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HomeMy WebLinkAbout00-08312 . r . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. . . . LARRY J. PIPER. JR.. . No. 00-8312 CfVTT.'fERM Plaintiff . VERSUS KIMBERLY A. PIPER. np.fpn~~'lnt- . . . DECREE IN DIVORCE . . AND NOW, rV1:> 'I' c..lt '2 '1 2.00 / , IT IS ORDERED AND DECREED THAT Larrv J. Piper. Jr. , PLAINTIFF, AND Kimberly A. Piper . 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 p~rties' Property Settlement Agreement dated November 27, 2000, i~ . . . . . not mer ed. ATTES ROTHONOTARY . J. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~,-- ".,'>~ ,j '~ ~ "w ,,'" ~" " < ,'-'<'" -'., ~~=~, '''.. ,.l~~ ,.-/. WIJlIIIJIl\II .. """~~.. ....,~~~>.. ~ .....~.....~.'..nrr~tIClll!JIIlifil.. r mi'. 1 OJ TrTlm1>TT1'" '... 't II 3~-f'~/ dd'-~~;i; 44~ 3;6~/~'/ ;r4;- /Ua~ d7 4 ~~ ~. ~" ~~, -_.~"'?""~",., .~ !lIIl'Wl..........~,lll!%~~~~''',''-.--;" "'_':'~ "~'UC,__,"_"""..." "',, ! .J,,,,~,; '1'"',0_' .~.~ i: .1, I; ''''',,,,,,,,,,,,, , . ' PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this J1~ay of November, 2000, by and between KIMBERLY A. PIPER, residing at 2408 Rye Circle, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE," and LARRY J. PIPER, JR., residing at 1521 G High Point Drive, Harrisburg, Dauphin County, Pennsylvania, hereinafter referred to as "HUSBAND." WI TNESSETH: WHEREAS, the parties were lawfully married on November 30, 1996, in Middlesex, Cumberland County, Pennsylvania; and WHEREAS, the parties separated on or about November 1, 1999; and WHEREAS, in consequence of disputes and unhappy difficulties, the parties have agreed to live separate and apart during their natural lives; and WHEREAS, the parties are desirous of settling their existing property rights including an amicable equitable distribution, assignment and division of their property, which property is considered to be "marital property" as defined in the Divorce Code known as Act 26 of 1980, and amendments thereto enacted into law on February 12,1988; and NOW THEREFORE, In consideration of the promises and the mutual undertaking herein contained and for other good and valuable consideration, the parties, intending to be legally bound, agree as follows: 1. Separation. The parties shall hereinafter live separate and apart. Each shall be free from interference, authority, and control, direct and indirect, by the other as if he or she were single and unmarried. 2. Control of Agreement. The provisions of this Property Settlement Agreement shall govern all past, present, and/or future claims for alimony, support, counsel fees and costs, alimony pendente lite, Ii 1,1; '-",;,-,,-^ f equitable distribution, or other property rights, and all other claims which the WIFE or HUSBAND has or might have against the other except as set forth hereinafter. 3. Divorce. Within three (3) days of his execution of this Agreement, HUSBAND, at his sole expense, shall file a Complaint in Divorce in Cumberland County, Pennsylvania, under ~3301 (c) of the Divorce Code. The parties have been separated for approximately one (1) year and acknowledge that their marriage is irretrievably broken. Upon the expiration of ninety (90) days from WIFE'S Acceptance of Service of the Complaint, the parties agree to promptly sign and file any and all documents necessary to obtain a Divorce Decree under ~ 3301(c) of the Divorce Code, including but not limited to, Affidavits of Consent, Affidavits Waiving Marriage Counseling, and Waivers of Notice of Intent to Seek Divorce under 93301 (c) of the Divorce Code. The parties intend that this Agreement shall be incorporated into any forthcoming Decree in Divorce. 