwise
~erein, all of the foregoing rights and remedies a~
.ved and forever released and that this Agreement
the effect of a final Order of Court relieving ea~
he obligation to the other for any and all of the
-10-
LAW OFFICES
MARLIN R. M¢CALEB
foregoing
provided
that exce
and fore~
spousal
against
alimony
from the
equitable
will seek
equity.
11.
agree tha
Agreement
time as a
to the pal
the terms
of divorc~
the parti~
such divo~
independel
maintain
Ordered
or as oth~
shall inc~
from brea(
possible rights and remedies, except as otherwise
%erein. Specifically, both parties covenant and ag]
~t as otherwise provided herein: both waive, relea~
r relinquish their respective possible rights of
s~pport, alimony pendent lite and alimony of, from al
tie other party; neither party will at any time seek
p~ndente lite, alimony, counsel fees, costs or expen~
)ther party; and the parties have effected an
distribution of their marital property and neither
further distribution by any action at law or in
~FFECT OF DIVORCE DECREE. The parties covenant and
unless otherwise specifically provided herein, th~
shall continue in full force and effect after such
final decree in divorce may be entered with respec~
~ties. The parties further covenant and agree that
of this Agreement may be incorporated into any dec~
which may be entered with respect to them. How
s intend that this Agreement shall not merge with
7ce decree, but rather shall continue to have
~t contractual significance. Each party shall
~is or her contractual remedies as well as Court-
~medies as the result of the aforesaid incorporati
~rwise provided by law or statue. Those remedies
.ude, but need not be limited to, damages resulting
Ih of this Agreement, specific enforcement of this
-11-
MARLIN R. McCALEB
Agreement
Order of
distribut
Divorce C,
amended ol
12.
hereby cc
incur or
on behalf
party may
each of tl
indemnify
liability
and after
13.
from time
acknowled~
further dc
required
provision
14.
affect or
absolute
exist or
to condo~
part of eJ
pertaining to failure to comply with ~n
and
remedies
2ourt or Agreement pertaining to equitable [
Lon or alimony as set forth in the Pennsylvania
)de or other similar statue now in effect and as
hereafter enacted.
NDEMNIFICATION FOR FUTURE DEBTS. Each of the part~
tenants and agrees with the other party not to make
~ttempt to make or incur any debt or obligation for
of the other party hereto, or for which the other
be held liable, from and after the date hereof,
~e parties hereto hereby covenants and agrees to
the other party and save him or her harmless from
or claim on account of said debt or obligations
the date hereof.
)THER DOCUMENTS.
Each of the parties hereto shall,
to time, at the request of the other party, execute
[e and deliver unto said other party any and all
~cuments or instruments which may be reasonably
~o give full force and effect to the terms and
of this Agreement.
IVORCE. This Agreement shall not be construed to
bar the right of either Husband or Wife to an
.lvorce on legal and truthful grounds if they now
~ay hereafter arise. This Agreement is not intended
and shall not be deemed to be a condonation on the
ther party hereto of any act or acts on the part of
-12-
the other
subsequen
the parti.
divorce c,
Cumberlan~
pursuant
Pennsylva
broken, a:
file the
notice ne
basis of
certified
15.
clause or
or consid(
provision
Agreement
competent
continue
16.
be constx
Pennsylval
party which have occurred prior to or which may occur
to the date hereof. It 'c. ~
|
iL, understood, however, t at
s will dissolve their marriage by way of an action
)mmenced by Wife in the Court of Common Pleas of
~ County, Pennsylvania, to No. 03-201 Civil Term,
:o Section 3301(c) of the Divorce Code of
lia, on the grounds that the marriage is irretri~
id that both parties agree to forthwith execute and
~ppropriate affidavits of consent and waivers of
:essary to complete said action in divorce on the
%utual consent. Wife shall provide Husband with a
copy of the Decree of Divorce entered in said acti~
IEV~RABILIT¥. The waiver of any term, condition,
)rovision of this Agreement shall in no way be dee~
?ed a waiver of any other term, condition, clause
of this Agreement, and if any provision of this
is held to be invalid or unenforceable by a court
jurisdiction, all other provisions shall neverthel
o be in full force and effect.
,AW OF PENNSYLVANIA APPLI~mLE. This Agreement sha~
ed under the laws of the Commonwealth of
ia.
