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~ IN THE COURT OF COMMON PLEAS :
8 OF CUMBERLAND COUNTY ~
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M D E C R EEl N .:
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e DIVORCE ~
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.; AND NOW, . .. .J iA11.c... ,~.. .. .. .. . .. ...., 19,10... it is ordered and 8
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~ decreed that........... ,~~~ ,":'~ .'!l:'~... ..... .....,..,......, plaintiff, ~
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~ and....,.... ..I,<~I):~~. fl.... ~f9:rH'.. .. ,..'...... ...... .....,... defendant, ~
~ are divorced from the bonds of matrimony. ~
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~ The court retains jurisdiction of the following claims which have ~
$ been raised of record in this action for which a final order has not yet ;,;
~ been entered; None. ~
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~ The Separation iIDd Property Settlerrent AgreeIrent, dated February 16, 1998, ~;
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GREGORY A. VLI',
Plaintiff
: IN TilE COURT OF COMMON I'J.EAS OF
: CUMHERLAND COUNTY, I'ENNSYLV ANI A
: NO, 98-977 CIVIL TERM
"5,
KIMBERLY A, CASTLE,
Defendant
: IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Kindly docket the attachcd Scparation and Propcrty Scttlement Agreement, dated February 16,
1998, to the within casc.
Dated:
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I. S~;I'AnATION: It shall bc lawful 1(lr caeh party at alltimcs hcrcllficr to Iivc
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scparatc and apart from cach othcr at such placc or placcs liS hc or shc may from limc to timc
choose or dccm fit.
2. INTEnFEnENCE: Elich party shllll bc frcc from intcrfcrencc, authority and
contact by thc othcr, as fully as if hc or shc wcrc singlc and unmarricd, cxccpt as may bc
ncccssary to carry outthc provisions of this Agrccmcnt. Ncithcr party shllll molcst the othcr nor
attempt to endcavor to molest the othcr, nor eompc1 the other to cohabit with the othcr, nor in
any way harass or malign thc othcr, nor in any way intcrfcrc with the pCllccable existencc,
separate and apart from the othcr in all rcspects as ifhe or shc wcre single and unmllrricd.
3. WIFE'S DEBTS: Wifc rcprcscnts and warrants to Husband that sincc their
separation on Octobcr 15,1997, shc has not, and in thc futurc shc shall not, contrllct or incur any
debt or lillbility for which Husband or his Estate might be responsible and shall indemnify and
save Husband harmless from lIny and all claims and demands made against him by reason of
debts or obligations incurred by her.
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4. HUSBAND'S DEBTS: Husband rcpresents and warrllnts to Wife that since
their separation on Octobcr IS, 1997, he has not, and in the future he will not, contract or incur
any debt or lillbility for which Wifc or her Estate might be responsible and shall indemnify and
save Wife harmless from any and lIll claims and demllnds made against hcr by reason of debts or
obligations incurred by him,
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5, OUTSTANJ>JNG .JOINT J>EIlTS: Husband and Wife lleknowlcdgc and agree
tllllt they have no outstanding debls and obliglllions of the Husband and Wife including prior to
the signing of this Agrcemcnt. cxccpt as follows:
Item
Pcrson Assuming
Rcsnonsibilitv
AT & T credit Card Account No. 539641002234
Ill/sbam/
Mellon Credit Linc Account No, 0275,040701-179
HI/sblllu/
Mellon Installmcnt Loan No. 0275,125-4006739
HI/sballd
GMAC Car Loan No. 034060975505
Hl/sballd
Balance of lcase of 817 Briarwood Lanc, Camp Hill
Wife
Hilton & Diminick (Orthodontic work for Jessica)
Wife
Each party agrees to pay the outstanding joint debts set forth hcrein and further agrecs to
indemnify, defend, and save hannless the other from any and all claims and demands made
against either of them by rcason of such debts or obligations,
6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party
waives his or her rights to alimony and any further distribution of property inasmuch as the
parties hereto agree that this Agreement provi,des for an equitable distribution of their marital
property in accordance with the Pennsylvania Divorce Code of 1980, as amended. Subject to the
provisions of this Agreement, cach party has releascd and discharged, and by this Agreement
does for himself or hcrse1f, and his or her heirs, legal representatives, executors, administrators,
and assigns, release and discharge the other of and from all causes of action, claims, rights or
demands whatsoever in law or equity which either of the parties ever had or now have against
the other, exccpt any or all causc or causcs of action for divorce and except in any or all causes
of action for divorcc and exccpt in any or all causes of action for brcach of any provision of this
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Agrecmcnt, Ench party nlso wnivcs his or hcr right to rcqucstmarilnl counseling pursoant to 23
7.
