HomeMy WebLinkAbout01-0305
/
'"
ff."';F.";:F. :Ii
"'''' "'ill'"
'" '" "''''it;
,
,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
RICHARD B. PURSELL,
PLAINTIFF
No.
#2001-305
CIVIL
TERM
,
,
VERSUS
NANCY C. PURSELL,
,
DEFENDANT
,
,
,
DECREE IN
DIVORCE
NOW'~
RICHARD B. PURSELL
'1
."Yr\!
,vc...J(J ,IT IS ORDERED AND
,
AND
,
DECREED THAT
, PLAINTIFF,
,
NANCY C. PURSELL
AND
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECO!te/}!J:i T!:!.!.I;S ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; ~
A PRO~ERTY SETTLEMENT AGREEMENT IS ATTACHED AND MADE A ~ART HEREOF FOR
,
,
PURPOSES OF ENFORCEMENT.
,
,'''F.:Ii'''''' "':Ii "''''
PROTHONOTARY
"''''''' '" "''''''';Ii :F."':F.
:F."':F. "'''' "''''
,
,
'" '" :of. ",'Ii
"'ff."'~'If.
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
"
J.
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
.
"c _~ ~ ~ r '
" ,,^ --, .,"-,,,,,,~-,,
~
~I? l ~ ~IL,
rCl~?- ~;p-~ ')21;
"
. .
~, ':
~ '.
'-', ,-" ,< ,~
~,
'~~I"J",b!!II ,'_~~ ',' ,,""'_~"",_",_?I'Ill~,"",,_ ~ ~,', ""
-, "~,'.' . --, .-"
cr?- b" /;
Cr?' ,fr /;
--mr,' InW"
,
,;:!!jBll!~ ,,~ ",'
.
. .
..."',~
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT, dated the ~ of }......"
between Richard B. Pursell, residing at 17 Oak Ridge Road, Carlisle, PA 17013,
, 2002, by and
Cumberland County, Pennsylvania, Social Security Number 181-42-7548,
hereinafter called the "Husband", and Nancy C. Pursell, residing at 7 Truffle
Glen Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, Social
Security Number 181-38-9266, hereinafter called the "Wife", who agree as
follows: .
WIT N E SSE T H
WHEREAS, the parties are Husband and wife, having been married on May
26, 1978, ,in Mechan~csburg/ Cumberland County, Pennsylvania.
The parties
separated January 20, 2001.
'7:(
WHEREAS, there have been issue of the marriage, to wit: Jeffrey Pursell,
born September 11, 1980 and Kristin Pursell, born December 11, 1982,
hereinafter referred to as the Children.
WHEREAS, diverse unhappy, and irreconcilable 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 by specification: the settling of all matters
between them relating to the ownership and equitable distribution of real and
personal property; the settling of all matters between them relating to the
past, present and future support, alimony and/or maintenance of Wife by
Husband or pf Husband by Wife; the settling of all matters between them
relating to the past, present and future support and or maintenance of the
Children, the implementation of custody/visitation arrangements for the minor
Children of the parties; and in general, the settling of any and all claims
and possible claims by one against the other or against their respective
estates.
1
,D_",,,',", ".',"
1 ~
.
. .
.
NOW THEREFORE, in consideration of the promises 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:
1. 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 if 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 hereto of
any act or acts on the part of the other party which have occasioned the
disputes or unhappy differences which have occurred prior to or which may
occur subsequent to the date hereof. The parties intend to secure a mutual
consent, no-fault divorce pursuant to the terms of Section 3301@ of the
Divorce Code of 1980 as amended from time to time.
2. EFFECT OF DECREE, NO MERGER
It is specifically agreed, however, that a copy of this Agreement may be
incorporated, by reference, into a divorce judgment or decree. This
incorporation, however, shall not be regarded as a merger, it being the
intent of the parties to permit this Agreement to survive any such judgment,
unless otherwise specifically provided herein, and for this Agreement to
continue in full force and effect after such time as a final decree in
divorce may be entered with respect to the parties. The parties agree that
the terms of this Agreement shall be incorporated into any divorce decree
which may be entered with respect to them for purposes of enforcement only of
any provisions therein, but shall survive such decree.
That is, 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. Except with regard to child support and child
custody, no court may change the terms of this agreement, and it shall be
2
.
.
binding and conclusive upon the parties. In the event of a reconciliation,
attempted reconciliation, or other cohabitation 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 both parties expressly
stating that this agreement has been revoked or modified.
3. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully
explained to the parties by their respective counsel, Ruby D. Weeks, Esquire,
for' Husband, and first Ed weintraub, Esquire, and now Debra Denison Cantor,
Esquire. The parties acknowledge that they have received independent legal
advice from counsel of their selection and that they fully understand the
facts and have been fully informed as to their legal rights and obligations
and they acknowledge and accept that this Agreement is, in the circumstances,
fair and equitable and that it is being entered into freely and voluntarily,
after having received such advice and with such knowledge and that execution
of this Agreement is not the result of any duress or undue influence and that
it is not the result of any collusion or improper or illegal agreement or
agreements.
