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Home My WebLink About00-08355 . ::r:...~~~:)>>::~;:.:::~3E~;::::!>>::,:::~!>>:(::,!:'::!~::~".::(:~!3C!~XC.;::-)::CK):C!:::):C!;;::~.;>>::!;;: :,:!:::c+:r::;:C(::C:+>>::!t:::!::C+:::::+8::!:;:::::(:C!:::::+::.::!;;;;~~:X.:}0i~;~!~::?JJ:~:.>;;;)'C!;;:~X.>~;t:.3>;t:!:c*:('!'I ~ ~ A ~ ~ K . !d ~.# ~.; ~ ~:1t ::.:::+::( )::+;.;;: ::.::+::.-: >::+;.':::::-::+::..;: :::.:::.::.', ".::.::< ::.::.::--:: ':'.::+::.": :':.;::.::~:' ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND "".' a ~.~ ~ ~.~ ~ COUNTY PENNA. ,-.", w ~.~ STATE OF ',.,,' ~ ~.~ k~ ~ ~ ..r,:r~. I), ..~X.l...... ....... ..... ..... .... ........ ....... ........ .... I II N O...fQ.9.Q:7.?~~.!? .................19 ~ ~.~ ~ ~.~ ~ ~'S ~ ~ ~.~ Plaintiff Versus })()Nl\I,J).. :L.,.. ~x,....... Defendant ~ ~I>i ;.'~ ~ ~ N ~ DECREE IN DIVORCE ~.; ~l ~ ~.~ ~t ~ .", ~'S . ,;', ~ I ~.~ ~.~ ~ AND NOW, .. .. A ."1 6(,)' ~ i ..4-.1.. .. .. .. " .. ?:'?.:>.( it is ordered and decreed that............. ..J,:.:r~.p,.~r....................., plaintiff, and. . .. . .. .. .. . . .. . .. . .. .. . .~ .~.. .~~ . . .. . . .. . . . .. . . . " defendant, are divorced from the bonds of matrimony, "'0'" ~ ~.~ ~'S ~ 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; '"..' jj ~.~ ~'S ~ ~ ~.~ ~.~ ~ ~.~ ~ t.{ ~ ~". ~1 ~ k~ ~ ?,; ~ i ~ . l..x::.>>:-,.:*>';>>:;:' .... .~~.$~WJ;'qt:i,QI).,1~.w.I?wWJ;i;.y .1?~ttJ,.~~t.~gJ;~~t.qqt~.~w~.?Q, .?QQ1., i~.~~~X.~~~~~a~~.~x.~~~~~~~........ ............................... Attest: Prothonotary ---- ~---- ", :'", "I~:;. :::.:c.;;: ':'.>>::+;:: .::.:c.:;: '::oat.;;: >':C~;,: ::;'>>~!": ":':.;'.,: :::.:.::.;;: _:,!:.::.,:: '::':.::.:, "'.:.::..,: "~:.::. ,: :'.:.::"" i ~ ~.~ * ~ ~."! '",< ~ ~.~ ~ ~.~ ~ ~ ',..' ~ !l.~ ~ V ~ a ~.~ ! ~ r.f "." w ~.~ . !l.~ ~~ ~ N . . ~.~ n i ~.~ ~.~ , \~ ~ ~.~ ~.~ ~ ~ ~ ~.! ;"S * ~.~ * i '.' ~.; ~ i ~.! J. ~ \.~ ~ ~.~ ;..~ ~ ~ ~i ;," ~ ~ "~" _ _ _w~ ~ '6/ -cJ~'N <(-oft! I "I!I!_--, ",._,~ , ' "f ,,- ,'- ,--' "'~ ,..,., '-'-",>,,"., "' '. .~" ~ ,'~ ,"--~ '-""''''~C,,;'','<''_ "':'1 ""'J"1-'~' -"~u-;;"","'~,:,-,'''c't,;;''1."c.-,,'''_'_'_,~,c_":;,;,,,,,,,,I,"_'"'"-',"__~'~_ ~~' ~=~"""'''~#fm''j'-'t--'"~:"-'' tU-~~v ~4o/ 73>'~ ~ ?fr 4~ tlvt - C1Pf1,;11 ", - ~" """,_P'C""'"T.~.~J ~,_'~~.II!I~'il'~HJ~"r~~~, !T, .H"'~"""'!l!l ,'~-..,-~ , ~,"" - -.,' .,f:',~'~ .J I" J .' .' ~ SEPARATION AND PROPERTY SEITLEMENT AGREEMENT THIS AGREEMENT Made this .z,o ~ay of I 1~ ,2001, by and between LISA D. WEARY (hereinafter referred to as WIFE) and DONALD L. WEARY (hereinafter referred to as HUSBAND); WITNESSETH: WHEREAS, the parties hereto were married on April 23, 1982, in Newville, Cumberland County, Pennsylvania; have been and are HUSBAND and WIFE; and as a result ofthis union, two children were born to wit: ANDREW JACOB WEARY, born October 26, 1984 and JONATHAN ROBERT WEARY, born September 28,1987, hereafter referred to as the "children." 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 fmally 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 and equitable distribution of real and personal property and other economic claims settling of all matters between them relating to the past, present and future spousal support and/or maintenance, 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 premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound, hereby covenant and agree as follows: I. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of WIFE or HUSBAND to a limited or absolute divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party l CVtw -,' .' .' " hereto of any act or acts on the part of the other party which have occurred prior to the date hereof. The parties intend to secure a mutual consent divorce. 2. INTERFERENCE: Pending the entry of a Divorce Decree, the parties shall live separate and apart from each other at such places as he and she may chose. Each party shall respect and act consistent with the other party's right to maintain a separate existence as though he and she were unmarried. 