ROtJITAnu: mSTIUnUTION OF MARITAL I'IWI'RRTY: Thc parties
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Pa, C.S.A. Section 3302.
have allcmptcd to distributc their marital property in a manner which conforms to thc critcria set
forth in 23 Pa. C,S,A, Section 3501, cl, scq., and taking into nccount thc following
considerations: the length of marringe; the fact that it is the second mnrriage for Wifc and first
marriage for Husband; the age, hcnlth, station, amount and sources of income, vocational skills,
employability, estate, liabilities and needs of each of the parties; the contribution of cach party to
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the education, training for increnscd earnings power of the othcr party; the opportunity of each
party for future acquisitions of capital assets and income; the sources of income or of both
parties, including but not limited to mcdieal, retirement, insurance or other benefits; thc
contribution or dissipntion of each party in thc acquisition, preservation, depreciation or
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appreciation of the marital property, including thc contribution of each spouse as a homemaker;
the value of the property set apart to each party; the standard of living that the parties established
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in the marriagc; and the economic circumstances of each party at the time the division of
property is to become effective.
The division of existing marital propcrty is not intended by the parties to
constitute in any way sale or exchange of assets, and the division is being effected without the
introduction of outside funds or other property not constituting marital property. The division of
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property under this Agreement shall be in full satisfaction of all marital rights of the parties.
A. DISTRIBUTION OF PERSONAL PROPERTY: The parties hereto mutually
agrce that thcy have affcctcd a satisfactory division of the furniture, household furnishings,
appliances and othcr household pcrsonal property between them and they mutually
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agrcc that cuch purt)' shull fromund uftcr thc dalc hcrcof bc Ihc solc and scparnlc owncr of all
such tangihlc personul propert)' as listcd on Exhibit "A" allachcd hcrcto. Further, this
Agrccmcnt shall havc cffect of an assignmcnt or bill of salc from cach party 10 thc othcr for such
properly as may bc in thc individual posscssion of cach of Ihc partics hcrclo.
111C partics hereto have divided bctwecn thcmsclvcs to thcir mutual satisfaction,
all itcms of tangiblc and intangiblc marital property, Ncithcr party shall makc any claims to any
such itcms of marital property, or of thc separatc personal property of each othcr, which is now
in thc possession and/or under the control ofthc othcr cxccpt as identified in Exhibit "A" to this
Agrcement. Should it bccomc ncccssary, the parties each agrce to sign, upon request, any titlcs
or documents necessary to give effcct to this paragraph. Property shall be dcemcd in the
possession or undcr the control of eithcr party if, in the casc of tangible personal property, thc
item is physically in thc possession or control of thc party at the timc of the signing of this
Agrecment and, in the case ofintangiblc personal propcrty, ifany physical or written cvidence of
ownership, such as passbook, chcckbook, policy or certificatc of insurancc or other similar
writing is in the possession or control of the party. Husband and Wifc shall cach be deemed to
be in thc possession and control of his or hcr own individual pension or other cmployce bencfits,
plans or retirement bcnefits in any naturc with ihc cxception of Social Security Benefits to which
cither party may have a vested or contingcnt right or interest at the time of the signing of'this
Agreement, and ncithcr will make any claim againstthc othcr for any intcrest in such benefits.