17.
that they
fully revJ
seek and
)VICE OF COUNSEL. Both parties covenant and agree
have had ample and sufficient time to carefully and
ew the terms and provisions of this Agreement and t
btain the advice and counsel of an attorney with
-13-
MARLIN R. M¢CALEB
respect t~
Kay Candi.
Marlin R.
reviewed
counsel.
understan
based, th~
assets, t!
and equit~
and volunt
Agreement
and that
illegal a~
18.
understan~
prior agrE
further aG
represents
whatsoeve~
19.
binding u
executors
IN WI
legally b,
the same. Wife has engaged the services of Susan
11o, Esquire, and Husband has engaged the services
McCaleb, Esquire, and each party has carefully
~he terms and conditions of this Agreement with
Both parties covenant and agree that they fully
the facts upon which this Agreement is premised
they believe there has been full disclosure of
~at they believe this Agreement to be fair,
.ble, that said Agreement is being entered into free
arily by each of them, and that the execution of
is not the result of any duress or undue influence
t is not the result of any collusion or improper
reement or agreements.
NTEGRATION. This Agreement constitutes the entire
ing between the parties and supersedes any and all
ements and negotiations between them. Both parties
ree that there are no covenants, conditions,
tions or agreements, oral or written, of any natur,
, other than those contained herein.
~REEMENT BINDING UPON HEIRS. This Agreement shall
Dn the parties hereto and their respective heirs,
administrators and assigns.
~ESS WHEREOF, the parties hereto, intending to be
lnd hereby, have hereunto set their hands and seal~
-14-
MARLIN R. McCALEB
the day a:
WI~ESSETi
year first above written.
~m~ . . /s~
-15-
MARLIN R. McCALEB
COMMONWEAl
COUNTY
On th
2003, bef,
county af,
BARBARA~
the perso:
acknowled,
therein
IN WI'
seal.
COMMONWEal
COUNTY
On tk
2003, bef,
county af~
PAUL L. C(
be the pe:
acknowled,
contained'
IN WI'
seal.
JTH OF PENNSYLVANIA )
: SS.
OF CUMBERLAND )
.s, the /~ day of __~~
)re me, a Notary Public in and for the state and
)resaid, the undersigned officer, personally appearE
~ CONREY known to me (or satisfactorily proven) to
described in the foregoinG[ instrument, and
ed that she executed the same for the purposes
ntained.
?NESS WHEREOF,
I hereunto set my hand and official
Notary Public
Uec~ Bo~'o, Cumb~and C(xJnty
MY Comrnissio~ ~ Dec. 14, 2006
JTH OF PENNSYLVANIA
OF CUMBERLAND
SS.
.s, the ~/;9[ day of ~~~-
)re me, a Notary Public in anmd~for theor the state and
)resaid, the undersigned officer, personally appearE
)NREY, JR., known to me (or satisfactorily proven)
7son described in the foregoing instrument, and
[ed that he executed the same for the purposes
?NESS WHEREOF, I
hereunto ~et my hand and official
Notary Public
Me~t~'. ~enns,,4v~nh Association Of Notaries
-16-
JOINTLY-OWNED
1. House
2. Altfi
3. SSB A
PAUL'S PROPERT
1 Chev.
2 Bosco
3 CBC R
4 SSB I
5 Trave
6 Life
BARBARA'S PROP
1. Jeep
2. Comme
3. CBC R
4. SSB I
5. Vangu
MARITAL PROPERTY
PROPERTY:
Fst Bank Accts:
:ct. ~724-03727-19
364:
Monte Carlo:
~' s Retirement:
~tirement:
~A:
Let' s IRA:
rnsurance:
ERTY:
2herokee:
rce Bank Acct.:
etirement:
ca:
~rd IRA:
Total:
SCHEDULE "A"
164,897.~4
41,646.77
1!tl,414.12
].3,855.00
].0,136.37
].6,941.00
18,052.76
66,918.08
8,074.50
~.8,795.30
7,900.00
18,040.38
1.4,761.02
4,196.40
.2,341.70
337,958.63
152,773.01
47,239.50
$ 537,971.14
MARLIN R. McCALEB
THIS
CONREY, o~
party of
PAUL L.
