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WHEREAS, there are two children born of the marriage, all of whom arc
emancipated.
WHEREAS, diverse unhappy marital difficulties have arisen between the parties
causing them to believe that their marriage is irretrievably broken, as a result of which
they have separated and now live separate and apart from one another, the parties
being estranged due to such marital difficulties with no reasonable expectation of
reconciliation; and the parties hereto are desirous of settling fully and finally their
respective financial and property rights and obligations as between each other,
including without limitation by specification: the settling of all matters between them
relating to the ownership of real and personal property; and the settling of all matters
relating to the custody and support oftheir minor children, and in general, the settling
of any and all claims and possible claims by one against the other or against their
respective estate, particularly those responsibilities and rights growing out of the
marriage relationship,
NOW THEREFORE, in consideration of the mutual promises, covenants and
undertakings hereinafter set forth and for other good and valuable consideration, the
receipt of which is hereby acknowledged by each of the parties hereto, husband and
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wife, each intending to be legally bound, hereby covenant and agree as follows:
I. SEPARATION.
It shall be lawful for each party, at all times hereafter, to live separate and apart
from the other, at such place or places as he or she may, from time to time, choose or
deem fit. Each party shall be free from interference, authority or contact by the other,
as fully as ifhe or she were single and unmarried, except as may be necessary to carry
out the provisions of this Agreement. Neither party shall mQlest the other or attempt
to endeavor to molest the other, nor compel the other to cohabit with the other, or in
any way harass or malign the other, nor in any way interfere with the peaceful
existence, separate and apart from the other,
Should a Decree, Judgment, or Order of separation or divorce be obtained by
either of the parties in this or any other state, country or jurisdiction, each of the
parties hereby consents and agrees that this Agreement and all of its covenants shall
not be affected in any way by any such separation or divorce; and that nothing in any
such Decree, Judgment, Order or further modification or revision thereof shall alter,
amend or vary any term of this Agreement, whether or not either or both of the parties
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shall remarry, it being understood by and between the parties hereto, that this
Agreement shall survive and shall not be merged into any Decree, Judgment, or Order
of divorce or separation. It is specifically agrced howcvcr, that a copy of this
Agreement or the substance of the provisions thereof, may be incorporated by
reference into any Order of divorce, Judgment, or Decree. This incorporation,
however, shall not be regarded as a merger, it being the specific intent of the parties
to permit this Agreement to survive any Judgment and be forever binding and
conclusive upon the parties.
2. EFFECTIVE DATE.
The effective date of this Agreement shall be the "date of execution" or
"execution date", defined as the date upon which it is executed by the parties if they
have each executed the Agreement on the same date. Otherwise, the "date of
execution" or "execution date" of this Agreement shall be defined as the date of
execution by the party last executing this Agreement.
3, MUTUAL RELEASES.
Husband and wife do hereby mutually remise, release, quit-claim or
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forever discharge the other and estate of such other, for all time to come, and for all
purposes whatsoever, from any and all rights, title and interest, or claims in or
against the estate of such other, or whatever nature and wherever situate, which
he or she now has or at any time hereafter may have against such other, the estate
of such other or any part thereof, whether arising out of any former acts, contracts,
engagements, or liabilities of such other or by way of dower or curtesy, of claims in
the nature of dower or curtesy, or widow's or widower's rights, family exemption or
similar allowance or under 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 other rights or a surviving spouse to participate in a deceased
spouse's estate, whether arising under the United States, or any other country;
or any rights which either party may now have or at any time hereafter have for the
past, present, or future support or maintenance, alimony, alimony pendente lite,
counsel fees, costs or expenses, whether arising as a result of the marital relation or
otherwise, except all rights and agreements and obligations of whatsoever nature
arising or which may arise under this Agreement or for the breach of any
provision thereof.
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It is the intention of husband and wife to give to each other, by the execution of this
Agreement, a full, complete and general release with respect to any and all property
of any kind or nature, real, personal, or mixed, which the other now owns or may
hereafter acquire, except, and only except, all rights and agreements and obligations
of whatsoever nature arising or which may arise under this Agreement or for the
breach of any provision thereof.
4. DISTRIBUTION DATE.
The transfer of property, funds and/or documents provided for herein shall only
take place on the "distribution date" which shall be defined as the date of execution
of the Divorce Decree, unless otherwise specified herein,
5, MUTUAL CONSENT/ADVICE OF COUNSEL....
