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HomeMy WebLinkAbout98-00169 I I I I , I , .., III . ., 'I", ~I ,I ~ ,i , "j ,g , iJ ;;., / ! (' \. ~ :--. ~ .':l ... '-J ~ ....., ....... ~ ()-.. ~ a_'~__*.~__~~*~~,~,,~~,~,~~,>,__~~:__;~~___:~::~ ~I'"''''''''''''V''''''' ',A."C,,,,,.,,, ""''''',' "'.:" ,. ""., . ',' "".,. """'"''''''''''''~''''''' ~ ?:I ~ ~ IN THE COURT OF COMMON PLEAS ~ ~ t:.. ~ OF CUMBERLAND COUNTY ~ STATE OF 1~~. PENNA. ,~, ~ ~ ...' ~ ... ~ ,;, " KATHY L, HIESS " i 'I No, 98 - 169 .... ...." ..",'"".. 19 ,', ~ a ',' Plaintiff . .. '" * ~ ... V('I',sUS TIMOTHY R, MIESS, w ',' . Defendant ,', ~ ~ ',' ~ ',' DECREE IN DIVORCEJ "I;s~A ""'''' ",l: 7., 1999", it is ordered and *- ',' ,', ~ ~ ':- it ... AND NOW, ' . , decreed that """. ............., ..,.... ., plaintiff, defendant, " ~ M .,' and ' . . " " , . . . . " , . . . "THIOTIIY ,R" ,MI.ESS , , , are divorced from the bonds of matrimony, """""""" , ~ .' ~ M ... ,', ~ The court retains jurisdiction of the following claims which have been raised of record in this action for which a fillal order has not yet been entered; None, ,', ~ ,'~ ~ ~ ,;, ~ It is further ORDERED,ADJUDGED and DECREED, that the terms, provisions and oondHions 'or 'a 'cer~ain 'Mal'Hal 'Settlement' Agreement' between' tht!, part ies' dated August 14, 1998, and at tached hereto, are incorporated in this Decree in Divorce Dr 'reference 'as 'ftill ras 'if' tne ' sanie 'were' set' f6rtli . hereJti 'at' lengtft: ' , Saiel Agreement shall not merge with but shall survive this Decree in Divorce, ,', ~ ,'~ ~ ~ ~ 8 ~ M v..,., ...->>:..>>:.. n y ./l ~'l " . (~t'X:, /.~.kt;1:/: ~.:;t(,..~,,-kf7 ~, I) ./ J.'...... . /J ( t;-/ " a "II?! ".c, ./)',CEL", ^1''',~ 7' .. (j Pl'olhollnll\l',Y .I, .:+;. .:..~. -:.+;. ':+:. -:+:- .:.;, <+~. -:+;. .:+:. .~~:. .:+:. .:+:. .:.:. .:.;. ~ " ,,~ * ,', " .' ~ .' ~ ~._, "!i ~ a '-' w ~.' ,', ~ ,', ~ ~ '.' "!i * *- ',' !~( a -.~ a -.~ . i$ ,', ~ w ',' ;-' ,', ~ ~ l.~ ~''i ~ ~ l.' ,'~ ~ ,', ~ .', :, ~ ',' w ... *- ... ~ ',' ;" ~ .'. ~ * ~ ',' ~ '-' ,', ~ ~ .:.:. .:+:. TABLE OF CONTENTS HEADING PMrn 1. ADVICE OF COUNSEL 2 2. DISCLOSURE OF ASSETS 3 3, PERSONAL RIGHTS 4 4, MUTUAL CONSENT DIVORCE 4 5, EQUITABLE DISTRIBUTION 5 (a) Marital Residence 5 (b) Furnishings and Personalty 5 (c) Motor Vehicles 6 (d) Life Insurance 7 (e) Pension and Retirement Benefits 7 (f) Cash Accounts, Stocks and Investments 7 (g) Miscellaneous Property 8 (h) Property to Wife 8 (i) Property to Husballd 8 (j) Assumption of Encumbrances 9 (k) Liability Not Listed 9 (I) Indemnification of Wife 9 (m) Indemnification of Husband ~ (n) Warranty as to Future Obligations 10 6, WAIVER OF ALIMONY 10 the receipt and sufficiency of which is hereby acknowledged by cach of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Cindy C, Conley, Esquire, for Husband, and Samuel L, Andes, Esquire, for Wife, Each pal1y 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 infonned as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the cireumstanccs, fair and equitable, and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that the execution of this Agreement is not the result of any duress or undue innuence, and that it is not the result of any improper or illegal agreement or agreements, In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to detemline all marital rights of the parties including divorce, alimony, alimony pelldellte lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the tenns and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any detennination or order affecting the respective parties' rights to alimony, alimony pent/ellle lite, support and maintenance, equitable distribution, counsel fees and costs of litigation, 2 2, I)ISCLOSURE 01>' ASSETS. Each ofthc partics hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, wrillen interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permilled under thc Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure, Each of the pal1ies further acknowledges that he 01' she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction, The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone, Each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agrecment is hereby specifically waived, and the parties do not wish to make or append hcreto any further enumeration or statement. The parties hereby acknowledge and agrce that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them, Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart, Each shall be frec from all control, restraint, intcrference and authority, direct or indirect, by the other, Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carryon or engage in any business, occupation, profession or employment which to him or her may seem advisable, Husband and Wife shall not molest, harass, disturb or malign each other or the respcctive families of each other, nor compel 01' attempt to compel the other to cohahit 01' dwell by any means 01' in any manner whatsoever with him or her, Neither party will interfcre with thc use, ownership, enjoyment or disposition of any property now owned by or hereatler acquired by the other. 