3. AGREEMENT BINDING: This agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. No Court may change the terms ofthis Agreement, and it shall be binding and conclusive upon the parties. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other co-habitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written Agreement signed by the parties expressly stati~hat this Agreement has been revoked or modified. Jcp,~tJ 4. WIFE'S DEBTS: WIFE represents and warrants to HUSBAND that since their separation, she has to and in the future she will not contract or incur any debt or liability for which HUSBAND or his estate might be responsible and shall indemnify and save harmless HUSBAND from any and all claims or demands made against him by reasons of debts or obligations incurred by her. 5. HUSBAND'S DEBTS: HUSBAND represents and warrants to WIFE that since their separation he has not and in the future he will not contract or incur any debt or liability for which WIFE or her estate might be responsible and shall indemnify and save harmless WIFE from any and all claims or demands made against her by reason of debts or obligations incurred by him, 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either ofthe parties ever had or now has against the other, J GJL~ ." exeept any or all cause or causes of action for divorce and except any or all causes of action from breach of any provisions of this Agreement. 7. REAL PROPERTY: The parties are the owners, as tenants by the entireties, of the premises known as 399 North Walnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania of which the Wife is now in exelusive possession. Husband agrees Wife shall be entitled to continue exclusive possession of the property in aceordance with the provision of this Paragraph. The parties agree that the Husband's equitable interest in the marital home as of the date of this Agreement is $35,000. Within 60 days of the date of this Agreement, the wife shall complete refinancing of the current mortgage and shall pay to the Husband the sum of $35,000, contemporaneously with which Husband shall grant and convey sole ownership of the real property to the Wife. Wife shall pay all costs and fees associated with the refinancing and payoff of the existing note and mortgage. The Wife warrants and represents that all obligations under the Note and Mortgage are current, and all other obligations due and owing relative to the property have been paid to the date of this Agreement. The Wife shall be solely responsible for paying the remaining balance due and owing on the Note and Mortgage and shall maintain the premises in good repair and paying all other obligations relative to the property. Further, Wife shall indemnify and save and hold Husband harmless from any further liability in regard to the premises. Should the Wife be unable to refinance a sufficient sum to satisfy the existing Note and Mortgage and to pay the Husband the sum of$35,000 within 60 days ofthe date of this Agreement, despite her reasonable best efforts, the parties shall be obligated to place the property on the market for sale at a price recommended by a local realtor selected by the Wife and use their reasonable best efforts to sell the property to a third party purchaser for fair market value as soon as possible. Upon sale of the property to a third party purchaser, the sum of $35,000, together with interest thereon accrued at the rate of 6% simple interest per annum, commencing 60 days from the date of this Agreement, shall be paid to the Husband. Should the Wife fail to perform her duties to list the property for sale and/or to pay all costs, expenses 3 CiJf-0 " .' and liabilities related to the property and to repair and maintain it in good condition and suitable