4. Real Property. The parties acknowledge that they are the owners as tenants by the entirety of real property, which is also considered marital property, located at 122 Ore Bank Road, Dillsburg, York County, Pennsylvania. The home is presently encumbered by one (1) mortgage in joint name in the approximate amount of Ninety Thousand ($90,000.00) Dollars. Monthly mortgage payments are approximately Eight Hundred ($800.00) Dollars. The marital home is currently vacant and listed for sale with a realtor pursuant to a listing contract. The parties agree that the home shall no longer be listed for sale, but rather WIFE shall move back into the home and enjoy exclusive possession thereof. Upon execution of this Agreement, HUSBAND and WIFE shall jointly notify the realtor of the parties' intent to remove the house from the market. Although the parties do not expect any, any costs, fees, penalties or expenses of any kind associated with the removal of the property from the real estate market shall be shared equally by the parties. Upon separation, HUSBAND resided in the home by himself from November 1, 1999 through October 31, 2000. HUSBAND represents that all bills in connection with the maintenance and ownership of the marital home were paid and are current as of October 31, 2000. Upon HUSBAND vacating the home, neither party has resided in the home and the home remains vacant to the date of this Agreement. From November 1,1999 through October 31,2000, HUSBAND shall be responsible for all bills in connection with the ownership and maintenance of the marital home. From November 1, 2000 through the date of this Agreement (the period of vacancy), and during any period of time when WIFE enjoys exclusive possession thereof, WIFE shall be responsible for all bills in connection with the ownership and maintenance of the -. -... LI Il r,,~o marital home. The bills related to the ownership and maintenance of the marital home include, but are not limited to, the mortgage, taxes, insurance, utilities, repairs, and general maintenance of the home. HUSBAND shall indemnify and hold WIFE harmless with respect to the bills in connection with the ownership and maintenance of the marital home for which he is responsible herein. WIFE shall indemnify and hold HUSBAND harmless with respect to any bills in connection with the ownership and maintenance of the marital home as provided herein. Simultaneously with the execution of this Agreement, HUSBAND shall convey all of his right, title, and interest, specifically including any equity, in and to the marital residence to WIFE, and HUSBAND shall immediately execute now and in the future, any and all deeds, documents, or papers necessary to effect such transfer of title upon request. HUSBAND further acknowledges that upon his execution of this Agreement he has no claim, right, interest, or title whatsoever in said property and further agrees never to assert any claim to said property except as consistent with this Agreement. Said transfer shall be effective immediately upon HUSBAND's execution of this Agreement. From the date of this Agreement, WIFE shall be solely responsible for the payment of all bills associated with ownership and maintenance of the marital home, including, but not limited to, the mortgage payments, taxes, insurance, utilities, repairs and general maintenance. Within ninety (90) days of the date of the execution hereof, WIFE shall refinance or assume the existing mortgage on the marital home and satisfy all existing mortgages thereon. Upon receipt of a commitment or approval, WIFE's counsel will forward a copy of the same to HUSBAND's counsel, and HUSBAND will execute a Deed transferring his interest to the property to WIFE which will be held by WIFE's counsel in escrow until the date of settlement. At that time, the Deed will be delivered to WIFE and recorded in the Office of the Recorder of Deeds in and for York County, Pennsylvania. HUSBAND agrees to execute any waivers of marital interest necessary to effectuate such transfer of interest and refinance or assumption. By executing this Agreement, HUSBAND represents that he has done nothing prior hereto or will do nothing, until his interest has been transferred and delivered by Deed to WIFE and duly recorded in the Office of the Recorder of Deeds in and