4. MUTUAL CONSENT DIVORCK The parties acknowledge that on or about January 13, 1998, Wife initiated a divorce action under the no. fault provisions of the Divorce Code in the Cumberland County Court of Common Pleas docketed at No, 98.169, It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issucs related to their divorce and thus this or any other divorce action with respect to these parties shall be limited to a claim for divorce only, The parties acknowlegdge that the ninety (90) day waiting period provided for under *3301(c) of the Divorce Code, has expired and thus, simultaneously with the execution of this agreement, each will sign an Affidavit of Consent to divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counscl for Wife, who shall promptly submit said affidavits and waivers to the court along with a Praecipe to Transmit Record, Vital Statistics Fonn and any and all other documents necessary to precipitate the prompt entry of a divorce decree, 4 S. EOUl'fABLE D1S'{RlBUTION. (a) Marital Residence, The parties acknowledge that they are the ownero of that certain house and lot and all improvements thereupon situated at 3 Argali Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055 (hcreinafter refcrred to as the "Marital Residence") and thatthc Marital Rcsidcnce is currently subject to a contract for sale with settlement scheduled to occur on or bcfore August 14, 1998, Thc parties agree that the net proceeds, of such sale, after deduction for all expenses of sale and after satisfaction of the lien of the existing first mortgage, shall be divided betwecn thc parties with Wife receiving $37,000,00 and Husband recciving $25,000,00 of the cxpected net procecds of$62,OOO,00, However, in the event that said sales proceeds are more or less than $62,000,00 then said proceeds shall be divided in the same proportion as the above figures reprcsent. Furthermore, the parties acknowledge and agree that any reimbursements at settlement due to pre.payment by Husband of real estatc taxes, home owners insurance, and other like expenses, shall be Husband's sole and separate property and shall be paid solely to Husband, Prior to settlement, both parties shall direct the settlement agent to issue two separate checks to the parties each in the amount of the entitlement to the parties of the net proceeds and/or reimbursements pursuant to this Agreement. In addition, hoth parties shall instruct the settlement agent to issue two fornl 1099's, one to each party with Wife's evidencing ,5965 of the gross sale price and Husband's evidencing the remainder of the gross sale price, (b) Furnlshln!!s aDd Personafu. The pal1ies agree that they have divided by agreement between themselves all furnishings IInd personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Except as provided below, any personalty or furnishings remaining in 5 the Marital Residence as of the execution date of this Agreement shall be and remain Husband's sole and separate property, free of any and all right, title, claim or interest of Wife, Any personalty 01' fumishings now located in Wife's current rcsidence as of the execution date of this Agreement shall be and temain Wife's sole and separate property, free of any and all right, title, claim or interest of Husband, Notwithstanding the ubove, the items of personul property currently located in the Marital Residence, and listed on Exhibit "A" uttuched to this agreement, shall be transferred to Wife and shall become her sole and separate property, Husband shall provide Wife with reasonable access to the Marital Residcnce to remove said items, However, Wife shall have the uffimlative duty to remove said items from the Marital Residence prior to closing on the sale of the Murital Residence, (c) Motor Vchicln. (I) Husband agrees that Wife shall retain possession of and receive as her sole and separate property any vehicles currently titled in her name, along with all rights under any insurance policies thereon and with ull responsibility for puymcnt of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim 01' interest of Husband, Simultaneously with the execution of this agreement, Husband shall deliver to Wife the title of the Honda automobile, (2) Wife agrees that Husbund shall retain possession of and receive as his sole and separate property any vehicles currently titled in his name, along with all rights under any insurance policies thereon and with responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife, 6 (d) !JftJn~urance, Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all policies of insurance owned by the other including cash surrender value, if any, and also specifically to include a waiver of any beneficiary designationlhercunder, (e) fenslon and.fu.tlrement 8enel1ts, Except as provided below, Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401 (k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder, The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph, Notwithstanding the above, Husband, pursuant to a Qualified Domestic Relations Order, shall roll.over $28,000,00 plus all earnings on said sum from June 3D, 1998 to the date the roll. over occurs, from his post 1986 Teamsters pension account into an account in Wife's name, Husband shall be responsible for the cost of preparing the Qualified Domestic Relations Order, (I) Cash Accounts, Stocks.!ll!! Investlllmfj, (1) Wife agrees that Husband shall retain as his sole and separate property, free from any and all right, title, claim or interest of Wife, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature which now are titled in Husband's name alone, 7 (2) Husband agrees that Wife shall retain as her sole and separate property, free from any and all right, title, claim or interest of Husband, any and all stocks, bond~, investments, sums of cash in savings or checking lIccounts, mutual funds, stock lIceounts, or any other assets of a similllr nllture which now are titled in Wife's name alone, (g) Miscellaneous PrQJ!ll.lX. