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Home My WebLink About98-01385 I J \ ~ ~ \) ~ ~ ~ . \. \J \. :::l tl ~ t=:- i '- ~ - . ~ .:\ ... \:J \r). 00 ~ - ~ ~ . ~ . . . .:+:.' .:.:.' .:.:. .:.:.' .:.:. .:.:. .:+:. .:+:. .:+:. .:.:. .:+:. .:.:. .:.:. .:.:. .:.:. .:.:. -:.:. .:.:. .:.:. .:.:..:.-.:.:....:.:.;:.:.:.,..:.:....:.:. .:+:. .:.:. ':+:O:":+:"'..~ '. - ~~ --_._-- .' r.: .. ~.' !=! ~ r-: ~ ~.~ ~ ~ ::: ~ ,'. ~ f.~ $ a :~ ~. ~ ~ ~...>. {rt;.. ->>> ...:. ...> ,', jtj .' ,'~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ STATE OF 1* PENNA. w ~.' ~ ~.. !ii ~" ~.~ ~ .' ~ ;', ~ ,,~ ~ ,', ~ i ~.~ ~', ~ ;.~ ~ ,', ~ ,'~ :, A i ~.. ~', ~ i ~': ,', ~ ~ ~; ~ ~.~ ~ ~ .'~ ;;; rt ~ ~.' ~ w ~.~ ..~()SJ>.I>I~.~!.'.'.'tII3U RE.R, HI,. ........ pl~int!f(....... VeJ'SlIs ............... 1/ i :1 N ( ). .y.~..::..I.~~.~.5~1Y.~~".."",,. .... ..................... KANDACE L, THEURER, ..................-........... ! .. .. .................. ,/ II I:lefen~ant DECREE IN DIVORCE r.J2.., -=r- 8, 'J 711, hi. AND NOW, .....~...(7..~.~.......... 19.~r.... it is ordered and decreed that ............ ~?~~l?~ .~'. T~!'!~~~~,. ~I~. . " . . . . . . . . . . . . . .. plaintiff, and. . . . . .. " .. . .1}~1)9~9\!.I,.,. T!1!lJ.lr\!f. . . . . . . . . . . " " . . . . . . . . . . . .. defendant. are divorced from the bonds of matrimony. 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; The attached Property Settlement Agreement is hereby incorporated, but not ......., .....,.,.,., .... '" ..........,.,.. ...... '" '" ...... '" '" ....., ", m.eJ'g~t:I, JntQ .thj~ P.E:cr.e.e. in ,Qiypr~l!. . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . Allest: ........ J. rOlhonotary ------- --'-.............__.-...._---.._~-~..................-...._.------...~_..-~ .....--....-~-...........~-~-,)~ ~-----------------------~ ~ Q '.' ~ ~ ..~ w ~.~ t ? ~ ~'. ~ ~~ ,', ~ ~'. ~ ;.; ~ ~ ~.~ ;.~ ~ ,', ~ *- '.' r~ i ~.; ,', ~ ,', * ~ i ~.~ ,', ~ ;'; ,', ~ ,', ~ *- ~'; ,', ~ *- ~.' ~ *- '.' ~ ~ ~ ... *- '.' ~ ... ~ ~ ~ '.' * . carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. 3. DIVISION OF PERSONAL PROPERTY. The parties have divided between them to their mutual satislaction, personal effects, household goods and furnishings and all other articles Of personal property which have hereto lore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give ellect to this paragraptl, upon request. 4. RETIREMENT BENEFITS. Each party shall keep any pension benelits. delerred compensation or the like which may exist ttlrollgh each party's respective employer. Huslwnci IS employed by the Commonwealth 01 Pennsylvania and Wife is employed by Fairvlew Retirement Home. 5. EQUITABLE DISTRIBUTION. Husband agrees to pay to Wile in the lorm 01 equitable distribution, the sum of $291.52. The said amount shall be paid to Robert Peter Kline. Esquire, attorney for Wife, to be released to Wile lJpOn the granting 01 the Decree in Divorce. . ' 2 ..- .... . 