Husband and wife acknowledge and understand the tenns and conditions of
this Agreement, and wife is represented by Diane M. Rupich, Esquire, and Husband
is represented by Herschel Lock, Esquire,
Husband and wife acknowledge that they fully understand the facts as to their
legal rights and obligations under this Agreement. Husband and wife acknowledge
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otherwise set forth herein.
Husband agrees to be solely responsible for debts and obligations outstanding as
of the date of separation, including, but not limited to: the first mortgage, second
mortgage and home equity loan on the real estate located at 2 I N. Humer Street,
Enol a, Pennsylvania, the person loan owed to Alfreda Geissler, the loan on an
insurance policy in the approximate amount of$II,OOO.OO, and the mortgages owed
on the real estate located at 226 W. Shady Lane and 99 E. Perry Street, said debts are
more fully set forth herein under Real Estate.
Both parties hereby holds the other hannless and indemnities the other in
connection with the above debts and assume full responsibility for the payment as set
forth herein,
8, REAL EST ATE....
Husband and wife hereby acknowledge that they are the joint owners of the real
estate as follows: 142 Cumberland Road, 226 W. Shady Lane, 209 Enola Road, 113
E. Cumberland Road, 326 Pitt Street, 24 Cassatt Street, 99 E. Perry Street, and 21 N,
Humer Street, all located in Enola, Cumberland County, Pennsylvania. Husband and
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Husband hereby agrees that he shall be solely responsible for the mortgage,
utilities, taxes, and any and all other debt and liability of all real estate until the
completion of the refinancing, and hereby indemnifies and holds wife hannless from
the above obligation upon all real estate.
Husband and Wife hereby agree that all real estate which is currently owned
free and clear shall be transferred into their respective names upon the execution of
this Agreement, and that all real estate which is currently encumbered, shall be
transferred at the time of the refinancing by husband, thereby relieving wife of all
obligations and debts owed on said real estate. Husband shall pay to wife the sum of
$4,500.00 at the time of refinancing (within 60 days hereof).
9. PERSONAL PROPERTY.
Except as set forth hereto, husband and wife have agreed that their personal
property has been divided to the parties' mutual satisfaction and neither party will
make any claims to the property possessed by the other, except as set forth hereto:
NONE. The parties hereto acknowledge that Husband shall retain all antique
automobiles and parts, and wife hereby waives all of her right, title and interest in
said automobiles. Wife shall retain her life insurance policy.
Husband and Wife further agree that they shall share, one-halfeach, the income
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at any time hereafter have for past, present, or future spousal support, or maintenance,
alimony, alimony pendente lite, spousal support, equitable distribution of marital
property, attorneys fees, costs or expenses, whether arising as a result of the marital
relation or otherwise.
It is the intention ofthc husband and wifb to give to each other by the execution
of this Agreement, a full, complete, and general release with respect to any and all
property of any kind or nature, real, personal, or mixed, which the other now owns or
may hereafter acquire, except and only except all rights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or
for the breach of any provision thereof.
13. ALIMONY PENDENTE LITE AND COUNSEL FEES
Wife hereby agrees that upon receipt of a Decree in Divorce, that she will
immediately notifY the Domestic Relations Office of Cumberland County to terminate
the Order for alimony pendente lite docketed to No. 98- 139, Pasces No. 704100040.
Husband hereby agrees that he shall pay the sum of One Thousllnd and no/I 00
($1,000,00) Dollars to wife's attorney, Diane M. Rupich, Esquire, upon entry of the
Decree in Divorce,
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
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On this, th~1-- day of "'11v1!> ' 1999, before me, a Notary Public,
the undersigned officer, personally appeared CAROL A. GEISSLER, known to me
or satisfactorily proven to be the person whose name is subscribed to the within
instrument, and acknowledged that she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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COMMONWEALTH OF PENNSYL VANIA
COUNTY OF DAUPHIN
On this, the 5A--l day of j11 d.f- ,1999, before me, a Notary Public,
the undersigned officer, personally appeared GEORGE H, GEISSLER, known to me
or satisfactorily proven to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
My commission expires: 5"j,?.;z./ff' (;/}??o.A.C hJ'-&t:' ~d..
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Notary Public
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GEORGE II. GEISSLER, IN 'rHE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. YEAR 1998'. /315 iuJ~
CAROL A. GEISSLER,
Defendant IN 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, including custody
or visitation of your children.
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 of Cumberland County, 1st Floor,
Cumberland County Courthouse, Carlisle, Pennsylvania 17013.