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession, This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other, (II) Pro~,rtv to Wife, The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property, This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife, (I) Property to Husband, The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the tenns of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property, This Agreement shall cons!itu\e a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband,n 8 action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection thcrewith, (0) Wmanty as to I/utura Oblll!atlolt!!, Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which thc other, the other's legal representatives, property or estate may be responsible, From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individuaily liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability, Each party hereby agrces to indemnify, save and hold the other and his or her property hamlless from any liability, loss, cost or expense whatsoever, including uttomeys fees, inculTed in the event of breach hereof, 6. WAIVER OF ALIMONY, Husband und Wife hereby expressly waive, discharge and release any and all rights alld claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pelldellte lite, support and/or maintenance or other like benefits resulting from the parties' status as husband and wife, The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support alld maintenance of the other, 7, COUNSEL FEES. COSTS AND EXPENS~. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement, 10 8, W AIVER OF INHERIT ANCI~ RIGHTS, Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may havc by reason of their marriage, except the rights saved or created by the lerms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a wlliver of all rights provided under the 11Iws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 9, ~AIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and 1I11 beneficiary rights and any and all rights aB a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation whieh belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post.death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which arc in effect as of the date of execution of this Agreement. If and in the event the other party continucs to be named as beneficiary and no altemate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party, 10, RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein c:onstitute an equitable distribution of their assets and liabilities pursuant to ~3502 of the Divorce Code, and Wife and Husband hereby waive any right to 11 funy and effectivcly for an purposes, (b) ",," ,.rt, """" ",,,,""" "" ,,,,,n'''''''''' to'''''' "'" f'''''' """,,,.. ,'" ,th" ,mI ,'" """ ,ft", ,th" f.. ." "'~""" f""'" "'" ," .",,, "'" 01>""'''''' w""" ,,,",, ,." "" "'" .. " ,,' ,',,' ",,,,," "w f.. ,,,. ,,_I .. fot'" ,"""rt .. ,,"n""'''' ,,,,,,,., r"'''''' "". ."",,,,. """b" "..b,'i,,' "''''''' f..', ..... ""n"'. "'" on, """ """ .. ,b" "",,,, """,," .. """"',,. w".'" ",.'n, ,ot ,ft'" ",,',,' "I.'i"""'" .. 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" ..,ort ..., ",'m " .." ''"'ort, '" ,.,,,mI' in ,", f..,,'" H'."'" ",iI"" ,,,,, I, ~ I''''' '" ",,""',' f"''' "" .bI ".,,'" ,mI" ,hi' A~-"'" '" i"''''''''' '" ,''''''''''' '" ",'" """,,' to ,hi' A""""t. ",,00" ", 'II if' .",,, ",," {t" ".' "" "i'" ,,",,,on""'" "r "" """ '" ",hi' "ho "ho'. ,II ,,,,,, "r 1""",,1 ,,,,,,rt,. ".,'hI' '" i.,,",ib'" "",,"" b, hi'" '" "" f",m ,", "",Ii"" ,.to "fthi' ,,"'''',''' .iI" [nil l"." '" hi'" ","",,, di"~" "r"" ,- 12 , " \ ' ., obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereaf\er arising, The above release shall be effective regardless of whether such claims arise out of any fonner or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widowcr's rights, family exemption or similar allowance, or undo I' the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all othcr rights of a surviving spousc to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, (d) Except for the obligations of the parties contained in (his Agreement and such rights as are expressly reserve(; hcrein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other, 11. PRESERV ATlON OF RECORDS, Each party will keep anJ preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits, 12. M.QJllJi:ICATlON. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto, 13. SEVERABILITY. (fany provision oflhis Agreement is held by a court of competent jurisdietion 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, 13 t 8. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or ifnot on thc same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 19. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date, 20. EF'FECT OF RECONCILIATION. COHABITATION OR DIVORCE, This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation, This Agreement also shall continue in full force and effect in the event of the parties'divorce, There shall be no modification or waiver of any of the terms horeofunless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void, 21. HEADINGS NOT PART OF AGRE_EMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof arc inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning. construction or effect. 22. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs. executors, administrators, legal representatives, assigns, and successors in any interest of the parties, 23. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including any and all exhibits, or other documents to which it refers, such other documents being incorporated herein by reference; that he or she has discussed its provisions with an attorney of his or her own choice. and has executed it voluntarily lInd in 15 ~ KATHY L. MIESS, ) IN THE COURT OF COMMON Plaintiff . ) PLEAS OF CUMBERLAND COUNTY, ) PENNSYL VANIA ) VB. ) CIVIL ACTION. LAW ) ) NO, 9 j' ,;, 'i CIVIL TERM TIMOTHY R, MIESS, ) Defendant ) IN DIVORCE rfQTICE...QE A V AILABILITY OF COUNSELING TO THE WITHIN.NAMED DEPENDANT: You have been named a~ the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302( d) of the Divorce Code, you may request that the court require you and you I spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street. Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list, All necessary arrangements and the cost of' counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling, KATHY L. MIESS, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, ) PENNSYLVANIA ) vs. ) CIVIL ACTION - LAW ) ) NO. 'I J. /, '( CIVIL TERM TIMOTHY R. MIESS, ) Defendant ) IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintitl: Kathy L. Miess, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: I. The Plaintiff'is Kathy L. Miess, an adult individual who currently resides at 2003 Market Street, Apartment C, Camp Hill, Cumberland County, Pennsylvania. 2, The Deltmdant is Timothy R. Miess, an adult individual who currently resides at 3 Argali Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 28 August 1971 in Camp Hill, Pennsylvania, 5, There have been no prior actions of divorce or annulment between the parties. 6. This marriage is irretrievably broken. 7, Plaintiff has been advised of the availability of marriage eounseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling, COUNT I . IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree ofDivoree. WHERICFORE, Plaintiff requests this Court to enter a decree ill divorce pursuant to the Divorce Code of Pennsylvania. ~OUNT II - EOVITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III - ALIMONY 10. Plaintifflacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 11. Plaintiff is unable to support herself in accordance with the standard ofliving of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenanee of Plaintiff and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintitl' prays this Honorable Court to enter an Order awarding Plaintilffrom Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accllstomed during the marriage. COUNT IV - ALIMONY PENDENTE LITE 15. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. ,....... C,} ?= fr. 1r, ",f; :;~ . -t,' ,f_ ld~-"; 1_) '-) () \ t ~,... ..i-.t: (i.; ci: '. -:~j 1,1. I . C) , (fl ij, , C.'l} ] .-, 7.~" u: i-I,: 2~ I uJ t.L.. ::"') '--, (). ( c::.L .;:H " ec -:.~ () 0', D , , '- Cl , er, G; ~ c" t.r;- r-.-';: . . '''"j ;1J~ 1-", ~::! ~.. (j~) (.) .' J <. i:i.'.. ~~,- . ','( '.L. n,; -.) ',:.i -"')/.' , 11. f.- O~i ,'n fjjr_' ..;. i , r'J1i ~::: U .~... .J,'_I U in ;:-~ :,.'j 'J. I '" <. (.~ E;-~ C Ll' (j KATHY L, MIESS, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, ) PENNSYLVANIA ) vs, ) CIVIL ACTION - LAW ) NoQ'8-ll.lrcIvIL TERM ) TIMOTHY R. MIESS, ) Defendant ) IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit. YOll must file a Counter Affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted, PLAINTIFI"'S AFFIl>A VIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on November 7, 1995 and have continued to live separately and apart for a period of at least two years. 2, The marriage is irretrievably broken. 3, 1 understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or \ r expenses il'l do not claim them before a divorce is granted. I verifY that the statements made in this Affidavit are true and correct, I understand that false tatements herein are made subject to the penalties 01'18 PA. C,S. 4904 relating to unsworn falsification to uthorities. ate:jof' }6;4-7 , rar2dv.C?~/~)~d~) . athy L. Mless KATHY L. MIESS, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA ) vs. ) CIVIL ACTION - LAW ) TIMOTHY R. MIESS, ) NO. 98-169 CIVIL TERM Defendant ) ) IN DIVORCE ACCEPTANCE 01<' SERVICE Please enter my appearance on behalf of the Defendant, Timothy R. Miess, I acknowledge receipt ofa certified copy of the Complaint in divorce and the Plaintil'rs Affidavit under Section 3301 (d) of the Divorce Code and acknowledge receipt of a copy of those documents. DATE: /9 .J~, 99' c;,fi c~ 'Y. t,~{~ r11.[f:rOrFICE or. n; ,'" '(~\ :0TARY 1/1 I':"~ ?ll Pli 1:: llf CU',,;', 1_ :};;',nY 1,1 ..: ___iLt.'!I~ """