state of cleanliness in order to maximize the chance of finding a willing and able Buyer for fair market value, or to agree to sell it to a qualified purchaser for a fair price, the Husband shall be entitled to special relieffrom the Court to compel the Wife to perform her duties hereunder or be held in contempt of Court, or alternatively to obtain sole possession of the premises until completion of the sale, or alternatively to obtain such other relief as the Court may find just and proper under the circumstances, Husband shall reimburse Wife for one-half (\12) ofthe expense associated with the replacement ofthe HV AC system within the marital home. The Husband's cost is $1095.00 and shall be deducted from the $35,000 referenced within the above. The Husband shall also contribute a total of$390.00 representing joint expenses for the period of May 9, 2001 through June 16,2001 that were paid by the Wife. Said $390.00 shall also be deducted from the $35,000.00 referenced above. 8. DIVISION OF PERSONAL PROPERTY: (a) The parties have heretofore divided their personal property to their mutual satisfaction. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE respectfully, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. All items of personal property shall be divided between the parties as provided herein: (b) Personal Effects: All items of personal effects such as, but not limited to: jewelry, luggage, sports equipment, hobby collections and books, but not including furniture or any property, personal or otherwise specifically disposed of pursuant to this agreement, shall become the absolute and sole property of that party who has had the principal use thereof or to whom the property was 1 CiJfiJ -... ~ - . , L f"^ ._.1-- .' .' " given or for whom it was purchased, and each party hereby surrenders any interest he or she may have in any such tangible personal property ofthe other. (c) Intangible Personal Property (other than Life Insurance): All stocks, bonds, cash, and sums on deposit in checking and saving accounts (owned by either or both parties) have been or will be divided to the mutual satisfaction of the parties. (d) Pension and Retirement Benefits: Each party waives any and all interest that he or she may posses in their respective spouse's pension or other retirement benefit. Each party agrees to execute any document that may be required to effectuate said waiver. (e) The parties hereto have divided between them, to their satisfaction, all items of tangible marital personal property, including automobiles, household furniture and furnishings, tools, equipment and other similar property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of the other party. All tangible personal property at the marital residence at 399 Walnut Street, Mt. Holly Springs, PA shall be deemed the sole property of Wife. All tangible personal property in the possession of the Husband shall be deemed his sole and separate property. Provided, however, that should either party locate any non-marital property ofthe other party in the future, he or she shall notifY the other party and make such items available to pickup. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. (f) Debts: The Wife shall be responsible for all existing joint liabilities and debts incurred by the parties at the time of their separation which shall be considered to be February 7, 2001. An itemization ofthose debts is attached hereto and made a part here of the marked Exhibit "A". The Husband shall be responsible for all existing debts and liabilities incurred in his own name prior to separation. The Wife shall be responsible for all existing debts and liabilities incurred in her own ~ cu-t u .,,-.,1 1.1" ~-;~ii;t., name prior to the separation. The Wife warrants and represents that all joint credit cards and lines of credit have been closed to further charges or withdraws. ~ parties further agree that neither will incur any future debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereon. 