4. DISTRIBUTION DATE
The transfer of property, funds and/or documents provided for herein
shall take place simultaneously with the execution of this Agreement.
5. FINANCIAL DISCLOSURE
The parties confirm that each has relied on the substantial accuracy of
the financial disclosure of the other as an inducement to the execution of
this Agreement, and that Husband does not wish to exercise his right to have
appraisals by experts as to the value of the various interests of Wife. He
understands that such appraisals would be necessary to fix the fair market
value of these interests for purposes of equitable distribution.
3
""';:-,,',~;,.'~'" ,
,,'
- '" ~, ',N',,: " ,
~, :,'
,
.
6 . WARRANTY OF DISCLOSURE
The parties warrant and represent that they have made a full disclosure
of all assets and their valuation prior to the execution of this Agreement.
This disclosure was in the form of an information exchange of information by
the parties' attorneys and this Agreement between the parties is based upon
this disclosure.
7 . OBTAINING INFORMATION ON FINANCES
Each party acknowledges that they have been informed they may have the
., ,', ,~,. ,]t,. _
right, as provided by statute and Pennsylvania Rules ot Civil Procedure, to
obtain information regarding the parties' finances. Such information would
include, without limitation, their present and past income; and the identity
and value of assets both presently owned and transferred previously. Such
information may be obtained by one or more of several methods including
depositions upon oral examination, written interrogatories, production of
documents or entry upon property for inspection. T~e parties agree to waive
any further discovery.
8. PERSONAL RIGHTS
wife and Husband may and shall, at all times hereafter, live separate
and apart. They shall be free from any control, restraint, interference or
authority, direct or indirect, by the other in all respects as fully as if
they were~nmarried. They may reside at such place,or places,a~,they may
select. Each may, for his or her separate use or benefit, conduct, carryon
and engage in any business, occupation! profession or employment which to him
or her may seem advisable. However, each party shall make best efforts to
maintain employment with comparable benefits and salary as they now hold or
for which they are in training.
9 . MUTUAL RELEASES
Husband and Wife each do hereby mutually remise, release, quitclaim and
forever discharge the other and the estate of such other, for all time to
come, and for all purposes whatsoever, of and from any and all rights, title
and interest, or claims in or against the property (including income and gain
4
~ ,'"' .',
"
from property hereafter accruing) of the other or against the estate of such
other, of whatever nature and wheresoever situate, which he or she now has or
at any time hereafter may have against such other, the estate of such other
or any part thereof, whether arising out of any former acts, contracts,
engagements or liabilities of such other or by way of dower or curtesy, or
claims in the nature of dower or curtesy or widow's or widower's rights,
family exemption or similar allowance, or under the intestate laws, or the
right to take against the spouse's Will; or the right to treat a lifetime
conveyance by the other as testamentary, or all other rights of a surviving
spouse to participate in a deceased spouse's estate, whether arising under the
laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the
United States, or @ any other country, or any rights which either party may
have or at any time hereafter have for past, present or future support or
maintenance, alimony, alimony pe~dente lite, counsel fees, equitable
distribution, costs or expenses, whether arising as a result of the marital
relation or otherwise, except, and only except, all rights and agreements and
obligations of whatsoever nature arising or which may arise under this
Agreement or for the breach of any thereof. It is the intention of Husband
and Wife to give to each other by the execution of this Agreement a full,
complete and general release with respect to any and all property of any kind
or nature, real, personal or mixed, which the other now owns or may hereafter
acquire, except and only except all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement O! f9~ the
breach of any thereof.
10. EOUITABLE DISTRIBUTION OF PROPERTY
It is specifically understood and agreed that this Agreement constitutes
an equitable distribution of property, both real and personal, which was
legally and beneficially acquired by Husband and Wife or either of them
during the marriage, as contemplated by The Act of April 2, 19BO (P.L. 63,
No. 26) known as "The Divorce Code," 23 P.S. 3101 et. seq. of the
Commonwealth of Pennsylvania.
5
;,-~
., ,,"',__~,H"
~, ,
..
",' I~"-
...:-.:~~~
,
And further, that the parties have attempted to divide their marital
property in a manner which conforms to the criteria set forth in 3502 of the
Pennsylvania Divorce Code, and taking into account the following
considerations: the length of the marriage, the prior marriages of the
parties; the age, health, station, amount and sources of income, vocational
skills, employabil~ty, estate, liabilities and needs of each of the parties;
the contribution of one party to the education, training, or increased
earning power of the other party; the opportunity of each party for future
acquisition of cap~tal assets and income; the sources of income of both
parties, including but not limited to medical, retirement, insurance or other
benefits; the contribution or dissipation of each party in the acquisition,
preservation, depreciation, or appreciation of marital property, including
the contribution of a party as a homemaker; the value of the property set
apart to each party; the standard of living of the parties established during
the marriage; and ~he ecoriomic circumstances of eac~ party at the time the
division of proper~y is to become effective.