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 RIGHTS TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYERS AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR COUNSEL OR CANNOT AFFORD ONE, GO
TO OR TELEHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, pennsylvania l7013
Telephone No. 7l7-249-3166
Court to enter a Decree in Divorce, divorcing the Plaintiff and
Defendant.
COUNT II - DIVORCE
9. Paragraphs 1 through 8 inclusive of this
Complaint, are incorporated by reference and made a part hereof.
10. The Plaintiff avers, in the alternative, that
the marriage is irretrievably broken; and that he is entitled to
a divorce under the provisions of 53301(c) of the Divorce Code.
11. The Plaintiff has been advised, that counsel-
ing is available and that he may have the right to request the
Court to requuire the parties to participage in counseling.
12. The Plaintiff requests the Court to enter a
Decere in Divorce.
WHEREFORE, the Plaintiff requsts your Honorable Court
to enter a Decree in Divorce in the alternative, divorcing the
Plaintiff and Defendant.
COUNT III - EQUITABLE DISTRIBUTION
13. Paragraphs 1 through 12 of this Complaint,
are incorporated by reference and made a part hereof.
14. The Plaintiff and Defendant have acquired
real and personal property during the time of their marriage.
15. That the Plaintiff and Defendant have been
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GEORGE H. GEISSLER,
PlaintifT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
VS.
No. 1395 CIVIL TERM
CIVIL ACTION. LAW
IN DIVORCE
CAROL A. GEISSLER
Defendant
I. A Complaint in Divorce Under Section 330l( ) of the Divorce Code was filed
on MARCH 13, 1998 .
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing the Complaint.
3. I consent to the entry of a fmal Decree in Divorce,
4. I understand that I may lose rights concerning alimony, division of property,
lawyers's fees or expenses if I do not claim them before a divorce is granted.
5, I have been advised of the availability of marriage cowlseling, and being so
advised, I do not request that the Court require my spouse and myself to
Participate in marriage counseling.
I veritY that the statements made in this Affidavit are true and correct. I
understand that false statements made herein are made subject to the penalties of 18
Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Dated, MAY 3. 1999 ~~~
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II. ISSUE INVOLVED:
Under the applicable case law, statutory law, and
Rule of Civil Procedure ~1033, should the amendment be granted
without any preconditions?
III. REFERENCE TO LEGAL AUTHORITY:
The law is clear, that the intent is to be liberal
in the amendment of pleadings.
As set forth in Franqie v. Solomon, 7 D&C 2d, 394,
that where the wrong form of action has been filed, leave should
be granted to make an amendment at any stage of the proceedings.
The requested amendment is under date of March 20,
1998, approximately a week after filing Complaint, so there is
absolutely no question, as to the timeliness of filing the said
Motion.
There is no unfair surprise or comparable pre-
jUdice from the requested amendment.
As noted in the Superior Court Case of pilotti v.
Mobile Oil Corporation, 565 A. 2nd 1227 (1989), at page 1229,
that oue Supreme Court has held, that the policy in this Common-
wealth, is to allow an amendment where there is a reasonable
possibility that an amendment can be accomplished successfully.
The attempt by the Defendant to condition the amendment on the
payment of counsel fees and costs by the Plaintiff, for which
there is no support in our research under the case law for such
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II. ISSUE INVOLVED:
Under the applicable case law, statutory law, and
Rule of civil Procedure ~1033, should the amendment be granted
without any preconditions?
III. REFERENCE TO LEGAL AUTHORITY:
The law is clear, that the intent is to be liberal
in the amendment of pleadings.
As set forth in Frangie v. Solomon, 7 D&C 2d, 394,
that where the wrong form of action has been filed, leave should
be granted to make an amendment at any stage of the proceedings.
The requested amendment is under date of March 20,
1998, approximately a week after filing Complaint, so there is
absolutely no question, as to the timeliness of filing the said
Motion.
There is no unfair surprise or comparable pre-
judice from the requested amendment.
As noted in the Superior Court Case of pilotti v.
Mobile Oil Corporation, 565 A. 2nd 1227 (1989), at page 1229,
that our Supreme Court has held, that the policy in this Common-
wealth, is to allow an amendment where there is a reasonable
possibili ty that an amendment can be accomplished successfully.
The attempt by the Defendant to condition the amendment on the
payment of counsel fees and costs by the Plaintiff, for which
there is no support in our research under the case law for such
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II. ISSUE INVOLVED:
Under the applicable case law, statutory law, and
Rule of Civil Procedure ~l033, should the amendment be granted
without any preconditions?