9. AFTER ACOUIRED PERSONAL PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claims or right ofthe other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respect and for all purposes, as though he or she were unmarried. 10. ALLOWANCES TO WIFE AND CHILDREN: The HUSBAND agrees to pay to the WIFE the sum of$IIO.00 per =for~r~port of the two minor children. The parties agree that the first payment become due and owing on Monday, May 7, 2001. The parties agree that the sum of$IIO.00 per week is fair and reasonable under the laws of the Commonwealth of Pennsylvania based upon the earnings and earning capacities of the parties, expenses of the parties, and needs of the children at the present time and is consistent with the Child Support Guidelines set forth in the Pennsylvania Rules of Civil Procedure. The amount of the father's obligation to the mother shall be subject to increase or decrease in the future, as hereinafter set forth. The rights and obligations of the parties shall be as set for the in the child support guidelines of the P A Rules of Civil Procedure. At anytime in the future when a substantial change of circumstances may occur, the parties shall endeavor to reach an agreement as to a fair increase or decrease, if any, in the amount of child support. If the parties are unable to agree, the wife shall promptly institute child support proceedings in the Cumberland County Domestic Relations Office and the amount of child support to be payable shall be determined in such proceedings. If the Husband's obligation to pay child support is determined in proceedings in the Cumberland County Domestic Relations Office, it shall be ~ COt 2::J " J_ . ~@- retroactive to the date of filing of such proceedings by the Wife. Upon the issuance of a Support Order the Husband's obligation to make direct payments to the Wife shall terminate and future payments shall be made in accordance with the Order of Court. The Husband shall be entitled to a credit for support payments made to the Wife during the period following the filing of the Support Complaint and the issuance of a Support Order. At any time in the future if the Husband fails to make timely payment of any weekly child support payment, the Wife may enter this agreement as an Order of Court with all future payments to be made through Domestic Relations Office. II. COUNSEL FEES: Each party shall pay his or her counsel fees and expenses. 12. DIVORCE: The parties hereto agree to enter into a mutual consent divorce. WIFE agrees to pursue the divorce and to be the Plaintiff therein. HUSBAND agrees to sign the necessary documents, including an Affidavit of Consent and further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. Documents shall be executed contemporaneously with transfer of real property as set forth in paragraph 9 hereafter the Wife shall provide Husband a certified copy of the decree. 13. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquhhment of all such interests, rights and claims. 14. BREACH: If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or other wise to enforce the provisions ofthis Agreement, the prevailing party shall be entitled to recover his or her reasonable out of pocket expenses, including but not limited to reasonable 7 QKu 1IlIiiiIl.......... , j.~- ~ , I--'~ "Wi -' counsel fees, actually incurred, from the other party as a part ofthe judgement entered in such legal action, as the same shall be determined by the Court, unless the Court determines that the action was reasonably instituted or defended by the now prevailing party, and, in that event, the parties shall bear their own expenses and attorney fees. This provision shall not apply to proceedings instituted to change the amount ofthe child support payments. 