6. TAX ON PROPERTY DIVISION. Husband hereby agrees to pay all Income taxes assessed against him, if any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder, 7. BREACH. If either party IJreaches any provision of this Agreement, the other party shall have the right, at his or her election. to sue for damages for such breach. The party breaching this contract shall be responsible for the payment of lege fees and costs incurred by the other in enforcing his or her rigllls under this Agreer~'el1l. or seeking such other remedy or relief as flluY be available to 11im or her. 8. FUll DISCLOSURE. Husband and Wife each represent and warrant to the other t1~f., he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party of every type whatsoever and all oti'er facts relating to the subject malleI' of this Agreement, 9. ADDITIONAL INSTRUMENT. Each of the parties shall on demand execute and deliver to the o:her any deeds, bills of sale, assignment, consents to change of beneficiary on insura,..ce policies, tax , ' 3 returns and other documents <lnd uo or caused to be done any othor act or tiling that may be necessary or desirable to the provisions and purposes of this Agreement. If either party fails on demanu to comply with this provision, that party shall pay to the other all attorneys' fees, costs anu other expenses reasonable incurreu as a result of such failure. 10. WIFE'S DEBTS. Wife represents and warrants to Husband that since the parties' separation she has not and in the fLllure she will not contract or incur any debt or liability for which Husband or his estate might be responsible <IIld shall indemnify ant! save Husband harmless from any <lnd all claims or demancls made against him by reason of debts or obligations incurredlJy her. 11. HUSBAND'S DEBTS, Husband represents and warrants to Wife that since the pcHtl(JS' sepmation he has not and in the futlll'e he will not contract or incur any debt or l,a!Jility for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or uernanus made against her by reason of dell:s or obligations incurred by him. 12. WAIVERS OF CLAIMS AGAINST ESTATES. Except as herein otherwise provided. each party may dispose of his or her 4 property in any way, and each party hereby waives ell1d relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor ~f the other's estat.e, and each will, to the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 13. REPRESENTATION. It is reco{Jnized by the parties hereto that Jusepll L. Theul'e" III is represented by John J. Connelly, Jr., Esquire, and Kandace L. Theurer is represented by Robert Peter Kline, Esquire. It is fully understood and agree'd that by the signing of this Agreement, each purty understnnds the legal impact of this Agreement ami further acknowledges tflat the Agreemem is fair and reasonable and each party intends to be legally bound by the terms hereof. 13. VOLUNTARY EXECUTION, The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered . . 5 Into voluntarily and that It is not the result of any duress or undue influence. 14, ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 15. PRIOR AGREEMENT. It Is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 16. MODIFICATION AND WAIVER. Any modificCltion or waiver of any provision of tliis Agreement 5/1,,11 be effective only if made in writing and executed with the sanle formality as tliis Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as <I waiver of any subsequent eJefault of the same or similar nature. 17, GOVERNING LAW. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealtll of Pennsylvania. 18, INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that 6 " () ~o (;) c::: ::a -'rJ :....,., '-- 'iJ .1.~t-: r"tij; 1 (:": i.- '-', -:!J' ;";' i) '..':Iij , , .f; ~ ,-J ~ ; J r,; .. .: )(J) C~ ~I ::2 :f!:B -. . C;?,:) ;;:., . ::? ;":rn , . ~ ~'," :=j :.., :JJ -', '1' -< I' l' ,: , ; ..~ /hk !"' ,,:: f:\:. :-jt. ,(.: . :/~;, , l I , TO YOU ARE Hlft,IV NOTI'IIO TO "LlAD TO THIt INCI.OIID WITHIN 1WKNTY lJelI DAY' 0' l.ftVICK tlIRID' 0". A D.PAULT JUDOMINT MAY I. I:HTI"IO . ADAINI' YOU, LAW OFFICE JAMES, SMITH, DURKIN.& CONNELLY P. o. BOX 6'0 HERSIlBY, PENNSYLVANIA 17033.Q6,O AtTOflHIY WI HI"II'" CIRTI" THAT THI WITHIN II A nUl: AND CO''''ICT CO"Y 0' 1HI . O"IDIN"'. PlLlD IN 1HII ACTION. or IT .........T JOSEPH L. THEURER, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 98-1385 CIVIL KANDACE L. THEURER, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (XX) 3301 (e) ) 3301 (d) of the Divorce Code. 2. Date and manner of, service of the Complaint: March 23, 1998 by personal hand delivery. Complete either paragraph (a) or (b). la) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301 (c) of the Divorce Code: by Plaintiff: June 25, 1998; by Defendant: June 25, 1998. lb) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: All claims of record have been settled. Co .0 C'l C OJ .1I -~ .C'r.. ,- -~J rd(-. ''':':: ;'ij:rJ ,-- ;i.':.t:: ,Iii /.:l:,,' I ~l~< ._1 -J"? 'Jo ::1 -,,--, I /~r" ;::'-0 ::.-t.:.: ...:..-. '. 0(") -'~; :;'.) O,1n SJ r:- :;J .- ::0 ......; .""""", LAW OFFICE JAMES. SMITtI. DURKIN & CONNELLY p, o. BOX 650 HERSHEY, PENNSYLVANIA 17033,06S0 WE HI"IIY CUTin THAT THI WITHIN II A '''UI AND CO""ICT CO,... 0' THI D"IOtHAL 'lLID IN THII ACTION. TO YOU "". HI"IIY NO'''IIO TO ..LIAO TO THI INCLOIID WITHIN . TWlNTY 1201 DArI 0' .."VICI: HI"IO' 0" . A DI'AULT JUDGMINT MAY 1.IN111t10.. , AGAINI' YOU. "' IT Ii nottNlY JOSEPH L. THEURER, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-1385 CIVIL KANDACE L. THEUReR, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 12, 1998. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree, 4. I 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 -,..0' , ('; '-" 0 c: e,.-:> -1I i.I ?:: ,,- ~i! - ""t:(;l C <.,.f1 n-lfl'. f- l'r' "'l ~1' I "~Irn !:;. i' "~b (/J;:C .~ ,...l f.;~": '~, IJ"d :1: ;')~ .". ....t.) ''-<~ 'r::::; #f-rn ,~ ~~ ;- ~; -1.... :':j ~.) ~ -<, ,'" ~; ,,1 "'-~ ',,1 ."' ,. . '..........- " . . '. '.' JOSEPH L. THEURER, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98.1385 CIVIL KANDACE L. THEURER, Defendant CIVIL ACTION. LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 12, 1998. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree, 4. I 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 () u::> 0 c:: CO on ~.': r-:: --, -e) en :::::n !:1JI r' .-- ....._:1, ')1,_ ;.:.~C~ "T:fE (I) ~ ._1 -, :, ~." :". ( !:'...: 1..:) :? rJ~I' ;t:r. ,"-;;P ~~-. ....., ..;~ (,. .J >)~: ~) :: ~ rn U :1'':: -I ~~. .:~) $ -:, (1'\ -, WI Hlltll., CUT',., THAT THI WITHIN .. t-T~UI.~~D CO~~ICT CO,y O~ TNI ",......... ~"ID IN TNII ACTION. ", ,TO YOU Altl HE~"V NOTI,.IID TO "LIAD TO THI INCLoUD WITHIN TWlHTV 1201 04YS 0' ""VICE HE~!O~ 0" A OIl'AULT JUOONIHrMAY DE I:: - ___.