11. Real PrODertv;
A. The parties ~ecognize that they own as tenants by the entirety real
property known as 7 Truffle Glen Road, Mechanicsburg, Cumberland County,
Pennsylvania, 17050. For the mutual promises and covenants contained in
this Agreement, Husband agrees to convey to Wife all right, title,
claim, or in~erest he may have by equitable distribution or otherwise in
and ,to this property. This conveyance" shall take place concurrently
with the execution of this Agreement. It is recognized that this
conveyance i@ not subject to an exis~ing first mortgage.
B. Wife waives any right or interest of any kind which she might have with
regard to separate property purchased by Husband in January 2001 located
at 17 Oak Ridge Road, Carlisle, Pennsylvania. Husband utilized martial
savings for purchase of property located at 17 Old Forge road, Carlisle.
Nonetheless, Wife hereby waives any right, title and interest she may
have in this property.
6
, ~ ., , ,_Y,
~, ,"- ,
~ ^
'1
C. Wife also waives any right or interest in the one-half ownership of
husband's separate property located at Lot number 2, parcel number 06-
011-014, willow Mill Road, Silver Springs Township, Cumberland County,
Pennsylvania, which consists of forty (40) acres owned jointly with Rod
Rumberger.
12. Documents To Be Furnished:
Husband agrees to provide Wife upon execution of this Agreement the
original records, bills, receipts and other documents concerning the purchase
of and improvements to the marital residence, warranty documents, bills,
receipts; and other records involving purchase, of major appliances, heating
and/or air conditioning system, vehicles or other property being transferred
to Wife.
Both Husband and Wife agree to provide eachbther'with'information as to
policy numbers, company names and addresses, and proof of beneficiary
designations of any and all life insurance policies mentioned in this
Agreement. Additionally, Husband agrees to provide Wife with copies of any
and all joint tax returns filed by the parties.
13. Distribution of Personal PrODertv:
Husband and Wife do hereby acknowledge that they have previously
divided their tangible personal property including, but without limitation,
jewelry, clothes, furnitur~1 furnishings, rugs, carpets, household equipment
and appliances, pictures, books, works of art and other personal property,
with wife receiving the furnishings and contents of the marital residence.
Hereafter, 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 whatever claims, if any, he or she may have with respect
7
!';<-
", ,,-,<
,~ ,~ "
"
to the above items which shall become the sole and separate property of the
other. This Agreement shall have the effect of an assignment or bill of sale
from each party to the other for such property as may be in the individual
possessions of each of the parties hereto.
14. General:
(1) Husband hereby waives all interest in Wife's property including but
not limited to all accounts, Wife's Member's First account number 16872,
certificates of deposit and securities, Wife's two Member First accounts.
Wife shall receive One Hundred Twenty Seven Thousand One Hundred and Twenty
Seven Dollars and Thirteen Cents ($127,127.13) of Husband's Legg Mason, IRA
held in Premier Mutual Funds account number 360-96028 by a qualified domestic
relations order.
(2) Wife hereby waives all interest in Husband's property including
but not limited to all accounts, Husband's Member's First Savings Account
number 29113-0, certificates of deposit, and securities and stocks, his York
Tri-R partnership interest, his future and unexercised stock options and his
deferred compensation plan, his Member's First IRA #29113, and his Legg Mason
401 (k). Wife waives any interest in the remaining balance of Husband's Legg
Mason IRA.
15. Motor Vehicles:
With respect to the motor vehicles owned by one or both of the parties,
they agree as follows:
(a) The 1999 Mercedes titled to Husband, the 1966 Mustang and the 1969
Cougar titled to the husband , shall become and remain the sole and exclusive
property of the husband. They are not security for any loans.
(b) The 2000 Blazer and the 1995 BMW, titled to Wife, shall become and
remain the sole and exclusive property of the wife. They are not security for
any loans. The 1995 BMW has since been sold by the Wife who retained all
profits.
8
,"' +,~,c~",r.~.,~
"
,
.~, r ." .
1"
,"
16. AFTER-ACQUIRED PERSONAL PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any
claim or right of the other, all items of personal property, tangible and
intangible, subsequently acquired by the other party.
17. DEBTS:
A. Marital Debts:
Husband and Wife agree that there are no debts incurred by Husband and
wife during the marriage to various charge accounts or other outstanding
loans which are unpaid. To the extent there are any, these shall be
assumed by Husband for the existing balance at the time of separation,
and Husband agrees to hold Wife harmless of same.
B. Wife's Separate Personal Debt
Wife is responsible for payment of the following of her separate
personal debt and she agrees to hold Husband harmless of same.