15. FINANCIAL DISCLOSURE: The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 16. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 17. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request ofthe other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonable required to give full force and effect to the provisions ofthis Agreement. 18. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 as amended. 19. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 20. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 21. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as 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. <g coew ,'1 "" " "" .' . 22. WAIVER OF RIGHTS: The parties hereto have been infonned of their rights or have been advised to seek counsel to infonn them oftheir rights under and pursuant the laws of the Commonwealth of Pennsylvania including but not limited to the Divorce Code, Act of April 2, 1980, Number 1980-26 as amended, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and hereby waive, release and relinquish any further rights they may respectively have against the other for spousal support, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. 23. EXECUTION OF DOCUMENTS: Both parties hereby agree to execute any documents required to implement this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. ~:A, iJ~ LISA D. WEARY (/ Witness (Attorney) 0f!{iLQ~ ? ,-'-~ ,". -~ .'_ --,,-1.- ,1:.1-. -.1.'_ 4-'- I I I I '. AGREEMENT OF DONALD L. AND LISA D. WEARY EXHIBIT "A" MARITAL DEBT ORRSTOWN BANK, LINE OF CREDIT 4,629.00 PNC BANK, MASTERCARD 2,427.00 ORRSTOWN BANK HOME EQUITY LOAN 21,799.00 c?fio ~&. ;;J~ Llsa D. Weary 1I.'~IUf'1~~j.r1liii.~;'~"~~~-'J>, .,~ .-,-,,:-,,! .........,_~ ~...'~.~ ~~-Ml'-~:..i.;:...;,; """~'"..-",= ,!!i_)l,Jll" '~I~_"-'_" _,^_"~..,,,,,",, .0=, I;.~,,~ ~ ~~,~ - -,.,- . " ~ , '-, -, '.-'0- n t~ ~IT~: ;~F-;' S? :~-~~ ~C) ~C) >Q ,2 ::;i "'," ",-" ,','" ,-, c) ~ ;:;') :~ _n ("-', ::,:.:r .-.,:...;. w C~hl :;--4 ~'t>- :J:) -< it - ...L...l "-"~ .'. --~~.!i!!~",'. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA D. WEARY, Plaintiff v. NO. 2000-8355 - CIVIL TERMo CIVIL ACTION - LAW s= -oci-; nlrTl IN DIVORCE ~~: ~c' ;g;c PRAECIPE TO TRANSMIT RECORD )>2 z; =< ,~ .....,,/ ,~ ~:,~ "' ~ ~ '" DONALD L. WEARY, Defendant .!~ ''D (,.) f'v ,,--, " ''-::-1 .'1> SJ -< To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: via certified mail, restricted delivery mailed on November 30, 2000 and signed for as received by Donald Weary on December 4, 2000. 3. Date of execution of the Plaintiffs affidavit of consent required by Section 3301 (c) of the Divorce Code; August 10, 2001; by the Defendant; August 3, 2001. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice III g3301(c) Divorce was filed with the Prothonotary: August 13, 2001; Date Defendant' s Waiver of Notice in g330 1 (c) Divorce was filed with the Prothonotary: August 6, 2001. Date: August 14,2001 LAW OFFICE OF MICHAEL J. HANFT By-Je:g2JJk Attorney J.D. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorneys for Plaintiff F:\User Folder\Finn D(lcs\Gendocs2001\2289-1praecipe.transmit.wpd iIi~~~;;;N~iill'.b,,~~< ~'I:lli.1%~*~Ii_~i,"j)i",W,t\'J.;J:1j;i'W'8"ti~''':1'';'~''''8.~~M~&::';.'"i",i!i.~"'''~:~;''J."""'''''i>o"~,k,",,,,,__,,,,>#,~J,",,",~'~r,,,,,,~~Ij,~.itliljIUj!~~""""'" "lii' -,,,, " " i I' () .-.,> C $: """ -0 [Ji c: rn n , C1) , :z Zi' cj 65 i~_~ .- Cl ~b .",) ~ )>on :x (~~5 /C' )> ,.J :..-.J ,-n C -I :;:::: :.,.) ~~ =< :5J f'" -< ",.",. ,M _ ",.~"".,,,_,,_'~~~_'~.",, ."~^e'_= _"~_,~ ,L.__"", -,,~ ~, _<", -,,,, ,', "-.".- ,""~.. '7 ". - . .~.. -", - ,.TI , ~ ,- I ,,"-l .'. +" """"""""'iI;J.:~ LISA D. WEARY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 2000 - 835Y CIVIL TERM DONALD L. WEARY, 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. 