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HomeMy WebLinkAbout00-05959 . ." ~ "'~ L" ,', '-', ,- ,-- ~ "",!~,;,;,~ ,~ . . .. .. . . .. . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . . PATRICIA A. CONNER, PENNA. STATE OF . No. CIVIL 00-5959 Plaintiff . . . VERSUS . STEPHEN S. CONNER, . . Defendant . . . . DECREE IN DIVORCE . . . . . CJe:.ML- 5 ~ ,7-(JQ L IT IS ORDERED AND . . . . . AND NOW, PATRICIA A. CONNER DECREED THAT , PLAINTIFF, . . AND ~~RPHRN S rnNNRR , DEFENDANT, . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. The terms of the Marriage Settlement Agreement entered into by the parties on October 23, 2001, are incorporated herein. 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 . . . ~ . . . '" '" '" '" '" '" '" '" "'''' . . Am'T'~ W, " ~ 1 PROTHONOTAR' . . , (' ~,;;~ . . . . . . . . . . . . . . . . . . . . . . . . . . , , , . , . . . " L _ ,~~ ',\ ,.r :~. :' . ~ -.. . . I,[J/-CJ( {}d-&f2t~~4 ~ /!gl-CJr' ~. -,... a: M,t!~~t#~ ~ ;o~- 'In 1 4 1004 ~, ~ "_"""_"""lI!I'm":'~'~"____I"l''''r:",__,~~~OlI!:J!IX~e!~,_.fIiIl!~. . c '-"_rL;-~ _' c _c' ,,_ _. ._ v_'. '," ~-", >^' '_. "" '" . ,.. .__" _" ~", , __n .," ,; ,,'-_.- ,- -_ ;--,0', ~'~,_ _ _ , ';'< m".,;,;,,-,'~.'J", '1' ,,- ;_-~,,,,;>,o,;;_.~' ;, _."-" AGREEMENT BETWEEN PATRICIA A. CONNER AND STEPHEN S. CONNER Kathleen Carey Daley, Esquire Counsel for Wife Stephen S. Conner Pro se ~- . ~< ,--~-~~ '.- -. .~~ ~~"-- ~-'~'^ ~>~-='-'-~ TABLE OF CONTENTS SECTION I: Introduction .................................................................. 3 SECTION II: General Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 4 SECTION III: Alimony, Alimony Pendente Lite and Custody Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 SECTION IV: Property Distribution Provisions ......'.......................................... 10 SECTION V: Closing Provisions and Execution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 --< ,-,~.."-~,<,, ;,. -. ;;..-~ ",-""^.,,,. ',"",~,,,"-,~---"'~ ,-,;,;: SECTION I INTRODUCTION THIS AGREEMENT made this ~.3 day of (JJ-:r~ ,2001, by and between Patricia A. Conner ("Wife") and Stephen S. Conner ("Husband"). WITNESSETH: WHEREAS, Patricia A. Conner, Social Security Number 195-56-3459, was born on January 20, 1962, and currently resides at 5253 Deerfie1d Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17050. WHEREAS, Stephen S. Conner, Social Security Number 190-54-5850, was born on March 18, 1960, and currently resides at 500 Walnut Street, Apartment A5, Lemoyne, Cumberland County, Pennsylvania 17043. WHEREAS, the parties hereto are Husband and Wife, having been married on June 1, 1985, in Camp Hill, Cumberland County, Pennsylvania. WHEREAS, the parties have two minor children, to wit: Meghan Barbara Conner, DOB September 3,1987, and Matthew Richard Conner, DOB May 11,1990. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, 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, the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agrees as follows: 3 , ~" , " '"" ,-, ".." ,,'&:"";-'" ,'~' .. ';":.(,''',,-'1'''-'''''_,C, ',,",-,;,t ",,,";"'-, "'_, "', _"0' ,0, ,'__" " ',- ,( ': <.-;,: SECTION II GENERAL PROVISIONS 1. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of g3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. This Agreement shall survive any such [mal decree of divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 4. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties ifthey 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. 4 ~ _ 0 __ ~ ,- , . , -"-,~, -- .- '_'-" t",....,ik, , - '-, -'i',"~<_ ;';.," >,,<:<7. .' '. . .,;-,"~,;..