ADDENDUM TO PROPERTY SETTLEMENT AGREEMENT
County, P(nnsylvania, party of the second part,
referred
WITN
WHER~
respectiv~
Agreement
WHER!
provision~
Agreement
NOW,
promises
Property
the coven
fully set
be legall]
and assig]
1.
ownership
Smith Bar]
AGREEMENT, made and entered into this /~ day of
, 2003, by a~nd between BARBARA ANN
Hampden Township, Cumberland County, Pennsylvania,.
he first part, hereinafter referred to as "Wife" an~
NREY, JR., also of Hampden Township, Cumberland
hereinafter
o as "Husband".
,SSETH:
:AS, the parties hereto are the Husband and Wife,
:ly, in and under a certain Property Settlement
dated September 24, 2003, and;
:AS, the parties have agreed to additional terms and
in addition to the said Property Settlement
and desire to hereby document the same in writing.
THEREFORE, in consideration of the covenants and
~utually made to be kept as set forth in the afores~
~ettlement Agreement, and in further consideration
~nts and promises mutually made and to be kept as
forth herein below, the parties hereto, intending
bound and to legally bind their heirs, successors
s, do hereby covenant, promise and agree as follows
Husband relinquishes and disclaims any and all
right, title and interest in and to Wife's Salomor
~ey IRA account and her Vanguard IRA account, both
LAW OFFICES
MARLIN R. McCALEB
which are
hereafter
2.
Husband,
Addendum,
Settlemen
said deed
Husband sb
Recorder
forthwith
mortgage
day right
3.
deed for
Property
Husband b
in escrow
mortgage
complete
5(a) of t
shall have
deed beinc
the Recor
IN WI
hands and
retained by Wife, and Husband agrees that Wife shal
De and remain the sole and separate owner of same.
~ife covenants and agrees to execute and deliver to
~ncurrently with the execution and delivery of this
the deed described in Paragraph 5(a) of the Propert'
Agreement, so that Husband can immediately record
to meet the requirements of his mortgage lender.
all promptly record said deed in the Office of the
Deeds of Cumberland County, Pennsylvania, and sha
omplete his mortgage refinancing through his
ender, which refinancing will be subject to a three
of rescission.
The parties covenant and agree to execute another
he property described in Paragraph 5(a) of the
ettlement Agreement, transferring the property from
ck to Husband and Wife, which said deed shall be he
by Wife's attorney pending completion of Husband's
efinancing. If for any rea~on Husband fails to
he mortgage refinancing as described in Paragraph
e Property Settlement Agreement and herein, then Wi
the right, upon notice to i~usband, to record said
held in escrow by Wife's attorney in the Office of
er of Deeds of Cumberland County, Pennsylvania.
TNESS W~EREOF, the parties i~ereto have set their
seals the day and year first above written, intendi
-2-
MARLIN R. McCALEB
thereby to legally bound.
WITNESSETH: ~ --~- .....
-3-
/~arbara Ann Conrey/~
Paul L. Conrey, Jr.
(SEA]
( SEA]
LAW OFFICES
MARLIN R. McCALEB
COMMONWEAL
COUNTY
On tt
2003, befc
county afc
BARBARA /%5
the perso~
acknowledc
therein c~
IN WI
seal.
COMMONWEAl
COUNTY
On tl
2003, bef¢
county afc
PAUL L. C(
be the
acknowled(
contained'
IN Wi
seal.
~H OF PENNSYLVANIA )
OF CLrMBERLAND )
: SS.
re me, a Notary Public in and for the state and
resaid, the undersigned officer, personally appeare
N CONREY known to me (or satisfactorily proven) to
described in the foregoing instrument, and
ed that she executed the same for the purposes
ntained.
TNESS WHEREOF,
I hereunto set my hand and official
Notary Public
Mmlin R. McCaleb, No~3~y Public
My Cc~nm~ssion F_xl3ms Dec. 1 ,
Member, penns,~vania Associa~:m Of Notates
,TH OF PENNSYLVANIA )
OF CUMBERLAND )
: SS.