for York County, Pennsylvania, to affect or in any way impair the parties' interest in the home. HUSBAND has not and will not do anything that would affect in any way the property value but make every effort to ensure that the property is properly maintained. HUSBAND agrees to return all keys to the marital home to WIFE and refrain from entering or attempting to enter the marital home without the express consent of WIFE. - - ....1 " . I,: I __'~L HUSBAND hereby agrees to pay $906.00 toward the closing or assumption costs upon WIFE's refinancing or assuming the mortgage on the marital home at settlement. HUSBAND shall deduct all interest paid on the mortgage to the marital home from January 1, 2000 through October 31,2000. WIFE shall deduct all interest paid on the mortgage to the marital home from November 1, 2000 through December 31, 2000. Neither party shall deduct any interest for the period of time to which the other is entitled. If Oof\y pofVd1 cf' -t/tP C'o'>ts e<Sroc.ICl..~c1 wi tit 100J'\ o.s\lAi)'lP blrJ or e..IoW'l:1 CiJ(7, Wf JeJv.chhk, fIr.t<"hd (C~Q.j'va" '~H(.'iht -I:JJ dedue.+ '^f m It.9ab cf'iPLQt ('od,.\J @ W 5. Spousal SupDortl Alimonv. There is a Spousal Support Order currently in effect through the Cumberland County Domestic Relations Office, PACSES Case No. 497101737. HUSBAND is currently paying WIFE the sum of One Hundred and Fifty Three ($153.45) Dollars and Forty Five Cents per month per the Order, One Hundred and Ten ($110.00) Dollars of which is support, and Forty Three ($43.45) Dollars and Forty Five Cents of which is on arrears. HUSBAND'S arrears total Five ($5.39) Dollars and Thirty Nine Cents as of September 8, 2000. Provided that HUSBAND files the Divorce Complaint as contemplated in Paragraph 3 above, the parties agree that the spousal support award shall continue for ninety (90) days following the filing of the Divorce Complaint, and terminate thereafter. HUSBAND's arrears should have been satisfied in full prior to September 30, 2000. HUSBAND'S wages are currently attached per the Domestic Relations Order, and such attachment shall remain in effect until the entry of a Decree in Divorce. The parties agree that this portion of their Agreement shall be shared with the Domestic Relations Office so as to facilitate the above. Except as inconsistent with the above, each party waives any other past, present and/or future claim for spousal support, alimony, or alimony pendente lite against the other. 6. Employee. Pension and Retirement Benefits. Each party shall retain as his or her sole and separate property. any individual retirement account, and/or retirement benefit plan (including but not limited to pension or profit sharing plans, deferred compensation plans, defined benefit plans, 401 (k) plans, employee savings and thrift plans, IRA's, annuities, or other similar benefits), whether vested or non-vested. The above shall specifically include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. Furthermore, each party shall be and remain the sole owner of any other asset in his or her control not specifically covered by other provisions of this Agreement. Should it become necessary, each party agrees to immediately sign any documents necessary to give effect to this section upon request of the other party. I ~- ., .1 _ Ii 7. Personal Property. The parties have acquired certain personal property during the course of their marriage, the majority of which has been divided to the parties mutual satisfaction. HUSBAND shall return to WIFE the green chair within ten (10) days of the execution of this Agreement. HUSBAND will also return to the marital home and to the possession of WIFE, the washer and dryer for which HUSBAND will be responsible for the installation. HUSBAND will also remove the old refrigerator from the marital home at that time and dispose of it. HUSBAND will retain the hutch and dining room table. WIFE shall return to HUSBAND the Crystal Dolphin Figurine and HUSBAND'S family's wedding