-,.;,:' . - ;;:';_~\;';"".;';' ",_'.. ,,-,. __ ,"' 0" . ~'.' " C'.,'_OC' 5. ADVICE OF COUNSEL Kathleen Carey Daley, Esquire has prepared tbis Agreement on behalf of her client, Patricia A. Conner, hereinafter Wife. Stephen S. Conner, hereinafter Husband, acknowledges that he has had a right to have an attorney represent him in this matter. Husband further acknowledges that tbis is an important legal document that is binding once both parties sign it, and that an adequate opportunity to review the document and/or consult with an attorney has been provided to Husband prior to signing tbis Marriage Settlement Agreement. 6. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue wbich is inconsistent with the position set forth in the preceding sentence on bis or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause ofthe misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment wbich to bim or her may seem advisable. Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 5 -"~--- " -.,--, >> ,~,- ",-,L-, .. ~~", ,.~, -,'.' -'- ",~ -', ~".-~ '.-" "\' "h,l,!;,;s;. ;c';;'.<o' , - o~ L~ 8. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have, or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrations, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, courtesy, widow'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 of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, co=onwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest orresiduary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations ofthe parties contained in this Agreement and such rights as are expressly reserved herein, 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. 6 '''< . ,,,-, ,---'-.. ";-" " " ,',- . '~- ~'J '-.'" . .,c ';,""~,,,<c s.-',_""~~,,",_,,,,,:;,,-,,,,-; , .. k<-~r\ ",,-,., .. ,', ;-) -., . ,,~ 9. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. Each of the parties acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, depositions and all other means of discovery permitted under the Pennsylvania Rules of Civil Procedure. Each party is satisfied that no additional information is necessary for the execution of this Agreement. 10. PRESERVATION OF RECORDS Each party will keep and preserve for a period offour (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 oftax audits. 11. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 12. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other party for all costs, including reasonable counsel fees incurred by the non breaching party to enforce his or her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event of default of any ofthe provisions of this Agreement by one ofthe parties, the remedies available to the other are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories or equity, under the Domestic Relations Code as amended, including S 3105 of the Domestic Relations Code (which includes contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this Agreement. 7 ,_._ ,u.- <...,;_' ~"';&.;"",.-w.~, < ' "._' ,__', ,,' ,-".;,",-, - '''.;,,;.. . ,'~ '.- ,,"-', ",~-;;,," o _ _u _ :_-",--"--;J~;;j-;:":,.-", , ,. (1\: , 13. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 15. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 16. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereof) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 17. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereofbe construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 8 _"',' ~.,~_., ~"~'-_'''''-r. ,..~- ,- ;, ~.-",- ,,',. -" -,'j, " ";," _'U" ~~-, ~'i."~"", ',,~,-_-, - ;'-j :,,i ",;;;~,i 'r ,~."' - -"-,, 18. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception ofthe satisfaction of any conditions' precedent, shall in no way avoid or alter the remaining obligations of the parties. 19. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Patricia A. Conner, 5253 Deerfield Avenue, Mechanicsburg, pennsylvania 17050, or counsel for Patricia A. Conner, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Stephen S. Conner, 500 Walnut Street, Apartment A5, Lemoyne, pennsylvania 17043, or counsel for Stephen S. Conner, or such other address as Husband from time to time may designate in writing. 20. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 9 --- -' ,,~_, > '_,_ ,_c SECTION III ALIMONY AND ALIMONY PENDENTE LITE AND CUSTODY PROVISIONS 1. ALIMONY The parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other payment for support, maintenance, alimony pendente lite or alimony. 2. CUSTODY The parties acknowledge that they are the parents of Meghan Barbara Conner, DOB 09/03/87, and Matthew Richard Conner, DOB 05/11/90. Both children shall remain in the primary legal and physical custody of their mother, Patricia A. Conner. Husband shall have periods of partial custody with the children at such times as the parents can mutually agree. SECTION IV PROPERTY DISTRIBUTION PROVISIONS 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever, abandon any claims which either may have with respect to the above items, which shall thereafter be the sole and exclusive property ofthe other. 10 "'..--~ ,." --., _"~o" . > ~'", .'" -.;,'~_>2. .: ~ ,;;.,., _ "':"';"" ';;!:, ,<'_ <, ,;;;~,,:: ~~j_> .<,;'" 2. RETIREMENT BENEFITS Wife has accumulated benefits as the result of her employment with the Cumberland V alley School District. The parties agree and acknowledge that these benefits shall be the sole and separate property of Wife, free from any claim of any nature from Husband. With regard to any other retirement benefits that may have been accumulated by either of the parties, each party waives any right, title, interest or claim to the retirement benefits of the other party. 3. BANK ACCOUNTS During the course of their marriage, the parties had accumulated various accounts with financial institutions. The parties have divided those accounts to their mutual satisfaction. The parties hereby agree and acknowledge that there is one remainingjoint account that operates through Commerce Bank at #0032077851 that continues to be used by Husband. Wife releases any right or claim she may have to this account to Husband and Husband agrees to remove Wife's name from this account within thirty (30) days of the date of this Agreement. 4. AUTOMOBILES The 1997 Volvo Station Wagon currently operated by Wife and titled in her name, shall be her sole and separate property, free from any claim of any nature by Husband. Wife shall indemnify and hold Husband harmless from any liability related to the debt on this vehicle. The parties agree and acknowledge that there is a leased BMW that is currently operated by Husband. Husband agrees and acknowledges that he shall indemnify and hold Wife harmless from any liability of any nature related to this vehicle. 5. CURRENT LIABILITIES The parties are jointly and severely liable for a first and second mortgage on the residence located at 5253 Deerfield Avenue, Mechanicsburg, Pennsylvania 17050. Wife has applied for a new primary mortgage so as to satisfy these two existing joint liabilities. Until such time as these liabilities are paid in full, Wife agrees to hold Husband harmless and indemnify him from any liability related to these debts. 11 ~ -- '" ~ ,,,-.' ,~",' ~ ._ .,' ;;"0" ,,-.,___c"_,:"-_~ ~o.,"",,";-;'_M^ '_,,,,;:->_~-' ~,,~,,-,,' .;,-- :~;-..: '. . . With regard to any other liabilities of any nature that have been accumulated by the parties, each agrees that any liabilities that have been accumulated since separation shall be the sole responsibility of the party who has created that liability. Each party shall indemnify and hold harmless the other party from his or her separate obligations. 6. LIFE INSURANCE Any life insurance policies owned by either Husband or Wife shall be the sole and separate property of the owner of the policy. Thus, any policies owned by Husband shall be his sole and separate property, and any policies owned by Wife shall be her sole and separate property. 