From and after the datc of thc signing of this Agreemcnt, both parties shall have
the complete freedom of disposition as to hislher separate propcrty and any propcrty which is in
their possession or control pursuant to this Agrccment and may mortgagc, scll, grant, convey, or
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otherwise encumber or disposc of such propcrly, Whclhcr rcnlor pcrsonal, whclhcr such property
wns nequircd beforc, during or nncr mnrringc nnd ncithcr IIusbnnd nor Wife necd join in,
eonscnt to, or ncknowlcdge nny dced, morlgagc or olhcr instnllllcnl of thc olher pcrtaining 10
such disposition fproperly.
B. nrSTIUIlUTION OF REAL ESTATE: 1l1crc is no rcal cstntc
acquired by the parlies prior 10 dalc of scparation,
C. TAX UAIlILITY: Thc partics belicvc and agrcc that thc division of
propcrty hcretoforc made by this Agreement is a non-taxable division of property betwccn co-
owncrs rather than a taxablc salc or cxchangc of such property, Each party promiscs not to takc
any position with respect to thc adjusted basis of thc propcrty assigncd to him or her or with
respect to any other issues whieh is inconsistent with thc positions set forth in the preceding
sentences on his or Federal or Stalc Incomc Tax Return.
8. MOTOR VEHICLES: With rcspcct to thc motor vehicles owned by the
parties, they agrce that Husband shall rctain the 1997 Pontiac Grand Am titled in the Husband's
name which shall be the exclusivc property of the Husband. Wife shall receive the 1990 Pontiac
10. SUPPORT, ALIMONY PENDENTE LITE, ALIMONY: Both parties
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Grand Prix which is presently titled in Husband's namc. Husband agrees to transfer the title to
thc 1990 Pontiac Grand Prix upon the execution of this agreemcnt. Once titled in Wife's name,
the said Grand Prix shall be the exclusive propcrty of the Wife.
'9, HEALTH INSURANCE: Aftcr the date ofenlry ofthc Decrce In Divorec, the
parties shall be responsible for oblaining thcir own individual health insurancc coveragc,
acknowlcdgc and agrec thai the provisions of this Agrecmcnt providing for equilable distribution
of marital property are fair, adcquatc and satisfactory to thcm and arc acccpted by them in Iicu of
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a full und finul sclllcmcnt and sutisfaction of uny claims or dcmands that cithcr may now or
hcreinaftcr havc againsl thc othcr for sUJlPort, maintcnancc, or alimony. Husband and Wife
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furthcr, voluntarily and intclligcntly, waivc and rclinquish any right to scck from thc othcr any
paymcnt for support, alimony Jlcndcntc Iitc, or alimony,
11. COUNSEL FEES, ANI> EXPENSES: Husband and Wifc acknowlcdge and
agrce that thc provisions of this Agrccmcnt providing for thc equitablc distribution of marital
property of the partics arc fair, adcquatc and satisfactory to thcm, Both partics agrcc to acecpt
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the provisions sct forth in this Agrccmcnt in lieu of and in full and final scttlcmcnt and
satisfaction of all claims and demands that cithcr may now or hcrcaftcr have against thc othcr for
counsel fees or expcnscs or any other provision for their support and maintenance bcfore, during,
and after the eommenccment ofthcse procccdings for divorcc between the parties.