pictures within~) days of the execution of this Agreement. ~ ~O) ~ 0J; Except as inconsistent with this Agreement, it is agreed that each party shall relain all items of tangible personal property currently in their possession as if it were their sole and separate property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party which are now in the possession or under the control of the other. Furthermore, each party agrees to waive any right, title, and/or interest they may have 10 the property in the possession of the other. Should it become necessary, the parties each agree to sign upon request, any titles or documents necessary to give effect to this paragraph. 8. Automobiles. There is a 1999 Mercury Cougar titled in joint name which belongs to HUSBAND, and a 1996 Geo Prism titled in joint name which belongs to WIFE. The parties shall each retain their respective vehicles as their sole and separate property, subject to any liens and encumbrances for which they shall bear sole responsibility. The parties agree to indemnify and hold the other harmless with respect to any encumbrance on their respective vehicles. Each party agrees to waive any right, title or interest he or she may have in the vehicle of the other, and promptly sign within ten (10) days of the execution of this Agreement, any and all documents necessary to effectuate the provisions of this paragraph. This shall specifically include the execution of any and all documents necessary to transfer the joint loans and/or titles on these vehicles into the individual name of the party retaining the vehicle. 9. Bank Accounts. Any and all joint bank accounts in the parties' names which existed at separation have been previously divided to both parties' mutual satisfaction. Furthermore, each party agrees to waive any right, title or interest he or she may have in the bank account of the other. 10. Credit Card Debt. There are no joint credit cards in existence and all marital credit card debt has been satisfied in full. The parties agree to immediately cancel any remaining joint credit card accounts. I I. """,'.",,-' Any other credit card debt in existence shall be the sole and separate responsibility of the person who incurred such debt, and that person shall indemnify and hold the other harmless with respect to any and all liability in connection with the same. 11. Miscellaneous Debt. Any debt not specifically listed in this Agreement or incurred after the date of separation (November 1, 1999) shall be the sole and separate responsibility of the party who incurred it. 12. Agreement Executed Voluntaritv and Clearlv Understood. Each party to this Agreement acknowledges and declares that he or she respectively: A. If fully and completely informed as to the facts relating to the subject matter of this Agreement, and as to the rights and liabilities of both parties; B. Enters into this Agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind; C. Has given careful and mature thought to the making of this Agreement; D. Has carefully read each provision of this Agreement; E. Acknowledges that there has been a full and fair financial disclosure by both parties, and fully and completely understands each provision of this Agreement. 13. Release of All Claims. Each party releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred. Moreover, neither party is relieved or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. 14. Holding Other Partv Free and Harmless. HUSBAND hereby warrants to WIFE that he has not incurred and he hereby agrees that he will not hereafter incur any liability or obligation on which she is or may be liable. If any claim or action is brought attempting to hold WIFE liable for any such liability or obligation, HUSBAND shall, at his sole expense, defend WIFE against any such claim or action whether or not founded, and he shall hold her free and harmless therefrom. WIFE hereby warrants to HUSBAND that . .I,....:. IJ ~ '"~,'-'," she has not incurred and she hereby agrees that she will not hereafter incur any liability or obligation on which he is or may be liable. If any claim or action is brought attempting to hold HUSBAND liable for any such liability or obligation, WIFE shall, at her sole expense, defend HUSBAND against any such claim or action whether or not founded, and she shall hold him free and harmless therefrom. 