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HomeMy WebLinkAbout98-02168 '" o ~ ., ),1 , I ! ! "': I 0: >../ ~/ I ", '\ \ \ \ \ I I 'I I I I / /' // I - '"1 . 6- a- ~. , .:<<. ,:+:, .:<<. .:+:. .:.-:. .~.:. .:C"' ";:<<"&" .:+:' .:c. .:.:.' -:.:. .:+;. .:+:. ,~.:' <+:. .:+} -:+:. -:+:. :.',~.>~~.:.-:<;.:.:~:~.:.;. ,-,:+:.<.:.- .:.;.,:.~.: :.~"'~,':~ ',~~___,__...__,,,~,_,,,~._.... ,.. v'"......', ".,," ".,." . ,.."'..v,.,....._.."__.v"....._'_"..,,_~.~_',, , f. ~ ~ ~ " ~ ~ ~ ~ " .., ~ " .., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY w,r STATE OF ;~. PENNA. ..~ ~ ,~ ~ TRACY LYNN PRYOR, Plaintiff N (). ..9.8:-.2J~,8,GIVlI;,J'ER!1" It) ~ ,'j ~ CIVIL ACTION - LAW Vl'I'SUS ZACHARY LAWTO,N PRYOR, IN DIVORCE w. ',' Defendant " .., .'; ~ W ~.~ ;'\ * DECREE IN J DIVORCE ..\,~~.. 79..,.. 19~~...., It is ordered and ,', * ~ I, W ~l AND NOW, decreed that, . , . . " ,'FRACY. LYN~, P~Y9~ . , , , , , , . , , . , , , " , " , , , " plaintiff, and, , . , . , , , , , . , , , , , , ' ,ZAC1~ARY ,LAW~O~ ,~R~OR , . , , , , , . , , , , . , , , , " defendant, are divorced from the bonds of matrimony, ~ ~ ~ ,,~ ~ 8 8 The court retains jurisdiction of the following claims which have baen raised of record in this action for which a final order has not yet been entered; Uo ~._ ,', ~ ,;; .., , , , Th,e, .Ma.r.d.'~~e, S,Htt,le,~e,~t .A&~~,,~~~~ ,d,,:t~cJ ,A~&~~t ,13 ~ ,1 ~9~ . ":1)4 . ~~gl)~4 ,l;>Y. ,~he ,p,a.r,tI,e,a, ,is, ,he,r:e,by ~~c,o,r:~~r:'\t,~<\ ,11~~~i;11 ,,\'1<\ .ll)'\4~ ,l! ,p.",~ ,q~ .~lj~~ ,Qtvqr~~ ,Q~~ree. I ny TIt~C().Il:'~~'::/ . \, I~' ~/ AII",I: /1 ,...,.., ,., ,,,:/ .o...-A.. LIt. d ~ ~'J.f., "'" "''''. ~'Z? ~~~I/{ r ~ {~'Z ~ ..- I ~t7P..othon(}tnI'Y ~ ~ ~ ": " !' " .., ~ ~ ~ ~...>--li:l.::~ ,it:: . :;;:, , .' ',;' ':.:' ',~:, :!t:' . .~:' . :;+:' ' ':+:~. ':+:' ':+:' ':+;. ':+:' ':+;. .:+;. .:+:- ,~ ,~.;. .:+:- .:+} <+> -:+;. -:+:. <+:. .:.;. .:+;. .:+:.' ~ ~ ~ ~ " ... ~ ~ " ~ " ~ a ... ,,~ ~ ,', * ,', ., ,'~ s ~ " ... !l " ~ ~ ; ,', ~ 8 " .., ,.:.\ ~ ,', ~ ~ *. ~.' ~ .,. ~ ~.' ~ ',' ,', ~ ,~ '.' ,', ~ ~ ',' ,J, * 1'0' I~ * \::: I~ ! ~ ... ~ ',' " 3. Further, the parties agree to contil1llll living scparulely and upurt Ihlln the other at uny place or places that he or she may sl'lect liS they hllve heretof()re been doing, Neither party shnll molest, hurass, unnoy, injure, thrclltcn or interfcre with the other p"rty in uny mlltter whlltsoever, Each pnrty may c!lrry on und engage in IIny employment, profession, husiness or other nctivity as he 01' she may deem advisuhle 1(')1' his or hcr sole use und henefit. Ncithcr purty shall interfere with the 'US('S, ownership, enjoYITI(~nt or disposition of any property now owned und not specified herein 01' property hereufiel' acquired hy the othcr, 4, The consideration Ill.. this contract and agreement is the mutual henetlt to he obtained by both of the parties hereto and tho (:ovenants and agreements of each of the parties to the other, The adequacy of the consideration fbr all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby, Each party to the Agreement acknowledges and declares that he or she, respectively: (1) is represented by counsel of his or her own choosing; (2) is thlly and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) enters into this Agreement voluntarily after receiving the advice of counsel; (4) has given carefhl and mature thought to the making of this Agreement; (5)' has carefully read each provision of this Agreement; and (6) fully und completely understands each provision of this Agreement, hoth as to the subject mattcr and legal effect. 2 This Agreement shall become effective immediutely as of the date of execution. 5. It is the purpose und intent of this Agreement to settle forever and "ompletcly the interest and obligations ofthe parties in all property that they own separately. und (III property that would qualify as marital property under the Pennsylvaniu Divorce Code, Title 23. Section 401(e), and that is referred to in this Agreement us "Marital Property", as between themselves, their heirs und assigns. The parties have attempted to divide their Marital Property in a manner that confonns to a just and fail' standard, with due regard to the rights of each Pnrty, The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a purt of the marital estate. It is the further purpose of this Agreement \0 settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony, 6, Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, enoumbrance, or restriction to which any property is subject. Eaoh party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. 3 IS. DIVORCE: The parties both agree to cooperate with each dher in obtaining a final divorce of the marriage. It is agreed that thl' partics will exccutc and tHe the consents necessary to obtain the divorce, Any party who falls to coopcrate with obtaining the Divorce shall pay all the costs and legal fees ofthc party who is seeking the divorce. 