1) Bank 1 Visa
2) Providian Visa
3) Boscovs
4) Any other personal debt accumulated in her own name
18. SUBSEQUENT PERSONAL DEBTS:
Husband and Wife agree from time of the signing of this Agreement that
each party shall be responsible for their own debts and hold each other
harmless from same.
19. FUTURE DEBTS:
Husband and Wife hereby mutually agree that subsequent to the execution
of this Agreement neither party s~all incur any 'debts which will
obligate the other to make payment for same. Husband and Wife hereby
acknowledge that there are no outstanding bills or other indebtedness
which have been incurred by either for the liability of the other, and
both parties hereby covenant and agree that neither shall have any
financial obligation to pay any financial obligations which are solely
the financial obligation of the other and which have been contracted by
9
-,~ ^,-.'" ~ ",~.
,'- I'~
",
. ," ~-r
either party solely for their own benefit and without the knowledge or
consent of the other party. Husband and Wife further agree that they
will indemn~fy the other from any and all claims or demands made against
the other by reason of any debts or obligations contracted in violation
of this Agreement.
20. WARRANTY AS TO EXISTING OBLIGATIONS:
Each party represents that they have not heretofore incurred or
contracted for any debt or liability or obligation for which the estate of
the ether party may be responsible or liable except as may be provided for in
this Agreement. Each party agrees to indemnify or hold the other party
harmless from and against any and all such debts, liabilities or obligations
of every kind which may have heretofore been incurred by them, including
those for necessities, except for the obligations arising out of this
Agreement.
21. WARRANTY AS TO FUTURE OBLIGATIONS:
Wife and Husband each covenant, warrant, represent and agree that each
will now and at all times hereafter save harmless and keep the other
indemnified from all debts, charges and liabilities incurred by the other
after the execution date of this Agreement, except as may be otherwise
specifically provided for by the terms of this Agreement and that neither of
them shall hereafter incur any liability whatsoever for which the estate of
the other may be liable.
22. ASSUMPTION OF LIABILITIES.
This provision sets forth the method for the payment and assumption of
the debts and liabilities of the parties. Since the assumption is not binding
on the creditor, the party assuming the debt agrees to indemnify the other
party in the event the creditor seeks to hold such other party liable. should
the parties wish to bind the creditor and relieve the original debts from all
liability, a novation should be executed.
10
~
23. HIGHER EDUCATION. POST HIGH SCHOOL VOCATIONAL EXPENSES OF THE CHILD
Husband agrees to be responsible for the reasonable cost of undergraduate
college education or post high school vocational training for the Children,
including but not limited to the following: tuition and cost of room and
board. Husband's obligation pursuant to this Paragraph is conditioned upon
his being consulted with respect to the choice of educational institutions and
his approval thereof obtained, provided, however, that Husband's apProval
shall not be unreasonably withheld providing that the Child has made a
reasonable effort to obtain scholarship and other financial aid which shall
first be deducted from the total cost of undergraduate college education.
Husband does agree that the obligations imposed herein shall take precedence
over any college expenses and costs for any future adopted or step-children of
Husband. Husband shall be entitled each year to any federal tax deduction for
a child for whom he makes such payments.
24. RETIREMENT FUNDS
A. (1) The Husband, who has been employed by Legg Mason Wood Walker,
Carlisle, Pennsylvania, has accumulated benefits in his 401k
account and his personal IRA. It is agreed by the parties that
the Wife shall waive any interest she may have in any of the
benefits, including retirement, which the Husband may have as a
result of his employment.
(2) However, Husband agrees to transfer One Hundred Twenty Seven
Thousand One Hundred and Twenty Seven Dollars and Thirteen Cents
($127,127.13) of his Legg Mason IRA account to Wife who shall bear
any tax consequences as a result of her doing anything with these
funds other than rolling them over by a timely non-taxable
transfer into a similar IRA account for Wife by a Qualified
Domestic Relations Order as per Paragraph 14 supra.
(3) Husband agrees to provide Wife with all information necessary
to effectuate the rollover of the Legg Mason IRA funds to wife.
11
-~:
-., '
'r' .
" '
,"
If the rollover is delayed more than 90 days from the date of
execution of this agreement due to Husband's failure to cooperate
or undue delay, Husband shall pay to wife interest on the rollover
amount of 10% per annum.
B. The Wife, who was employed at the Naval Depot, Mechanicsburg,
Pennsylvania, also had retirement benefits there, but no longer does.
She has a Members First personal IRA. It is agreed by the parties that
the Husband shall waive any interest he may have in any of the
benefits, including retirement, which the Wife may have as a result of
her previous employment.
25. INCOME TAX
Wife and Husband filed jointly during their marriage and for the year 2000 as
to state and federal taxes and have divided equally any refunds due. In 2001
and thereafter each party shall be responsible for filing and payment of
his/her own taxes.