- AGAINST YOU. LAW OWI!.'n JAMES, SMITH. DU({KIN & CONNIlLLY '1':Cl,II(),~MO IfI!NSIIIIl', l'IINNSl'I,VAN'A 170JJ,OMO AnottrllY IY '- JOSEPH l. THEURER, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 98.1385 CIVIL v, KANDACE L. THEURER, Defendant CIVIL ACTION. LAW IN DIVORCE WAIVER OF NOTICE OF INTENTlON-I.O REQUEST ENTRY OF A DIVORCE DECRE~..NQER ~ 3301l.gj OF THE DIVORCE CODF. 1, I consent to tho ulllry of 0 final Ducruu of Divorce without notice. 2. I understand t/WI I may lose rights concerning alimony, division of property, laWyer's fues or expunses If / do not elohn them before 0 divorce is granted. 3. /understand thot I will lIot be diVorced until a Divorce Decree is entered by the COUrt and that a copy of thu DlJcreo will bu sent to me immediately after it Is filed with the Prothonolnry. , verify that the slalomellts modo in this A ffidavit are true and correct. J understand that fa/su Sl1ltuII1UlllS huruill aru lIIadu sllbjoct to thu penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn fa/sifiention to authorilies. Date: (I' - ,J,S-q.>f ()".1-R..j-{)'t ~'J ,~ ! Q I 1'L..'^-- d (( . tloseph l. Theurer, III, Plaintiff ..~- .-.. ... ..--~, JOSEPH L. THEURER, III, Plain tiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98.1385 CIVIL KANDACE L. THEURER, Defendant CIVIL ACTION. LAW IN 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,A. Section 4904, relating to unsworn falsification to authorities. Date: tD/o.s}qg ~~Q, ':1. !1011ftCJIt Kandace L.Theurer, Defendant ,...; ..i~ " , II ,;:;:;.,t30 .' " (,\. ,": , C') oJ:> 0 c. co :.,... TI -at~.; '.... :-:J 0..11;; c: ~-.II t- il.~ ;:..'j, ' I (I',. .~.tm .Si'L ...., ....70 ',)t:' ~~ ,J"1 ~:-~f~ .'):! :.;:,:<;-) - ~~.~ :.~ ,h-rn .,.J -, ::! :....'1 ~ '.,.J ~< ..... TO YOU Aftl HlftllV NOTI'IID TO 'LIAD TO THI INCLOIID WITHIN TWlNTY 1201 DAYI 0' ....VICI H"'IO' Oft :a~~~~~L:OJ~Oa"INT ~AY. ~1~TlftID Anottloln LAW OFFICE JAMES. SMITH. DURKIN & CONNELLY 'f~:-- n~ MO HERSlmy, PENNSYLVANIA 17033,0650 WI! H"'I8'1' C"'Tln' THAT THI WITHIN II A TAU I AND CORRICT CO'Y 0' THI 't O"laIN~L 'ILID IN THII ACTION. OY ov .~.., , JOSEPH L, THEURER, III, PlaIntiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 98.. 1385 CIVIL KANDACE L, THEURER, Defendant CIVIL ACTION. LAW IN DIVORCE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss: AND NOW, this (~,~Ic.dAay of 11}U'~_tAl.L) , 1998 personally appeared before me, a Notary Public in and for the State and County aforementioned, 01d J /1./1) 'fj 1 fll-lc..j ,who, being duly sworn according to law, deposes and says that a copy of the Complaint in Divorce in the above-captioned action was served on the Defendant, Kandace L. Theurer, at the offices of James, Smith Durkin & Connelly, Harrisburg, Pennsylvania, on the ~?:JuLday of dn'Lo..._k.JJ.U 1998, at j,: D D -p--.m, by personal hand delivery. ~~/LU]() ,~" 17 Sworn to and Subscribed to before me this cA~h.J'IJJay of Irhi1Jr /IlLj ,1998. ~Jlj}U~ . J{MJ 'Q -v ( otary Public NOTARIAL SEAL J:AN L. WSIEA, Notory Public Crr; of Hlir'.:;burg, Dauphin County My C"n~'lll';.::on EXplros flav. 29, 1999 ..-:...,A' . . --- ~, A~ .....~..,~- rO:" .C') 1.0 0 c: OJ 'TI ,- ~~ =l -'- -np,' ~ t~~ IT.' ,'i ::0 z:n N -'5" 9( " \'.', ~ . CJ1 ~ ~. t~O " '.~-n " ~("; :::: Qr5 ... "=CJ _am ~ . . . '-!?' >c -, z ::,) ~ H -3 -, L