15. Additional Instruments. The parties shall, on demand, execute and deliver to the other, any document, and do or cause to be done, any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails, on demand, to comply with this provision, that party shall pay to the other, all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 16. Full Disclosure. The respective parties do hereby warrant, represent, and declare, and do acknowledge and agree that each is satisfied with the financial disclosures made from the other. The parties acknowledge that although within their right to request, no formal discovery was done in this case, and that they are satisfied with and cognizant of the wealth, income, real and/or personal property, whether jointly or individually titled, estate and assets of the other, and any further enumeration or statement thereof in this Agreement is hereby specifically waived. The parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself that his or her heirs, personal representatives and assigns, that he or she will never at any time hereafter sue the other or his or her heirs, personal representatives or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full and proper disclosure. The parties specifically acknowledge that they have been advised by their individual counsel of their right to seek such discovery, however have elected to waive the same. Further, both parties waive their right to have the inventory or financial disclosure statement of the other attached hereto, and understand that this Agreement shall not be subject to modification by the Court. 17. Reoresentation of the Parties. WIFE is represented by Johnson, Duffie, Stewart & Weidner, in connection with the negotiation and preparation of this Agreement. HUSBAND is represented by Marylou Matas, Esquire. Each party has carefully read this Agreement and is completely aware not only of its contents but also of its legal effect. Each party acknowledges and accepts that this Agreement, in the circumstances, is fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal Agreement and/or Agreements. .."" d~~' '" L, LJ '~-"-""-'-I , 18. Waiver of Rights to Other Party's Estate. Except as provided for herein, HUSBAND and WIFE each waive any and all right: A. To inherit any part of the estate of the other at his or her death, except as provided herein; B. To receive property from the estate of the other by bequest or devise except under a Will or Codicil dated subsequently to the effective date of this Agreement; C. To act as personal representative of the estate of the other on intestacy unless nominated by another party legally entitled to so act; D. To act as the personal representative under the Will of the other unless so nominated by a Will or Codicil dated subsequently to the effective date of this Agreement; E. To claim a family allowance in the estate of the other. 19. Containment of Entire Agreement Herein. This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties relating to the rights and liabilities arising out of their marriage. This Agreement contains the entire agreement of the parties. 20. Partial Invalidity. If any portion of this Agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way. 21. Effect of Reconciliation. Cohabitation or Divorce Decree. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to the parties. This Agreement shall survive any such final judgment or Decree of Divorce. Both parties shall have all rights and enforcement under applicable law including the Pennsylvania Divorce Code. This Agreement shall also remain in full force and effect even if the parties effect a reconciliation, cohabitate as Husband and Wife, or attempt to effect a reconciliation. 