In the event the IRS performs an audit for any tax year in which the
parties filed jointly and assesses any penalties or additional taxes, the
person to whom responsible for the under reporting or error shall bear
responsibility for paying such penalties and/or additional taxes.
26. LIFE INSURANCE
A. Both parties shall continue to maintain all current life insurance
policies on their lives, even in the event their employment changes,
naming the Children solely as irrevocable beneficiaries of such
policies until such time as each Child reaches the age of twenty-one
(21). They shall each provide a written list to the other setting forth
the insurance company(s), policy number(s), and principal amount(s) of
such insurance as provided above with proof of beneficiary. They also
agree not to borrow against or assign said policies without prior
written consent of the other party. Both Parties agree to make payment
of premiums on the policies on their individual lives so as to continue
said coverage as long as each Child is owed a duty of support.
12
{' .~
~ " !'
,'<""
> .
B. Husband shall maintain his term life insurance policy with First
Colony Life Insurance Company (policy number 2,240,886) in the initial
amount of $800,000.00 naming Wife as irrevocable beneficiary, to secure
Husband's obligations as to alimony. This policy shall expire in 2016.
Husband agrees to make every effort to extend this policy until 2017
when wife reaches age 62. Wife shall be given proof on an annual basis
of the maintenance of this policy effective July 1, 2002 and annually
thereafter.
27. ALIMONY
The Husband will pay to the Wife the sum of $60,000.00 per year payable
monthly at $5,000.00 from date of Decree until the Wife's sixty-second (62nd)
birthday, effective upon the entry of the Decree. Such payment shall be
deemed alimony. The parties intend this payment to be non-taxable to Wife and
non-deductible to the Husband. Each such payment shall be due and owing on
the first day of each successive month. Each such payment shall be due and
owing on the first day of each successive month and shall be placed in First
Class mail to arrive on or before the first. In the event that the,Husband is
late for two consecutive payments, Wife shall have the option to transfer this
matter to Cumberland county domestic Relations Office for administration and
enforcement via a wage ,attachment. Upon the death, cohabitation or remarriage
of the Wife, the obligation to pay alimony shall terminate . Alimony shall be
non-taxable to the wife.
It is Husband's and Wife's express and irrevocable intention that the
payments of alimony as set forth in this paragraph are non-modifiable as to
either amount, duration, or taxability by the Pennsylvania courts or any court
of competent jurisdiction.
Although this agreement shall be incorporated into the Decree of
Divorce, and the alimony payments may be entered as an Agreed Order with the
Domestic Relations Section of the Court, the parties expressly intend that
this shall not be deemed to be a merger. Husband and Wife expressly intend
that Husband's obligation to pay the sums set forth above and Wife's right to
receive those sums are not only contractual in nature but are also enforceable
13
'".
, " 0' ,'," ~~ ^, ,,~
'""'" +,
!'
, .
by this Court pursuant to ~503 of the Divorce Code and enforceable by any
other Court of competent jurisdiction.
Husband and Wife further acknowledge that they have been advised of the
language contained in 5501(e) of the Divorce Code, and it is their specific
intention, request and directive that ~501(e) not govern nor be applied to the
terms of this agreement.
Husband and Wife agree and acknowledge that neither shall file actions
in this Court or any other Court to either increase or decrease the amount or
term of alimony or in any way alter the provisions for payment of alimony as
set forth in this agreement. In the event that either Husband or Wife should
institute an action to modify the alimony provisions of this agreement, it is
agreed that the party petitioning the Court shall indemnify the non-
petitioning party to the extent of the increase or decrease obtained. The
parties further agree that the petitioning party shall promptly pay the non-
petitioning party's attorney's fees, Court costs an~ expenses in defending the
action. Husband and Wife agree that this indemnification shall inure to the
estate, heirs, and assigns of the petitioning party.
28. DIVORCE
Husband and Wife agree that Husband has filed a Complaint in divorce
seeking a divorce on the basis of mutual consent. Husband and Wife both agree
that both parties will execute concurrently with this agreement the required
Affidavits of Consent to be filed with the Court to allow the Court to grant a
divorce on the basis of mutual consent.
AND the parties hereto state and agree that this Agreement shall not in
any way be construed as a collusive agreement.
29. ATTORNEY FEES, COSTS & EXPENSES
The parties agree to waive receipt of and to be responsible for their
own attorney fees, costs and expenses in connection with the, negotiation and
preparation of this Agreement and the granting of a divorce decree.
14
'1!.,,:,"
.
.
30. BREACH OF AGREEMENT
If either party fails in the due performance of obligations under this
Agreement at their election, the non-breaching party shall have the right to
sue for damages for breac~,of this Agreement or to rescind same arid seek such
legal remedies as may be available to them. The breaching party will be
responsible for actual legal fees and costs incurred by the non-breaching
party necessary to the enforcement of this Agreement.
31. LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania which are in effect as of the date of execution
of this Agreement.
32. 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.
33. RECONCILIATION
In the event the parties reconcile at a later date, this agreement shall
remain in full force and effect unless subsequently modified by agreement of
the parties.
34. SEVERABILITY
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 of the satisfaction of the conditions precedent,
shall in no way avoid or alter the remaining obligations of the parties.
35. 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.
15
O',k"'F,"-'lf'
~ "
.
.
36. 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 hereof
be construed as a waiver of any subsequent default of the same or similar
nature, nor shall it be construed as a waiver of any subsequent default of
the same or similar nature, nor shall it be construed as a waiver of strict
performance of any other obligations herein.
37. 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 of any breach
hereof or default hereunder shall be deemed a waiver of any subsequent
default of the same or similar nature.
38. SUBSEOUENT DIVORCE
Husband has filed a Complaint in Divorce against Wife. Husband and Wife
each agree to sign an Affidavit of Consent and an Affidavit waiving counseling
to be filed in said divorce action. In the event such divorce action is
.co!l,cl),lq,ed",wife shall be entitled to receive a copy of the Decree in Divorce
for the normal fee charged by the Prothonotary and shall not be assessed any
costs of the proceeding, except as previously agreed to herein in Paragraph
29. In the event such divorce action is concluded, the parties shall be bound
by all the terms of this Agreement, which shall not be incorporated by
reference into the Divorce Decree, and this Agreement shall not be merged in
such Decree, but shall in all respects survive the same and be forever binding
and conclusive upon the parties.
39 . MUTUAL COOPERATION
Each party shall, at any time and from time to time hereafter, take any
and all steps and execute, acknowledge and deliver to the other party any and
all further instruments and/or documents that the other party may reasonably
require for the purpose of giving full force and effect to the provisions of
this Agreement.
16
,,~
-, ",
:~
r_
. ,
. "
40. 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.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
the day and year first above written.
R~~\.<.9-~~
Witness \
~/(
.
17
."" ,"
,,~
.',
CT ,~" ,',
""
.
~ COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
On this, the Lf'" day of (\un~ ,200~, before me, a Notary
Public, the undersigned officer,~rsonally appeared Richard B. Pursell, known
to me to be the person whose name is subscribed to the within Property
Settlement Agreement, and acknowledged that he executed the same for the
purposes therein contained. 0.,. A .
UL-uLQ.. . '11l~Lcn-J
lle(JfA!l!l\Q. mtl!.
@fM!.A.~. ~i'l""'l<
~!l!l..,~~
Mj1 t:'k "..!;h<i< ~ Jy"" ~, :!OOi1
- -- -.--.-...JJ
Notary Public
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
On this, the .I3thday of ~ ' 200J., before me, a Notary
Public, the undersigned officer, personally appeared Nancy C. pursell, known
to me to be the person whose name is subscribed to the within Property
Settlement Agreement, and acknowledged that she executed the same for the
purposes therein contained.
Notarial Seal P hr
Susanne K. Suther, Notary. U Ie
earn Hill Boro. Cumberland County
My C~mmission Expires Aug. 25, 2005
Member, pennsylvanlaAssOClatiOnotNotarieS
xiLuJOAVflt- f! ~a;;t;/WL
Notary Public
18
,~ "
~
;
RICHARD B. PURSELL,
Plaintiff
VB.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTy, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NANCY C. PURSELL,
Defendant
NO.2001-30S
CIVIL TERM 2001
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 Section 3301(c)
2. Date and manner of service of the complaint: mailed certified mail, restricted delivery
no. 7033 34000018 5048 7874 on January 162001, service was accepted on January 18,
2001
3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce
Code: by the plaintiff August 27. 2002; by the defendant August 27. 2002
4. Related claims pending: NONE - Property Settlement Agreement Entered into on June
13, 2002
5. Date plaintiff's Waiver of Notice in ~ 3301 (c) Divorce was filed with the prothonotary:
August 27.2002.
Date defendant's Waiver of Notice in ~ 3301(c) Divorce was filed with the
prothonotary: August 2X, 2002
Date: August 28, 2002
, 1
1:-
,'",~ ,,"" R"~~, .
L~ ,""'.~,_'
~~~~~.
~
o
c
...
"'Om
men
Zx
Zr:-
(J));:;,
~t~
~
-.....0
:S::c:.:
:Pc
~
'"'
.
o
N
:1:1-
c::
G")
N
t.o
c>
I'
'n
r
,., rr'1
:~~
~~~~
~:'::}
'-
'"0
=<
V
:1:
L-
..
t.,Q
~,.., ,~,
_,~PllT~!I--", "'!I'll~.,.,<,
':"""'7"'0
,
. .
. .