III. REFERENCE TO LEGAL AUTHORITY:
The law is clear, that the intent is to be liberal
in the amendment of pleadings.
As set forth in Frangie v. Solomon, 7 D&C 2d, 394,
that where the wrong form of action has been filed, leave should
be granted to make an amendment at any stage of the proceedings.
The requested amendment is under date of March 20,
1998, approximately a week after filing Complaint, so there is
absolutely no question, as to the timeliness of filing the said
Motion.
There is no unfair surprise or comparable pre-
judice from the requested amendment.
As noted in the Superior Court Case of pilotti v.
Mobile Oil Corporation, 565 A. 2nd l227 (l989), at page l229,
that our Supreme Court has held, that the policy in this Common-
wealth, is to allow an amendment where there is a reasonable
possibility that an amendment can be accomplished successfully.
The attempt by the Defendant to condition the amendment on the
payment of counsel fees and costs by the plaintiff, for which
there is no support in our research under the case law for such
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14, Paragraph fourteen (14) is admitted.
15. Paragraph fifteen (15) is admitted.
WHEREFORE, Defendant prays your Honorable Court to enter a Decree
in Divorce and order equitable distribution of all marital property.
COUNTERCLAIM
CLAIM FOR ALIMONY PENDENTE LITE AND ALIMONY
16. Carol A. Geissler avers that she does not have sufficient funds in which to support
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herself and the minor child born ofthe marriage,
17, Carol A. Geissler has been a housewife for over twenty (20) years, and does not
have employable skills.
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18. Carol A. Geissler is currently working; however, her earning capacity is such that
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she is need of financial assistance from George H. Geissler in thc form of alimony
pendentc litc and alimony.
19, George H, Geissler does have substantial funds and the ability to pay alimony
pendente lite and alimony to his wife.
WHEREFORE, Carol A. Geissler, Defendant, prays your Honorable
Court to Order her husband, George H. Geissler, to pay her alimony pendente lite and
alimony,
CLAIM "'OR COUNSEL FEE. COSTS AND EXPENSES
20. Carol A. Geissler docs not have sufficient funds to defend the divorce action
filed by her husband.
21, The parties have substantial real estate holdings, and it is averred that said real
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ASSETS OF THE PARTIES
List of items applicable to the case at bar and item-
ization of the assets on the following pages.
( X) l. Real Property
( X) 2. Motor vehicles
() 3. Stocks, bonds, securities and options
( X) 4. Certificates of deposit
( X) 5. Checking accounts, cash
() 6. Savings accounts, money market and savings certificates
() 7. Contents of safe deposit boxes
() 8. Trusts
( X) 9. Life insurance polices (indicate face value, cash
surrender value and current beneficiaries)
) 10. Annuities
) ll. Gifts
) 12. Inheritances
) l3. Patents, copyrights, inventions, royalties
X) 14. Personal property outside the home
X) l5. Business (list all owners, including percentage of
ownership, and officer/director positions held by
a party with company)
l6. Employment termination benefits - severance pay,
worker's compensation claim/award
) l7. Profit sharing plans
X) l8. Pension plans (indicate employee contribution and
date plan vests)
) 19. Retirement plans, Individual Retirement Accounts
) 20. Disability payments
) 2l. Litigation claims (matured and unmatured)
) 22. Military/V.A. benefits
) 23. Education benefits
) 24. Debts due, including loans mortgages held
X) 25. Household furnishings and personalty (including a
total category and attach itemized list if distribution
of such assets is in dispute)
X) 26. other
MARITAL HOUSEHOLD FURNISHINGS IIND PERSONALTY
Master bedroom:
Smnll oak dresser
Small oak dresser
2 night stands
Cedar Chest
Guest room:
2 single bed frames
1 small table
1 Wall mount sewing cabinet
Upstairs and Downstairs Hall:
2 Small decorative benches
1 Church bench
1 sewing cabinet
2 wall tapestries
Dining room:
1 wall corner cabinet
1 Rocking horse
1 wine rack
1 handmade tray
1 plant stand
Living room:
1 oak coffee table
2 oak end tables
1 oak bookcase
1 2-drawer oak dl 'sser
1 oak library tat_e
Couch - loveseat - recliner (7
1 TV - stero - VCR - CD Player
Several pictures - small shelf
home interior decorations
1 Mahogany stand
1 stand
Kitchen:
Antique oak cabinet
Antique oak table
4 oak chairs
1 Antique milk can
1 refrigerator ( 8 yrs. old)
1 stove (8 yrs. old)
2 wood stools
2 metal stools
Misc. :
1 hall tree
Linens
Set of White dishes
Set of tableware
1 upright freezer (15 yrs. old)
$ 75.00
$ lOO.OO
$ 30.00
$ 75.00
$ 25.00
$ l5.00
$ l25.00
$ 30.00
$ 80.00
$ 25.00
$ 50.00
$ 50.00
$ 200.00
$ 40.00
$ 30.00
$ 25.00
$ lOO.OO
$ 300.00
$ l75.00
$ 75.00
$ l60.00
yrs. old) $ 200.00
unit $ 500.00
units
$ l50.00
$ 40.00
$ 30.00
$1,500.00
$ l50.00
$ 300.00
$ 30.00
$ 300.00
$ 250.00
$ 25.00
$ 20.00
$ 35.00
$ 400.00
$ 200.00
$ 50.00
$ l50.00
EXHIBIT "A"
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GEORGE H. GEISSLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
VS.