22. Modification. This Agreement shall not be subject to modification except as in accordance with Pennsylvania law and with a writing between both parties evidencing their intent to modify the Agreement. " I' ~. ~~~ . 23. 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 not be construed as a waiver of any subsequent default of the same or similar nature. 26. Bankruptcy. Each of the parties acknowledges and agrees that with respect to the liabilities each is required to assume and pay under the provisions of this Agreement, each has the ability to fulfill his or her respective obligations from income or property not reasonably necessary to be expended for such party's maintenance and support or for the maintenance and support of such party's dependents. Should either party file a Petition under Title XI of the United States Code, or should a petition be filed against either involuntarily, each party acknowledges and agrees that the obligations under the terms of this Agreement shall be satisfied in full and shall not be discharged in the bankruptcy. Furthermore, each party acknowledges and agrees that the discharge of the debtor party's obligations under this Agreement will not result in a benefit to the debtor party that outweighs the detrimental consequence to the non-debtor party. I" I" I' I I I I I Iii 1 I: I,: Iii I:: I' ," I I" Ii' I, I !: I I I;; !j: 24. Attorneys Fees and EXDenses. Each party shall be responsible for their own attorneys fees and expenses. 25. Mutual Cooperation. Each of the parties shall, on demand, execute and deliver to the other, any deeds, bills of sale, quit claims, assignments, consents, tax returns, and other documents and do or cause to be done any other acts or things as may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 27. Law of Pennsvlvania Applicable. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 28. Date of Agreement. The effective date of this Agreement shall be the date on which the last party executes the Agreement if the parties do not execute the Agreement on the same date. Otherwise, the effective date will be the date that both parties execute the Agreement if they execute on the same date. -">'.>~ ~ .1 I; I: -.,"'"".""',- . . . . 29. Successors and Assigns. This Agreement, except as otherwise expressly provided herein, shall be binding on and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors and interest of the parties. IN WITNESS WHEREOF, the parties hereby have hereunto set their hands and seals the date and year first above written. WITNESS: )//;)7/ ill) Date ' ~'~4 ~ 'J KIMBERLY A. P- ER ..--1(> 1 11GA iL~ --.lJ - Z2. - 00 Date LAfR~/k{r;;. if :133327 . ,I' , I" ,[; ;;, I LARRY J. PIPER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW KIMBERLY A. PIPER, Defendant NO. 00-8312 CIVIL TERM 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: I. Ground for divorce: Irretrievable breakdown under 9330l(c) 330l(a)(I) ahRe Di"laree Caae. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by certified mail, restricted delivery to Defendant, Kimberly A. Piper, on December 1,2000. 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: March 7,2001 by Defendant: March 20, 2001 (b) (I) Date of execution of the affidavit required by 93301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: March 23, 2001 Date defendant's Waiver of Notice m 93301 (c) Divorce was filed with the Prothonotary: March 23,2001 Mary;:t~~s~;-1= GRIFFIE & ASSOCIATES Attorney for Plaintiff i:~~iWl'",!Il,ldl!\;'4"b;jt'lb",!!;\;c)'I~f;'~_l:\B"~1,.;.rulU"~imi"'\-.iI.ffi'i.I-\jW,""~Xb-,CS:l;,,,j\o;~i%liIl1Ji<<ji:\'ili!~~mOl'" ~~ Uii!l!lJIUI<" ".m"",. ...m. ,_.~"," ~'.<< ,.,,~- ''-"-~~tllil .. ~lM_~lI o :;:; s. ~Jtn m.......... ~L.'-..I .~~f Cr)~.- ;:$.~.. ~c.::i' 2?: (-, ''''c''" .:s:cd ~: -j -<, t:-? ;::, " "lililiU"'1IIIiII c:; o -Tl ':~,) 3: ,~ :::0 "" 0..) i~~li;g =-;]p~ ~;:(~) ~.?