RICHARD B. PURSELL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
IN DIVORCE
NANCY C. PURSELL,
Defendant
# 01 -.3D-S- CIVIL TERM
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 80, 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 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 the Cumberland
County Court House, 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 Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
:
-
,-', r.'. ,- ~ . 'R', , '-'
~^ '
.'C'!'
',",,' ,','
,'r
,
. "
RICHARD B. PURSELL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Defendant
CIVIL ACTION - LAW
IN DIVORCE
# DI- .30/
CIVIL TERM
v.
NANCY C. PURSELL,
AFFIDAVIT OF MARRIAGE COUNSELING
I, Richard B. Pursell, being duly sworn according to law, depose and say:
1. I have been advised of the availability of marriage counseling and
understand that I may request that the Court require that my spouse and I
participate in counseling.
2. I understand that the Court maintains a list of marriage counselors in the
Prothonotary's Office, which list is available to me upon request.
3. Being so advised, I do not request that the Court require that my spouse
and I participate in counseling prior to a divorce decree being handed
down by the Court.
I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities.
Dated:
1\\&\01
~r~l~~d
Sworn and sUbscri~o
bef~e this l~
of JI" ...) Ci-..A.
\:: OM~.(\ V/\~c0
Notary Public
day
, 200\ .
:'''1,
, ,,~,,-,', .
, < .< ~,""
1 ' ".~, ' !'~
"
,
.'
RICHARD B. PURSELL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
IN DIVORCE
NANCY C. PURSELL,
Defendant
/I OI-3(J!,~
CIVIL TERM
COMPLAINT IN DIVORCE
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW COMES, Richard B. Pursell, Plaintiff, by his attorney, Ruby D.
Weeks, Esquire, who avers as follows:
1. Plaintiff, an adult sui juris, is Richard B. Pursell, a U. S. citizen,
who currently resides at 7 ,Truffle Glen Road, Mechanicsburg, Cumberland
County, Pennsylvania 17050, since 1988.
2. Defendant, an adult sui juris, is Nancy C. Pursell, aU. S. citizen, who
currently resides at 7 Truffle Glen Road, Mechanicsburg, Cumberland
County, Pennsylvania 17050, since 1988.
3. Plaintiff and Defendant have been a bona fide resident(s) in the
Commonwealth of Pennsylvania for at least six months immediately previous
to the filing of this Complaint.
4.
The Plaintiff and Defendant were married on May 26,
1978,
at
Mechanicsburg, Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties in this or any other jurisdiction.
6. Neither party is a member of the Armed Forces of the United States.
7. The marriage is irretrievably broken.
8. Plaintiff and Defendant have lived separate and apart since October 26,
2000.
, ,,",~' -~ '" ~""" -, , "
"".' , "'"'l
L,'_~, "
"
,"
9. 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.
10. Plaintiff requests the Court to enter a decree of divorce.
COUNT I - IRRETRIEVABLE BREAKDOWN
3301 (c) of the Divorce Code
11. Paragraphs 1 through 10 are hereby incorporated by reference and made a
part hereof.
12. The marriage is irretrievably broken.
a. Plaintiff and Defendant have lived separate and apart since October
26, 2000.
13. Plaintiff has been advised as to the availability of counseling and that
he may have the right to request that the Court require the parties to
participate in counseling.
14. Plaintiff requests the Court to enter a decree of divorce.
COUNT II - REQUEST FOR DIVISION OF PROPERTY
UNDER SECTION 53502 OF THE DIVORCE CODE
15. Paragraphs 1 through 14 are hereby incorporated by reference and made a
part hereof.
16. The parties purchased or otherwise obtained during the course of their
marriage property which is considered "marital property".
17. Upon entry of a divorce decree, such property should be divided equitably
as is just and proper.
I
,
I
VT~
,
".'C'-'
",'---
C'~"H
,
WHEREFORE, plaintiff prays that a decree in divorce be entered divorcing
plaintiff from the bonds of matrimony between the said plaintiff and defendant.
a. As to Count I, in the alternative, should Defendant execute an
Affidavit consenting to a divorce because the marriage is
irretrievably broken, that a decree in divorce be entered divorcing
Plaintiff from the bonds of matrimony between the said Plaintiff and
Defendant.
b. As to Count II, that this Court determine marital property and order
an equitable distribution thereof.
c Such other additional relief as the Court deems necessary and
appropriate.
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. ~4904, relating to unsworn falsification to authorities.
Date:
\- 1$ -trf
~ ~,~~~a9~
Richard B. Pursell, Plaintiff '
RU~
Attorney for Plaintiff
10 West High Street
Carlisle, PA 17013
(717) 243-1294
"[
" ,
,~,"',
AO
,C1,'""-"','
,,-',
~.