16, BREACII: If either party breaches any provisions of this Agreement, the other party should have the right, at his or her election, to sue for damages for such breach or seek. such other remedies or relief as may be available to him or her, and the party breaching this contract will be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 17. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other. execute, acknowledgc and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect tu the provisions of this Agreement, 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each pal1y acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influencc, The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress 01' undue influence. 7 i , 19, ENTIRE AGREEMENT: This Agreemcnt contains the cntirc understanding of the parties and therc arc no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20, APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 21. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor havc been cxecuted prior to the date and time of this Agreement are null and void and of no effel't. 22. PA YMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs and legal fees required to obtain and complete the divorce. 23. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of hi" or hl'r property in any way, and cach party hereby waives and relinquishes any and all rights he or shc may now havc 01' hercaftcr acquire, under the prcsent or futurc laws of any jurisdiction, to share in the propcrty or thc cstatc of the other as a rcsult of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to takc against the Will of the other, and right to act as administrator or cxecutor of tbe other's estate, and cach will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisablc to carry into effect this mutual wnivcr and rclinquishmcnt of all such intercsts, rights and claims. 8 "., ..... ~ tr. - i'::~ ;':. :.a ::'),-t: UJR Co> ~-:-;l (,)("1 "... L,)~:C ,Ie... r': -, l)._ C\~:j !-i-- c.!)", '!/\.- 10 , in (.)j ('\J '1:;0: 1..11 - , f: ~~~ .,-.1 U- 0.. IHl1 LIJ :)"1 (.i.... t./;, "-:l Lt. <Xl ~:5 0 0\ (;) t' '. " , ~\'t\\ D\St\\l\\..\'t\t.S t\M.t.\\\C"'l'I~C't 0\1 \91)0 , teQuite<'\ \l')' \\\w to co"'\1\')' wit" t"e ,'C.".,,,,," Co""" " ' .Ib" ",\III"" ." 'II< COO' " C,- .,,,, '0< ,,,,,,,,,,,\00 """"~" . " """.. "" """. ~"'etica!" wit" Di~a\li\it~e~ p..c\ ~\f,,~~:~~ <.\i~a'o\eu inui"iQU\\\~ n\\\'J\I\\~~u~:~!\ \ltiot \0 an')' "elltins ~.. """",", ..... . b """., ". . ,,,,,",,,,, ""'" ~ "" """",""''' """" , I ,,,,,,,,,,,, '" -'" >"'" ""'" oo" ", . 'oo ",.. ~,"" ,no ",no ., ot \lu~i"e~~ \lefote \"e cou ' 1'~C\' LYNN PRYOR, Plaintiff I IN l'JIE COUR1' Ot' COMMON PLEAS Olt' . . : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION. LAW ZACHARY LAWTON PRYOR, Defendant 98..JM CIVIL TERM IN DIVORCE COMPLAIN! ~ DIVORCE PURSUANT ill SECTION 3301(~ OF THE DIVORCE CODE -- NOW comes the plaintiff, Tracy Lynn Pryor, by her attorney, Marcus A, McKnight, III, Esquire, and flies this complaint in divorce against the defendant, Zachary Lawton Pryor, representing as tallows: I. The plaintiff is Tracy Lynn Pryor, an adult individual residing at 202 Gartleld Drive, Carlisle, Cumberland County, Pennsylvania 170 I 3, 2, The defendant is Zachary Lawton Pryor, an adult individual residing at 116 Old Town Road, Gardners, Cumberland County, Pennsylvania 17324, , 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the tlling of this action in divorce, 4, The plaintiff and the defendant were married on October 7, 1995 in Mt. Holly Springs, Pennsylvania, The parties separated on February 28, 1998, TRACY LYNN PRYOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COllNTY, PENNSYIN ANIA CIVIL ACTION - LAW v. 98-2168 CIVIL TERM ZACHARY LAWTON PRYOR, Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTlqN TO REQUEST ENTRY 01<' A DIVORCE', DECREE UNDER --~. SEC,!,ION 3:l01(~) OJI TilE DIVORCE COD!!:, 1. A Complaint in Divome under Scction 330 I (c) of the Divorcc Codc was filed on April 17,1998. 2. The marriage of Plaintiff and Defendant is irrctrievably broken and ninety days have elapsed frorn the datc of filing ofthc Complaint. 3, I conscnt to the cntry ofa final Decrce of Divorcc without notice. 4, I undcrstand that 1 may losc rights conccrning alimony, division of property, lawycr's fees or expenses if I do not claim thern before a divorce is granted, 5, I understand that I will not be divorced until a divorce (lccrec is entcred by the Court and that a copy of the dccree will bc sent to rne immediatcly aftcr it is filcd with the Prothonotary . I verify that the statements rnade in this affidavit are truc and l'orrect. I undcrstand that false staterncnts herein madc are subject to thc penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, .s..pt. 17,1f?8 Date: ~ an , 1998 Er. N G ~~ .::I " I',' .. ;~~~~ n <:\1 U_'nJ. (l~('i_i . ,'~ ,}f,~ FI -,. {'i:: (~i!, to) "I ~(I "(J ('I ._1 .,:,~ lI: lU n. UJCQ ri; U) :..i:!(.l" VJ ~',::..' 1.1. 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