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 TillS 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. Court Administrator - Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone (717) 240-6200 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. James 1. Kayer, Esquire Attorney for Plaintiff 4 East Liberty Avenue Carlisle, P A 17013 (717) 243-7922 "'-~~ . ,~ I=J LISA D. WEARY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 2000 - f355 CIVIL TERM DONALDL. WEARY, Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) and 3301(d) OF THE DIVORCE CODE COMES NOW, Plaintiff Lisa D. Weary, through her attorney, James J. Kayer, Esquire and avers as follows: COUNT I - DIVORCE I. Plaintiff is Lisa D. Weary, an adult individual, whose current address is 399 N. Walnut Street, Mt. Holly, Cumberland County, Permsylvania, 17065. 2. Defendant is Donald L. Weary, an adult individual, whose current address is 399 N. Walnut Street, Mt. Holly, Cumberland County, Permsylvania, 17065. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 23, 1992 in Newville, Cumberland County, Permsylvania. 5. There have been no prior actions of divorce filed in this matter. 6. Plaintiff and Defendant are not members ofthe United States Armed Forces. 7. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) and Section 3301(d) of the Divorce Code. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. ..... Date: I ~ --'- , uii 'i1 ~~;;i WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Respectfully submitted, -' . -"'I"""".~J' VERIFICATION OF PLEADINGS The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my COlillsel and not my own. I have read the statements made in this document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counsel in making this Verification. I tmderstand that false statements herein are made subject to the penalties of 18 P A. C.S. S 4904, relating to unsworn falsification to authorities. Date: )y. It . :J-tt1)6 , / 0V~~' IV~R1- .., " W" I, · ',"1", "or" ,', ,2, for_ _. I alSo wfsh to reeeJve1he -8; ........'4b. IOPowIng eervli::eS (for an I ",-and aaa-i'e88 on Ihe reverse otlhlB tonn so that we can return this extra fee): .J-" '"), ~Uio, "" '" tho front 01 tho moIlploco, or on tho bock, ,,", opeco do.. not 1. g:~~dress t '!I! JliI'!Rillum RBllOIpt RBl/uostod'on the moIlp1oco bslowl/1. IrticJo numblr. 2. . ' Cled Dl>Ilvary ill ti oThoAotum R...lptwllllhowtowhomthoartlcloW08d8JIV\l~andthed8lo ,a Ii d811vorod. , Consult posbnas\8r fOr fee. - 13. Article AcIc:lreseed to: 48. Arllele Number S 'iR~~ ~~ype'-tld 'ill j )-\.""'- ~" 1\ 0 Registered ~ed "N\-\,-tO\\y ....,~ll\'1..~("\'1I<: 0 ExpressMell 0 Insured t . notoS ~ecelptforMerchandlse 0 COO " l5 7. 0 very ~ g. ... i f= . j1 ~ .................. !.' L" , . .. . , ~ , LISA D. WEARY, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000 - 8355 CIVIL TERM DONALD 1. WEARY, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO Pa. R.C.P.1920.4(a)(1)(ii) COMMONWEALTH OF PENN8YL VANIA : S8. COUNTY OF CUMBERLAND I, James J. Kayer, Esquire, being duly sworn according to law, deposes and says that he is the attorney for plaintiff, LISA D. WEARY, and that he did serve a true and correct copy ofthe Notice to Defend and Claim Rights and Complaint in Divorce that was filed in the above matter, by U.S. Mail, postage prepaid, certified with restricted delivery, return receipt requested, and by regular U.S. Mail, unto the Defendant, DONALD L. WEARY on December 4, 2000. The certified with restricted delivery was returned marked unclaimed, whereas the regular U.S. Mail was not returned. NOTARIAL SEAL Vickie J. Group, Notary Public Borough of Carlisle, County of Cumbertand My Commission Expires Aug. 3D, 2004 , -~ ,I liiI.