7. MISCELLANEOUS Any property not specifically divided by this Agreement shall be owned and retained by the party in whose name the property is titled or, if the property is not titled, shall be the property of the party currently in possession ofthe property. 8. REAL ESTATE A. Marital Residence - The parties acknowledge that Wife is the title owner of real property known as 5253 Deerfield Avenue, Mechanicsburg, Pennsylvania 17050, which is subject to a first and a second mortgage. The parties agree with respect to this property, that this is the sole and separate property of Wife, free from any claim of any nature by Husband. As indicated above, Wife has arranged for the satisfaction of the first and second mortgages on this property so as to eliminate Husband's liability on these debts. Wife shall indemnify and hold Husband harmless from any liability related to this real property. B. Liberty Township. Adams County - The parties acknowledge that Wife is the owner of certain real property located in Liberty Township in Adams County, Pennsylvania. Husband hereby releases and waives any claim of any nature that he may have to this property. 12 ",- -",; " - ";.--"""'~ "-,-'.--' ',~-, ~.. ,- ^" '""~"',';E-fC'" _ ...'..i ,,__"._ . SECTION V CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. li- i j " yti S A ---- '-1J~~a ~ PATRICIA A. CONNER /1)-2- t7 / DATE /() ~ ,).s~iJ ) DATE 13 --'-..... , ~ "" >' " , '< < . ..~ ";u.~ ;~:.ioi~~ ~ ,-"-'-.........., -,' -,.. ,;",> ~, ~ -,,. o c ~ ~""'~ -Of).,} q]L~ ~_S:; -<.L ~~~~: ~-\ ) >~; ~-3 ..... CJ o --., o C) -l N U;J :~n , r;'1 r--} :,,) 10 ~:~; '~n >! :< l!Ji .-, -- .-, "~ -- ~., .--...,'. -,,",,'-'" ~. -"",": --~..""","""", 'v,'''''~~'''C-".. < ',,,,,,, .'" C-.,-,"". "'-'Ilil~, DALEY LAW OFFICES 1029 SCENERY DRIVE . HARRlSBURG,PA 17109' (717)657-4795' FAX (717) 657-4996 October 25,2001 Cumberland County Courthouse Office of Prothonotary One Courthouse Square Carlisle, PA 17013 Re: Conner v, Conner No, 00-5959 - In Divorce Dear Sir or Madam: Enclosed please find the documents necessary to finalize the above-captioned divorce action. Also enclosed is a check in the amount of $9.00 to cover the cost of the Defendant's certified copy of the divorce decree, as well as the appropriate envelopes. Thank you for your attention to this matter. truly yours, KCD:pap Enclosures -~, ~ ' ." ~ , ,-, .'." ,-. i~' ;--, , < "", " "' < PATRICIA A. CONNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. : NO. 00-5959 CIVIL STEPHEN S. CONNER, Defendant : 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 93301(c) of the Divorce Code, 2, Date and manner of service ofthe complaint: September 21,2000 by certified mail, restricted delivery. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by 93301(c) of the Divorce Code: by Plaintiff: 10/24/01; by Defendant: 10/23/01. (b)( 1) Date of execution of the affidavit required by 9330 1( d) of the Divorce Code: N/ A; (2) Date of filing and service of the Plaintiffs Affidavit upon the respondent: N/ A. ~- ," ,- - ~ ~,,, -,--- .'" ",,,', "~. " -~J . r , 4, Related claims pending: None 5. (Complete either (a) or (b),) (a) Date and manner of service of the notice ofintention to file praecipe to transmit record; a copy of which is attached: N/A (b) Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: 10/26/01 Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: 10/26/01 J.._. . . " -, ",~'"' -. 0 D C) C -on ~ D ~,... .'''nt,- ::J rilrf: --I 2:0 N Zr 0)~:~ ID ~~ ~'"'-' 2: ,:,....1 ~~,~ -< (,..,,) -< ~ "" ~ - . -. = . . " '~ ~_., -- r. -~- '. ,~- '-'__i'-"":, -.,,-.,- ,,','J ..,' ,~L."". ,',," ~ :"-"'lli;;",", , PATRICIA A. CONNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. t[) -5951' ~ STEPHEN S, CONNER, 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, Cumberland County Courthouse, 1 Courthouse Square, 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LEGAL SERVICES, INC, 8 IRVINE ROW CARLISLE, PENNSYLVANIA 17013 (727) 243-9400 ,- _-,. '"--~' ','<- ~- ",,-~-"~ _""_'_C-'"'__'~'_"="~"_"_'---""'; __ ~_' "I~ ..