~1 (Sin 5;1 =n ~: ~- :it j" ,,- j",I.- .i~"",,, LARRY J. PIPER, JR., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 01J - 'i?; J :2.- IN DIVORCE CIVIL TERM KIMBERLY A. PIPER, Defendant 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 will proceed without you and a decree of divorce or annulment may be entered against you for any 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 at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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 Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ,~ '" , l" _ I~ ......" ~ LARRY J. PIPER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW KIMBERLY A. PIPER, Defendant : NO. av. 'il3}:L : IN DIVORCE CIVIL TERM COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff, Larry J. Piper, Jr., is an adult individual currently residing at 1521G High Point Drive, Harrisburg, Dauphin County, Pennsylvania, since the beginning of November 2000. 2. Defendant, Kimberly A. Piper, is an adult individual currently residing at 2408 Rye Circle, Mechanicsburg, Cumberland County, Pennsylvania, for approximately one year. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 30, 1996, in Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. i_I. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. ~. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing ofthis Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, atas, Esquire Attome or Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 I, I. VERIFICATION I verifY that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: If - Z'Z.-6tJ 2 ~ ~(). LARR~pf R, " Plamtiff I,. OlILltOk. ~;j.""",,,,., "itlt_,~~~r!liiE!;'li1!B';ii!l;~&4~!f1i!ti~hli~i~!~A1iS,{~;1'iI;\,;k';;;1.L"{J",k-",,^;.::;+Md"d!<iO;RIi&k.;?4rjik\~,~~.~.i'lI!i!>!Jll W~l ~~~D!!lt~illil~~""" ~ If '<\ .. "" -.J G cr, 5'\ if c. C c. co t: pp r ;s, '- d "" ~ ~ <> ~ c.. \ .= ,- .'.'"~ ~- -,.",~ < , ,H o .~; ~~f [~.~ . - g;'- C:"( ..... - .J>.': 5E;fj} .~ -.::; -< ..11li1iIiIIIIIiI ~ (::i C-.:) s " :'0 c.... ~ '..J --- ~'" ":'::'1 21 "- .. j'i,lj, "^,;<: . LARRY J. PIPER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW KIMBERLY A. PIPER, Defendant : NO. 00-8312 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT I. A. Complaint in Divorce under 93301 (c) of the Divorce Code was filed on November 28,2000, and served on December I, 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 VERITY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: '3 -7-0 I LA;;;;]IP1R, 1r:p~intiff Ij~",;;")d<-,~j"~!'"'"i;',-""i&,~';'''~:<&':""", iiL'-',id~-1llliL yH~i>!o0l:l'i;"'"&,,,~,'" 'U,,-" ,h.-.~),; ~,.;";,,, "," " l.I"IIlllLJ! . I ~~... ~, .,".'"" , -,,<~, ,'~ """,;;,'i,,,;-,,r-,\,;,;",~,k.,,,f,",*,~W~~I!lrj~i/l,iill>iIIliJji:Ufti,,)!il~I'~i\ltIti!i!lill!ll~,lIlI!I'<ij .lltiml1lilMiill -'V'.~ Q a 0 c: '?' -n i;~ CD :.:;: nj'p', ~ 2-'~' =u -'-- z_t.! ," J' (;) c: ,'" ,;'E[3 ~~~' L..:. ,"-'j I -0 .:::;C) d;;C1 ::c 1~~1 "" ., ::sC c r:? e5n:1 -" :~ '0 :;! c.n =0 -<; 0',,,, ,I LARRY J. PIPER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION -. LAW KIMBERLY A. PIPER, Defendant : NO. 00-8312 CIVIL TERM : IN DIVORCE WAIVER ON NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE- UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 divorce 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 files with the Prothonotary . I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: f -7 -0 I L:RR7J.1I~t, Plaintiff L - ~'" '.~"'''~;', "i'i>~","'''';Wj,="~'''',:il:;;4",~"",;^".,,,,n~(I~lIj'''~IIl>ml''~I~,*kH>> c""ol<\("A,~;"\'O;'""",8:,;,.;,,,,,,,,,t,,,,.,:. "\"",,,"~~&k"!,,,';'ffi,kif""""'~r ,.j ~~....= :IJ:it1jiJcy~_k ~ h,;:arC:llh,Ui1aL ,In ~"''''' _""""'-~~'--'_ "'~ ~,1 ~. ~'". 'rltll!i11 ~'W";$~i,,*~I~ ~~ ~.~ 'I. ~'lliIiIIliiM .....~ 0 0 0 C 'n ~;: ::z:: ~'7J vUJ """ rnn-1 ::':3 ;;:;:-c ,"= Z~J: , ze- N fT. (I)h W -~::.1 2" (~; ""::;: -' -'0 " -', eel =L: <~5~~ LC":':: ~5rf; )>1 f);,) c:: ...::-- , => ~;! --1 :D -< U1 .< lij I..,. i; hi"" .