~re me, a Notary Public in a e state and
~resaid, the undersigned officer, personally
~REY, JR., known to me (or satisfactorily proven)
:son described in the foregoing instrument, and
[ed that he executed the same for the purposes ther
iTNESS WHEREOF,
I hereunto
-4-
set my hand and official
Notary Public
Marlin R. McCaleb. Notai'y publ, ic [
M,~-,hanicsburg Bom, Cumbedand County ~
My Commission Expires Dec. 14, 2006 ~
Member Penns~nia Association Of Notaries
BARBARA ANN C¢
PAUL L. CONREY
~NREY,
PLAINTIFF
VS.
JR.,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
:
: NO. 03-20! CIVIL TERM
:
: CIVIL ACTION - LAW
: ACTION FOR DIVORCE
WAIVER
DIVORC]
1. I consent t{
)F NOTICE OF INTENTION TO REQUEST ENTRY OF .4
DECREE UNDER SECTION 3301(C) OF DIVORCE CODE
2. I understam
fees or expenses ifI d~
3. I understa~
and that a copy of the,
prothonotary.
I verify that th{
false statements herein
unswom falsification
DATE
the entry of a final decree of divorce without notice.
that I may lose rights concerning alimony, division of property, lawyer's
not claim them before a divorce is granted.
~d that I will not be divorced until a divorce decree is entered by the Court
lecree will be sent to me immediately after it is filed with the
statements made in this affidavit are tree and correct. I understand that
are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
authorities.
BARBARA ANN CONREY ~'
BARBARA ANN C~
PAUL L. CONREY.
To the Prothonotary:
Please transmi
of a divorce decree:
)NREY,
PLAINTIFF
VS.
JR.,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
;
: NO. 03-201 CIVIL TERM
:
: CIVIL AC'HON - LAW
: ACTION FOR DIVORCE
'RAECIPE TO TRANSMIT RECORD
: the record, together with the following information, to the Court for entry
Ground fo~ divorce: Irretrievable breakdown under Section 3301(c) the Divorce
Code.
2. Date and n
Mail, Rett
Affidavi
Pmthonota
3. Date of ex
Divorce C
The PI~
Proth,
The De
Protho~
(a) Relate~
(b) Claims
(c) Claims
anner of service of Complaint: Service upon the Defendant via Certified
m Receipt Requested, Restricted Delivery, on January 23, 2003. The
)f Service Certified Mail was filed with the Cumberland County
r on January 31, 2003.
ufion of the Affidavit of Consent required by Section 3301 (c) of the
de by:
Plaintiff: October 1, 2003
intiff's Affidavit of Consent was filed with the Cumberland County
otary on October 3, 2003.
Defendant: October 1, 2003
~endant's Affidavit of Consent was filed ,adth the Cumberland County
otary on October 2, 2003.
claims pending: None
withdrawn: None
~ettled by agreement of the parties: All claims
(d) Please
simultaneousl
merged into
5. I c~rtify ~
Under Sec
executed ¢
Defendant
Prothonot~
the Cumb~
other docu
Dated: October
sec the Marital Property Settlement Agreement which is being filed
with this Praecipe to Transmit Record and is to be incorporated but not
e Divorce Decree.
at the Waiver of Notice of Intention to Request Entry of a Divorce Decree
lion 3301(c) of Divorce Code, as required by Rule 1920.42(e)(1), was
n October 1, 2003 by the Plalntiffand on October 1, 2003 by the
Plaintiff's Waiver of Notice was filed with the Cumberland County
ry on October 3, 2003 and Defendant's Waiver of Notice was filed with
rland County Prothonotary on October 2, 2003. I further certify that all
ments requked by Rule 1920.42 are enclosed herewith.
2003
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
'"--- Sum Kay Candle
Counsel for Pla~t
PA I.D. # 64998[
5021 East Trindl'e-
Suite 100
MechanicsburgPA 17050
(717) 796-1930
IN TH
BARBARA ANN C0A
¥£
PAUL £o CON/¥y.
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
SUS
DEFENDANT
DECREE IN
DIVORCE
AND NOW
DECREED THAT /~g/~/~A/?~ ANN
A N D P~22L L. C 9N/~q, ~.
PENNA.
N O. 05-201 CIVIL 7E/?M
ARE DIVORCED FF
THE cOUrt re
BEEN RAISED OF
YET BEEN ENTER
NONE
, It IS ORDERED AND
, PLAINTIFF,
!OM THE BONDS OF MATRIMONY.
, DEFENDANT,
TAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
-~D;
B Y t ~C_oil
' OTHO OtA ;