-_ili"!;,,: LISA D. WEARY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO. 2000 - 8355 CIVIL TERM DONALD 1. WEARY, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 1\ 3301(c) 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 ofthe decree will be sent to me immediately after it is filed with the Prothonotary. AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 30, 2000 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice ofintention to request entry of the decree. 4. 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. I verify that the statements made in this Waiver and Affidavit 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 falsification to authorities. DATE: BI/D~ ,2001 i gih/-A. LISA . WEARY (dUUtf_ liilf '':'-i4~i~@jj,_;litliil(_Uf lb.~~Wif):i'i<i~-!,b",,~.,,-Q'''''<' '4\V!'t\'~!i:.2l~:li~li~jlill j ,,', < """-_t,j 1_ "~ I ""~_~" ,=, la1i1ili;r1l'''"''''"''<f~ -- ~~... .-,~ . -,,-0 q""'_~~_~ J' Ii, ~-E ;i it jj ,1 J :., M I' ~:' Jl 11 j ij II; , , g 0 0 -n -7 ",. .-1 :0- ~t1 -00:) c:: .llp nlfl} G"> Z::L - . '.,] r11 '''lCI ZC;;~ G) :';~f!) ~'~~. -.":.-f, ~L) --0 - '--" ~ (j"""; >0 -'- ..:;,0 Zo r:-? ("'")m J?"C ~ ~ :=- ~ ....I =< ''',--'~ -~, ~.""--,;,, hoe.__,. - ,'_,1,_ .J -'. ',_;:"lc",;~'. "_~'C_",",,""'. -,,,,'oF'"" _.',~ '__",,< '_ :'j-'.;/<:j;-"--i_;,i:~:,\",,~,,;, "; -J, , LISA D. WEARY, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-8355 CIVIL TERM DONALD L. WEARY, Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF MARRIAGE COUNSELLING 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 30, 2000. 2. The marriage of the plaintiff and defendant is irretrievably broken and ninety 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court. I verify that the statements made in this Affidqvit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE: Sl/3 ' 2001 Sworn to and subscribed before me . ~ fit! t/~~~s :Y:-" ~Y~f Au~ust, 200l. / ~.~....'j'P' ~.,r, . . , "_"__"_'~ ....: t '-./- /" ~---- " \ " NOTAlUL8IAL IOIiIIII L. ClOVLI,IlDTAIIV I>UIUC 10110 01' CAlILlSI.I, CUIIIIRI.ANII COUNTY MVCOMMI~ON~ES~EA172002 ,j-'~~ ,', ,.", ".. ";,;..;L.~ !:;.: ':'~^.:.;"~k~Mit';;\~' ;'::\ "'i.;;'';;-''.,.''" _~. _",~_.rA _,,~. ~~iwlii~ ;;" ,;~,".SM>...-.u""_",,;r';&,","'i'~~;;;;"V<'''-'' __.'~."^,~ """""",,,,'_~., :J'lO'_L. "'~,, '- " '.< .~ <""--" '.",,-~,"~"",> fe' ,~. ~ :l; t: '" ~; { i, " " ~ t1 i ~! e 0 0 -n ~ "" ". -00; ,- mrn G5 Z::J:' I ~7H ZC ~2:: 0'> '3~ yO -0 -;; ~ Z0 -=0 Cf! ,~--.,rn J>C ,-' -" ~ 0 S5 l::> -<. ","__ -'t. , .';'-<_ _ '" ,v,_""~.<__"~,, ,~__. . .""" "~,", ,-c. _~, ,0 ,__' ~~___ ',_ _'~' ^ '''''''C''^'''_'''"_~''_~~''''m'''~!'l.~.~,"' ,,'",'-:'-'1, ., ,-~-, ;~" , b='-' jw.',,, J;~." ~-- h ,:~-~: , ;,~ i~',h. ~."-.;-,,,,'~ , ;'''; ._,':_' __"n';:,_'_:"-'_':' i:-i :~," . - ; ,0-, ,~.<,-,-,,;;<'; '" .',-" . . LISA D. WEARY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2000-8355 CIVIL TERM DONALD L. WEARY, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date, (';to :\J.dcnl Donald I';li",. '~,'-~ ,{';. " :'~j~il ,-l~- ~\-~A~:;:'~'j/6''''-.i-O-''- '"~,"," '", ::-'~l~~~- -~~ :,;,,,.'<t ".,~~.k,,'0;:-' ,Y '-;""'\1" ,'-- -~:~-~"," ~ "~.. -''"~_. - -",-~ ,"'W'" ~",. ',,' ';""" - .. j,1 pi III ~~ ii, 11 lr if i I 'I !i :t " l[ , 'f , '/ I . 0 0 0 c " ~ """ s. ;=Ra: c::: rr1 C7> '-= 2:c I ~7? 2C- Q).,f;: 01 ~-,: ,:~I~ s:0 -u ~o 3: >8 ~ :Sfn "-~ ~ 0 ~ 0 -< _.w, ____.~'"_ '. -""""""""", '" - ~ -~~ ~ - I" ~ _I .~, , ; . ..J._...." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA D. WEARY, Plaintiff v. CNIL ACTION - LAW NO. 2000-8355 CNIL TERM DONALD L. WEARY, Defendant IN DNORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE To Prothonotary: Please withdraw my appearance on behalf of the Plaintiff, LISA D. WEARY, in the above- captioned matter. Date: /;lz./llol PRAECIPE FOR ENTRY OF APPEARANCE To Prothonotary: Please enter my appearance on behalf of the Plaintiff, LISA D. WEARY, in the above- captioned matter. Date: 1/ '2-/0 I LAW OFFICE OF MICHAEL J. HANFT Mi~ifj!Z Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 F:\Us... 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