- -I ~,' " " l:i:;liiIt' LARRY J. PIPER, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW KIMBERLY A. PIPER, Defendant : NO. 00-8312 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under 93301 (cl of the Divorce Code was filed on November 28, 2000, and served on December 1,2000. 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. 1 VERITY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 3-)-0-DI ~ A f2-A~ KI BERLYA.~IPER,Dlrendam ~,i1.~it'r,",k1'L,r,JJL' .;!J.";,:,;Jt"~*MJi,,,,['ill;~'1,iiJ;;;;Bt'''''''-',",~I",''',','''''!l,,,L~,";,; ',,,',ie ;:", ;~ i'l!~:, c "I~,~~"" :,L~Dl.,J,lJj J,\CJ.)S . "?>~ . , ,> - ~-~', i,,;J,;,,'i!1llj,:"'~",f,'~:;,,""'r;,,!~.Fldlllli!ilW~~~~''''""''~~ '~'~~~~~1IillIiII ;,- ."". OW" ~""""-'.,;.~'~ ,,~ 0 0 0 C $: " -0 CO :z f'11fT' ::-e:.... 2:::r' =0. r';:"~ 2:,~' N " en Cf) .~ .'--, -~ ~' G.) ':':1 "( r::C r,'-) :E :) C) j>r~ 3i ~;~ --= ~~? C) I)? C:J i"11 :z: :::> :;; .-; --< CA :::0 .,,< ,"" ,~ I I. 'I I - - -< '", 1- I, -~- LARRY J. PIPER, JR., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KIMBERLY A. PIPER, Defendant : NO. 00-8312 CIVIL TERM : IN DIVORCE WAIVER ON NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE :UNDER ~3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree in divorce without notice. 2. I nnderstand that I may lose rights conceming 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 divorce 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 files with the Prothonotary . I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. g4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ~-J-O -DI ~ -A, til~ KIMBERLY A. IPER, Defendant ~iM~i\jihiilk:iMM!Si~Wi'1&h!&l><"~;i~1"kiOlr,",".HI'lJI\ojff"M..."1';J",,,I' 01"" '"ih'i'",I",,,,,,';>,!4,';,A~,!;ChF_",lli.~~id;Jhi!~L :';W'''-''~ili -''''',,-",-,, ,- l~.~ )\ ~,>".", I"",," ",_,""'~_" .0"" _ ", ,,. _ ,"'''' .~~,~-, ,~_ ~I' .",,,,, ~~Hla~. -"-,',,,>,' () c: -o:~ .,.... b,,' llrn 2:r; <r-' (.I)">, fS~; :S::'c.c ::6- ~,c. ""-8- = . -"', 2:: =<! ':-? :::> en 'C " -'.'i!.; o o -on ::il.: h. ;;0 j'oj (..) ~, :.:i;~ ~:::;;' ~':r[-=} -;"',: .~~ ;~~;~ ;~~ ~' :0 -< \_,1 c' I: j Jj ~_.~ , .' " " LARRY J. PIPER, JR., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW KIMBERLY A. PIPER, Defendant : NO. 00-8312 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 6th day of December, 2000, comes Marylou Matas, Esquire, Attorney for Plaintiff, and states that she mailed a certified and true copy of a Complaint in Divorce to the Defendant, Kimberly A. Piper, at 2408 Rye Circle, Mechanicsburg, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on December 1, 2000. 1Y1~ -rrZk Marylou tas, EsqUIre Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscJ:i~ed to befo.,re me this ~ day of {)?[.tlntJtr ,2000. ~ /tt&ttUf()tv( NOTARY p' LlC ~- . Notarial Seal jUr.">1J.lehman. Notary Public . (,ad.iJ.e BolO, Cumberlanil County My C~~iSSlon ExpIres Aug. 25, 2003 II LJ .!I ~,' " ~ IltnJwJ~ F4, p,~ '. ..... JJ<fO'l U1J; 6r<./'i- ih.P.eJlll rz /e'ib d'1 PA 17055 "'\JiO!'~', '. ~,,~;.., ,.t,: ~~'?;t::J~,.,"; ~?,_. !., !(~. "~' ,I t ,! '-',:. Y', ,'-" ":'''' ", " u' '-',' -- '''' """ . cori;pl~te items 1, 2, and 3. Also complete item 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. Arti~le Addressed to: ,~nature , o Agent o Addressee DYes o No 3~ice Type ~,ertlfled Mail o Registered o Insured Mall 4. Restricted Delivery? (Extra Fee) "j pi; Forimi f02595.00.M.0952 " LrJ Return Receipt Fee f1J (Endorsement Required) t::I o Restricted Delivery Fee (Endorsement Required) ..JI ..-'I ,;g b r Postage $ Ll'1 M Certified Fee t::I o Total Postage & Fees $ ..JI t::I t::I t::I t::I I'- .~~Jii(jIlliM'~hllW!>toli~'liMn[~~r.J.l>i~lii~~~!;,,'~"W~~'I'i1r,W~t\ifl."iMIl'lil~ltiIiM~<d1f~1l...m: . L "'iMiBi:<' "",""lItitiIfi'JiM' ~~_..,.,l..;.'- '. II , ..4; "' ~ -~, , ~n ,,~,~ _ "W~"~~~~^< " , - ", ~~, ,,- , lilIfIii1lIiIII: "'ilIlIiIiIl&,:, 0 c: :;-"i~ f:;: c ~. CJ "UCl:J ,'1 ~gj C""J, . ,.i' ~~ j'~ ,".:., ,L ~d ..-;:) i~~ .. :Jt~ (5rl1 ~2:, t'V =~ :;< cP ~ "