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CAROL A. GEISSLER,
Defendant
NO. Ol395
YEAR 1998
IN DIVORCE
INCOME AND EXPENSE STATEMENT
OF
GEORGE H. GEISSLER, PLAINTIFF
INCOME
Employer: Cumberland Perry AVTS.
Address: llO Old Willow Mill Road
Mechanicsburg, Pa. 17055
Type of Work: Teacher
Payroll Number:
Pay Period: Bi-weekly
Gross Pay per Pay Period
Iemized deductions:
Federal Withholding
Social Security
Local Wage Tax
State Income Tax
Retirement
Savings Bonds
Credit Union
Life Insurance
Health Insurance
Other:
Union Dues
$ 1,632.40
$ 131. 22
$ l24.l9
$ 16.23
$ 45.46
$ 85.23
$
$
$
$
$ 45.90
$l,175.l7
Net Pay per Pay period (Bi-weekly):
26 weeks Bi-Weekly = Annual pay...................$30,554,42
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EXPENSES
Home:
Mortgage/Rent
Maintenance
Utilities
Eler:tric
Gas
Oil
Telephone
Water/
Sewer
Employment:
Public Transportation/
Lunch
Taxes:
Real estate
Personal property (Occupational)
Income (Quarterly payments)
Insurance:
Homeowners
Automobile
Life
Accident
Health
Other
Automobile:
Payments
Fuel
Repairs
Medical:
Doctor
Dentist
Orthodontist
Hospital
Medicine
Special needs
(glasses, etc.)
Education
Private school
Parochial school
College $ 9,000.00
Religious
Week Month
-
Year
-
$14,300.00
$ l,oOO.OO
$ 1,000.00
None
$ 900.00
$ 700.00
$ 351.00
$ 575.00
$ 2,200.00
$ 480.00
$ 2,300.00
'..'
$ 340.00
$ 1,340.00
$ 432.00
None
None
None
$ 1,100.00
$ 3,200.00
$ 250.00
$ 150.00
$ 200.00
$ 250.00
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
CAROL A. GEISSLER ) Docket Number 98-1395 CV
Plaintiff )
vs. ) P ACSES Case Number 640100264~~lrlf
GEORGB H, GEISSLER )
Defendant ) Other State 10 Number
Order
AND NOW to wit, this
MAY 25, 1999
it is hereby Ordered
that:
I
THE ./\BOVE CAPTIONED ALIMONY PENDENTE LITE ORDER IS TERMINATED, EFFECTIVE
MAY 18, 1999, PURSUANT TO THE DBCREE IN DIVORCE ON THAT DATE, THERE IS A
BALANCE OF $1,658.34 OWED TO PETITIONER, THE REMAINING BALANCE IS TO BE
PAID IN FULL BY AUGUST 31, 1999 AND IS PAYABLE AT $276,39 BIWEEKLY,
DRO: RJ Shadday
xc: pla.Lnt.L
defendant ~
H. Lock Esq. MoN.w.
D, RupLch, Esq. ",\~\q'l
Edward E, GuIdo
JUDGE
Service Type M
Fonn OE-OOI
Worker 10 21005
.....r
FILEO-OfACE
OF noli; FPClTHONOTARY
99 JUN"3 A11 811i~
CUMBER1JlNO COUNTY
PENNSYLVANIA
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