-, NOTICIA Le han demandado a usted en la corte, Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, V AY A EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LEGAL SERVICES, INC, 8 IRVINE ROW CARLISLE, PENNSYLVANIA 17013 (727) 243-9400 ..... PATRICIA A. CONNER, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. (}().5'"159 ~-rR..-- STEPHEN S. CONNER, Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Patricia A. Conner, by her attorney, Kathleen Carey Daley, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Patricia A. Conner, is an adult individual who resides at 5253 Deerfield Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Stephen S. Conner, is an adult individual who resides at 500 Walnut Street, Apt, AS, Lemoyne, Cumberland County, Pennsylvania 17043. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Penn sylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were manied on June 1, 1985, in Camp Hill, Pennsylvania. " "~~ ", ,_ '..''N.. ~,- ~""'c-',''', .'" ,,,. ,"',~"-" _."~,,,' _, ~,' tI.... . . 5, 6. 7. The Plaintiff and Defendant are both citizens of the United States of America, There have been no prior actions in divorce between the parties. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 8, Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 9. The causes of action and sections ofDivorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce, Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken, The Plaintiff and Defendant separated on March 27,2000, WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony, - , .'~>' .'," ~~~ .,-~. :",.'''"'~''^''--.--~''_ >"'""'''~'''' ~_1'~;;,<.,,;_ _" , ...., I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. By: ~ttfxut~ tl ~/~ Patricia A. Conner, Plaintiff Date: ff' ~ 3/ J1i) , By: Kat een Carey Daley, Es Attorney No. 30078 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Attorney for Plaintiff ---, " , ,,' _;lo~=';'" ~_o,(;,;,- ;,- ,- .o""_~i.:,",..,o~",~ ' ,.. "_ e--'.' ;_', "': PATRICIA A. CONNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW v. NO. 00-5959 CIVIL STEPHEN S. CONNER, Defendant IN DIVORCE AFFIDAVIT OF SERVICE KatWeen Carey Daley, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 21st day of September, 2000, she did serve upon Stephen S. Conner, the Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending to him, by certified mail, restricted delivery, to c/o Association oflndependent Colleges and Universities ofPA, 100 North Front Street, Harrisburg, P A 17101, The receipt for said Complaint is attached. Said copy ofthe Complaint was duly endorsed with notice to Defendant to appear and answer or the matter would proceed without him. Sworn to and subscribed before me this ~day of(0~ C ,2001 Ih atWeen Carey Daley, E fl. ttorney No. 30078 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff By: T ARIAL SEAL . PATRICIA PATTON. No~ry Public Lower Paxton Twp., DaUJPhln ~~~~2 M Commission Ex res une . U' ..... .~"~",~,"~II,'ljJol, ~" ,;-~ tdlli1_ Z 571 395 444 US postal Service . Receipt for Certified Mall No Insurance Coverage Provided. Do not use for International Mail See reverse se~tR.. S"TE.PtlE't-J S. (oIlNE.!\. Street & Number .5 00 WIIU.!L.l1' STf\.....' n Post o~ce. State, & ZIP Code \ 70 3 postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee "' ' Q) Return Receipt ShowIng to ~ Whom & Date Delivered ~ Return Receipl Showing to Whom, < Dale, & Addressee's Address .:; $ o TOTAL Postage & Fees CD (f) postmark or Date E ~ f /~~_{~~____ - .. Complete items 1, 2, and 3, Also complete iterr(4 if Restricted Delivery is desired. . Print' your name and address on the reverse so'that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: x D. Is delivery address different from item 1? If YES, enter delivery address below: ~t lillAddresS64' " o Yes o No Yll?.. SH..f'HU.l S. C"oNNt:.R.,. cy,; AS'Soc..tA"T'ON of IND..fNi)[tJ ," CO/...LE.GE.S AND U~I~E(.Slrte..S " OF fA ,100 NOK..TK 'fRONT ST~...