12, INCOME TAX PRIOR RETURNS: The parties have hcreunto filed certain
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joint Income Tax Returns through and including Tax Year 1996. Thc parties represent and
warrant to each other that thcy have heretofore duly paid all Income Taxes due on such rcturns;
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and he or she does not owe any intercst or penalties with respect thereto; and that no tax
deficiency is pending or threatened against him or her; and that no audit is pending with respect
to any such return. If therc is any deficiency assessment on any of the aforesaid returns, the
noticed party shall give the other immcdiatc noticc thereof, in writing. The parties further
the amount ultimately dctennined to be duc, togcther with interest and pcnalties, if any, as well
warrant that the party who has caused thc pcnalty, deficiency assessment, or interest, shall pay
as all cxpenses that may bc incurrcd if he or shc dccidcs to eontcst thc asscssment, Further, the
defieicnt party shall indcmnify, defend, and hold hann1ess that party who has not caused the said
defieicncy,
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13, WAIVF.RS OF CLAIMS AGAINST ESTATES: Exccptlls hcrcin othcrwisc
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providcd, cach pllrty may dcposc of his or hcr propcrty in IIny WilY, IInd cllch propcrty hcrcby
waivcs and rclinquishcs any and 1111 rights hc or shc may now havc or thcrcaftcr acquirc, undcr
thc prcscnt or futurc IlIws of any jurisdiction, to shllrc in thc propcrty of thc cstatc of the othcr liS
a rcsult of thc marital rclationship, including without limitation, dower, curtscy, stlltutOry
allowancc, widow's allowancc, right to takc intcstacy, right to takc against thc will of thc othcr,
and right to act as Administrator ur Exccutor of the othcr's cstatc. Each will, at thc rcqucst ofthc
other, execute, aeknow1cdgc, and dclivcr any and all instrumcnts which may bc nccessary or
advisable to carry into effect this mutual waiver and rclinquishmcnt of all such intcrcst, rights,
and claims.
14, MUTUAL CONSENT DIVORCE: The parties agree and acknowlcdgc that
their marriagc is irretricvab1y brokcn, that thcy do not desire marital counscling, and that they
both eonscnt to the cntry of a Dccree in Divorce pursuant to 23 Pa. C.S.A. Scction 3301(c),
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Accordingly, both partics agrcc to forthwith execute such conscnts, affidavits, or othcr
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documents and to dircctthcir respcctive attorneys to forthwith filc conscnts, affidavits, or other
documents as may be neccssary to promptly procced to obtain a divorce pursuant to said Section
23 Pa. C.S.A. Scction 3301(c). Upon request and to the extent permitted by law, and thc
applicable Rulcs of Civil Procedurc, the namcd Defendant in such divorce action shall execute
any waivers ofnoticc or othcr waivcrs nccessary to expeditc such divorcc.
It is thc intcntion of the partics that the Agreement shall survivc any action for
divorce which may bc institutcd or prosecuted by eithcr party and no Ordcr, Judgment or Decree
In Divorec, tcmporary, final or permancnt shall affcct or modify the financial terms of this
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Agrcemcnt. This Agrccmcnt shall bc incorporutcd but shnll not bc mcrgcd with said Judgmcnl
or Dccrcc of Finnl Divorcc, but slmll bc incorporutcd for thc purposc of cnforccmcnt only,
15, BREACH ANI) ENFORCEMENT: If eithcr party brcachcs any provision of
this Agrccmcnt, thc othcr party shall havc thc right, at his or hcr elcction, to suc for damagcs for
such breach, or scck such othcr rcmcdics or rclief as may bc availablc to him or hcr, and thc
party brcaching this Agrccmcnt shall bc rcsponsible for paymcnt of attorncy fccs, Icga1 fccs and
costs ineurrcd by thc othcr in cnforcing his or hcr rights undcr this Agrccmcnt.
16. ADDITIONAL INSTRUMENTS: Each of thc partics shall from timc to timc,
at the request of the other, exccutc, acknowlcdge and dclivcr to thc othcr party any and all furthcr
instruments that may bc rcasonably required to givc full force and cffcct to the provisions ofthis
Agreemcnt.
17, TAX ADVICE: Both partics hercto hereby acknowledge and agrcc that they
have had the opportunity to retain thcir own accountants, ecrtified public accountants, tax
advisor, or tax attorncy with refcrcncc to tax implications of this Agrcemcnt. Furthcr ncither
party has been given any tax advicc whatsoever by their respectivc attorneys. Further, both
parties hereby acknowledge that they have been advised, by their rcspcctivc attorneys, if any, to
seek thcir own indcpcndent tax advice by retaining an accountant, ccrtified public accountant,
tax attorney, or tax advisor with refcrence to the tax implications invo1vcd in this Agreement.
Furthcr, thc parties acknow1cdgc and agrec that thcir signatures to this Agrccmcnt scrvc as thcir
acknowledgmcnt that thcy have rcad this particular paragraph and havc had thc opportunity to
scck indcpcndcnt tax advice.
18. VOLUNTARY EXECUTION: Thc provisions of this Agrccment and thcir
Icgal cffcet havc bccn fully cxplaincd to thc partics by their rcspcctive counscl, and cach party
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ncknowlcdgcs tllllt thc Agrccmcnt is fair and cquilnhlc, tlmt it is bcing cntcrcd into volunlnrily,
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with the full knowlcdgc of thc usscts of hoth pnrtics, und t1ull il is not thc rcsult of uny durcss or
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unduc innucncc, 'Illc partics acknowlcdgc Ihut thcy havc bccn furnishcd with all infonnation
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relatcd to thc finnncialuffnirs of thc other which has bccn rcqucstcd by cach of thcm or by thcir
rcspcctivc counscl.
19. ENTIRE AGREEMENT: This Agrccmcnt contains thc cntirc undcrstanding of
thc parties. Thcrc are no representations, warrantics, covenants, or undcrtakings other than those
expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this
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Agreement with respect to the distribution and division of marital and separate property are fair,
equitable and satisfactory to them based on the length of their marriage and other relevant factors
which have been taken into consideration by the parties, Both parties hereby accept the
provisions of this Agreement with respect to the division of property in lieu of and in full and
final settlement and satisfaction of all claims and demands that they may now have or hereafter
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have against the other for equitable distribution of their property by any Court of competent
jurisdiction pursuant to 23 Pa. C.S.A. Section 3501, et. seq., or any other laws. Husband and
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Wife each voluntarily and intelligently waiver or relinquish any right to seek a court ordered
tcrmination and distribution of marital propertY but nothing herein contained shall constitute a
waiver of either party of any rights to seek the relief of any Court for the purpose of enforcing
thc provisions of this Agreement.
20. DISCLOSURE: Husband and Wife each represent and warrant to the other that
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he or shc has made full and complete disclosure to the othcr of all assets of any nature
whatsoever in which such party has an intcrest, the sources and amount of income of such party
or cvcry type whatsoever and of all other facts relating to the subjcct matter of this Agreemcnt.
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21. MOIHFICATION ANn WAIVlm: Modificnlion IInd wniver of any othcr
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provisions of this Agrccmcnt shnll bc cffeelivc only if madc in writing and cxccutcd with thc
snmc formnlity of this Agrccmcnt. Thc failurc of cithcr pnrty to insist upon strict pcrformancc of
any of thc provisions of this Agrccmcnt shall not bc construcd as a waivcr of any subsequcnt
dcfault ofthc samc or similar naturc,
22, PRIOR AGREEMENT: It is undcrstood and agrccd that any IInd all propcrty
settlcmcnt agrccmcnts which may havc bcen cxccutcd prior to thc datc and timc of this
Agrccmcnt arc null and void and of no cffcct.
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23. DESCRIPTIVE HEADINGS: The deseriptivc headings uscd hcrein are for
eonvcnienee only. They shall have no cffcct whatsoevcr in detennining thc rights or obligations
24. INDEPENDENT AND SEPARATE COVENANTS: It is specifically
of the parties.
understood and agreed by and bctwecn the partics hcrcto that cach paragraph hereof shall be
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dcemed to be separate and independcnt covenant and agrecment.
25, APPLICABLE LAW: This Agrccmcnt shall be construed undcr the laws of the
Commonwealth of Pennsylvania.
26, VOID CLAUSES: If any' tenn, condition, clause, or provision of this
Agreement shall be dctennined or declared to be void or invalid in law or otherwise, then only
that tenn, condition, clause, or provision shall be stricken from this Agreement and in all other
respects this Agreement shall be valid and continue in full forcc, effect and operation.
27, AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and
shall inure to thc bencfit of the parties hercto and thcir rcspective heirs, executors,
administrators, succcssors, and assigns.
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GREGORY A, ULP,
1'lalntlIT
: IN TilE COURT OF COMMON nEAS
: ClJl\lIJERLANO COlJNTY,I'A
V5.
: NO, 98-977 CIVIL TERM
KIMBERLY A. CASTLE,
Dcfcndant
: IN DIVORCE
I'RAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Kindly t.ransmit the rccord, togcthcr with thc following information, to thc Court for
cntry of a divorec dccrce:
1. Ground for divorcc: irrctrievablc brcakdown undcr Scctlon 3301(c) of thc
Divorce Code.
2, Date and manner of service of thc complaint: Fcbruarv 25, 1998 bv Ccrtlficd
Mall. Rcstrlctcd Dcllvcrv, U.S. Postal Scrvlcc.
3. (Complcte eithcr paragraph (a) or (b),).
a, Date of cxccution of the affidavit of consent requircd by Scction 3301(c) of
the Divorce Code: by plaintiff on Mav 31.1998; by defendant on ,Junc " 1998.
b. (I) Date of exccution of the affidavit requircd by Scction 3301(d) of the
Divorce Codc:
(2) Datc of filing and servicc of the plaintiffs affidavit upon the defcndant:
4. Rclated claims pending: NONE
5. (Complcte cithcr (a) or (b),)
(a) Date and manncr of scrviec of the noticc of intention to file praccipe to
transmit record, a copy of which is attached:
(b) Date plaintiffs Waivcr ofNoticc in Scction 3301(c) Divorce was filed with
the Prothonotary: Mav 31,1998.
Datc defcndant's Waivcr ofNoticc in Scction 3301(c) Divorce was filed with the
Prothonotary: Junc 1. 1998.
Datc: (/J 1. JVN "I ~
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L A MARIE COYNE, E
/tomey for Plai/l/iff
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GREGORY A, ULP,
Plaintiff,
vs.
: IN TilE COURT OF COMMON PLEAS OF
: CUMIlERLANI> COUNTY, PENNSYLVANIA
: NO.qJ ~ (/ 77 CIVIL TERM
,
KIMIlERL Y A. CASTLE,
I>crcndant.
: IN mVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have becn sucd in court. If you wish to defcnd againstthc claims sct forth in the following
pagcs, you must takc prompt action. You are wamcd that if you fail to do so, thc case may procecd
without you and a dccrcc of divorce or annulmcnt may bc cntercd against you by the court, A judgmcnt
may also bc cntercd against you for any othcr claim or relief rcqucstcd in thcse papcrs by thc plaintiff,
You may lose money or propcrty or other rights important to you, including custody or visitation of your
children,
When thc ground for the divorce is indignities or irretricvablc breakdown of the marriage, you
may rcquest marriage counseling, A list of marriagc counsclors is availablc in the Office of thc
Prothonotary, Cumberland County Courthouse, I Courthousc Squarc, Carlislc, P A 17013
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IF YOU DO NOT FILE A CLAIM FOR ALIMONY, mVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES IlEFORE A mVORCE 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, TO GET LEGAL HELP YOU SHOULD
CONTACT:
Cllmberlalld COllllty Lawyer Referral Service
2 I.iberty Ave/l/le, Carlisle, Pellllsylvallia
1-(800)-990-9108
sa a Ie Coync, . squirc
390 I Markct Str t
Camp Hill, PA 17011-4227
(717) 737-0464
Pa.. Suprcmc Ct, No, 53788
AI/omey fot' Plaill/iff
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VERIFICATION
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The facts set forth in the foregoing are true and correct to the best of the undemigned's
knowledge, information and belief and are verified subject to the penalties for unsworn
falsification to authorities under 18 Pa. C,S.A. 64904.
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Dated: tf ~I; g
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