(..T 1-ll\-~~It.SBUtl~ I fA- n IO( 3. Service Type III Certified Mall o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise OC,O.O, 4. Restricted Delivery? (Extra Fee) Ii( Yes 2. Article Number (Copy from service JabeQ Z 571 ..39.5 t.f.5/ PS Fo,,!, 3811, ~~lyl.~9A Oom,es~c Return R_pt 102595--99-M-1789 " ~~~,Itl';"'ilfJm.:~~id .... ~~it;:liIl!i "~ ""11~1ll",,", - 'li.!ll!L'lill .!lll:l~ ~ ~ ~..... o c < -uEi': nlrT"1 ""'7' --..~ zf ~;t: :<::....,.... ~:z:~ 0 ~o >c z :< " ,~ ' '~ , Cl o .Yl c::> " -< N VJ ;0:"'- ':J:_1 "'L", , -c'") ~-<~? ('5 ~...J! ' , ~ ::n -< w r0 \iI; , , -' ,', ~;. ,,' -"'-, 0'._ '" '~"'" ,-- ,,;~,~\;ij'~:,-~< <C_'"" r -' - PATRICIA A. CONNER, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO, 00-5959 CIVIL STEPHEN S. CONNER, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 330 I (c) ofthe Divorce Code was filed on August 29, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. 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. g4904 relating to unsworn falsification to authorities. Date: /O,;;t(-C/ By: ~aa;A'I~ a, ~ PATRICIA A. CONNER, Plaintiff Social Security No. r1'5"- 5~- 3'159 e_I" -"I-~""'-d"". - -~~' ',,_,O;"',~_;; ~~~ -- ~f' ." ';. . ~-~, "" .~ - c' ~,'O':i.,---,'_'~ _. () C s: '"""'u ~~; ~~:, ~t\ )>C' z..( --C, >C~ ~ """ -.'- " v~ o \" o r~,. :-; N \.0 ~ ~_: r~) ..-" "" .'~:+! '--;:;::c'") (3\"(" -l "1> :IJ -< "--:;1 =~: :_".J t...: J '_, '-'-.' -, _ ~ _ -, -, _,01'--';' ,,- -, . _, " ~." :';',,';':'L, ;;;';~_':::"';__:" ' >"'~,. . - PATRICIA A. CONNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 00-5959 CIVIL STEPHEN S. CONNER, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S330HC) OF THE DIVORCE CODE I. 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! 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. 94904 relating to unsworn falsification to authorities. Date: /(J -~I/-tJ/ By: ~p--~j(1 f!n;.41p) PATRICIA A. CONNER, Plaintiff - , , '.' ,~] ill'.' ., ~1l'~ ,~..;:"- ,'J ,,'- "<-,(,.,.. , 0 "...kJ c: """ C::) :-0 '-''i mn,::' C'"') ";;.>'l"f -J '""--'- - ,,~ f", < ,- ~&~ '.0 .> '" : ";., , , .' -'0 . " .,1--" _-.. --,-. :?:'-" " i :~~~ 5>8 0<, ~ :...) 53 -< fv --<: ~ '-'~", - ",' '~. --' -~- ,. -:i,"-,~ . ~ :11 "', ... , . PATRIClAA. CONNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CNIL ACTION - LAW v. : NO. 00-5959 CNIL STEPHEN S. CONNER, Defendant : IN DNORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 29, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. 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. g4904 relating to unsworn falsification to authorities. Date: If) -.}3~o J , By: ~~" J /h4, ,.,.' ~/ //;/;11/' ' ,/ " STEPHENS. CONNER, Derendant Social Security No. filJ-,fY-.J8rV \,'-"'-~ - ill. -, ,> ~c",,~""""""""""" . ...., l'II ""','"-, ','r_',~ '",~, ,~ ~.'"~.. ',> .".' t ", 0 D C) !;; .,-J , ! :-;;', a -0 CD ("") nlrr! '-=-{ I 2:..1:..1 N , ZC ~g ,,0 lJ ~C) ~";-. "'::"'C' .".::.. $c ~' z- :.~ ~ :n (,.,) --< -,~ , _= n~_ '<-,' ,- -,',,", , " .' ,- ~-~~~ J' --ci - .... '" ... . " , . PATRICIAA. CONNER, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 00-5959 CIVIL STEPHEN S. CONNER, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &330HC) OF THE DIVORCE CODE I. 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! 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. g4904 relating to unsworn falsification to authorities. Date: /0 -),3-6 J /~~_//~ By: ./'" /" / ~ Z. STEPHEN S. CONNER, Defendant .......... ,j~'" '->',,~' ~- ~"'"""'~~ , -v "", ~~il~'~~ ' - ,~ , ~."". "')' ~ (") 0 0 c.: ""T? ~ a '--' -Ocr,:;' " J . O)[IJ '~ , , , ,= "':::"'.,,:_' N i"ij ~.,?c- 0 &3.,1'::.: I.D C) I -:::::.:c:' () ~C:' -'"0 .::..; ~~-==- ::J~ ~, -oj '-../ ' -~'''' :;;;U r-,..., \._) c: ~ Z ,:.) =<! oq (,) -<. p