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
The above named, Richard B. Pursell, being duly sworn according to law,
deposes and says that the facts contained in the foregoing Complaint are true and
correct, and the Complaint is not made out of levity or by collusion between her
and the said Defendant for the mere purpose of being freed and separated from
each other, but that it is brought in sincerity and in truth for the cause
mentioned in the said Complaint.
i3~s~l"~~
Sworn and subscr~~d to
bef~e me this ~day
of _!M.Do..LV\_ ,2oQL.
o
OSU.o..O jJ, r1(WOfA)
Notary Public
HOrAIIAI. Sl!AI.
CMOI. A. tM1IfIiI(YiN. NaIaIy PublIc
CaoIlIIe IIalQ, Cumberla"d County
Mr C1lIlI1ll11llan ExpIres June 28: 2003 ,
i"" __, ,'~".'i., ~,_r "'C"':
,'1__'~__ k~ - ,I', y'
'.,
~
'="^"-<"-",
""~"~ '~ ".- ~~,c
-"I
, ,
I
_~,'__"'''''.'''''~,., <:,,"-,^~,"~';' "1 __,'_ ",,"'?''''''-'' "0',- rJ.LjliI
, ~,
Of" ""D ;',' ,r;~ _"'7','" '-,
M';"'-
-' '.,~-,,' '-'. -"'".'-".......-~' .",,,,,. .", ..""-',..~~<~~~~~
~~~~~J~Jl't~~1;'jI~,~.,,~._ry:ti!'jl. ,I
,"-", ,,-,., ".'~l
.!fl!~~".".
,O'YI
, :"~,~\.
i.."
.'
RICHARD B. PURSELL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTy, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
IN DIVORCE
NANCY C. PURSELL,
Defendant
NO.2001-305
CIVIL TERM 2001
AFFIDAVIT OF SERVICE BY MAIL
PURSUANT TO PA R.C.P. 1920.4 (a) (1) (ii)
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
I, RUBY D. WEEKS, ESQUIRE, Attorney for Richard B. Pursell, being duly
(,
sworn according to law, depose and say that a true and correct copy of the
Divorce Complaint, was served on Nancy C. Pursell, at 7 Truffle Glen Road,
Mechanicsburg, cumberland County, Pennsylvania, 17050, by mailing the same to
her by certified mail, restricted delivery, No. 7099 3400 0018 5048 7874, on
January 16, 2001 Service was accepted on January 18, 2001.
~~~ \\ad-lol
Ruby D. We~s, Esquire
Sworn and sUbsc~dI~8Lto
bef~ me this day
of AM. l:'1,U",..( _ , 2CQL.
'\
~01ACJL~ ffiOJ\luuJ
Notary Public
HOrAIIAL SEAl.
ClMICl A.1Itt:/IIIDN, NoIaJy ....bIk
QuIde 110m, Cumboriand County
N" etllll' . JO ErpirlII June 28, 2'("
"'
'.
\ .--
=r
l"-
aD
l"-
aD
=r
c
U1
IlECHMIlCSBU116 1'1\11050
Postage $ .1.39'
.1.
Certified Fee
aD
.-'I
C
t:l
Return Receipt Fee .1.50
(Endorsement Required)
Restricted Delivery Fee $3 20
(Endorsement Required) .
C
t:l
=r
m
Total Postage & Fees $ '7.99
'il
I
I
;,
l'
/
I
. .'
.
3"
f'-
cD IlECllAIIICS16 PA 17&50
f'-
cD Postage $ fl.at
3" fl;
0 Certified Fee
U1
Return Receipt Fee fl.50 ':)
cD (Endorsement Required)
.-'I $3.20
0 Restricted Delivery Fee d
0 (Endorsement Required) l
0 Total Postage & Fees $ f7.'l' .i
0
3"
m
0-
0-
'0
f'-
. :Complete'items 1, 2. and 3. Ai~o -complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
SC'i): that we can return the card to you.
. Attach this card to 1he back of the mail piece,
or on the'front if space permit~.
1. Article Addressed to:
tj.lncCf PUr..se#
7~()r{k G/enf5d
h}, _h,.,,, '/{' hoJ2Q P;; I, 7050
. ,./eLIWv!<-.J \J! RES1R\
DEl\\I
'~ice Type
, Certified Mall 0 Express Mail
Registered 0 Return Receipt for Merchandis.e
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) Yes
2'70'9Qber'd)jooervi~~ /fl! i i~nW& i ,7'?7.rJ i i i
PS Form 3811 , July 1999 Domestic Return Receipt
10259S-00-M-0952
'i'C" r'
-,;
.
J
RICHARD B. PURSELL,
Plaintiff
*
*
IN THE COURT OF COMMON PLEAS
CUMBERLANDCOUNTY,
PENNSYLVANIA
*
*
vs.
*
NO. 2001-305
*
*
CIVILACTION- LAW
IN DIVORCE
NANCY C. PURSELL,
Defendant
*
ANSWER AND COUNTERCLAIM IN DIVORCE
AND NOW, Defendant, Nancy C. Pursell, by and through her attorney,
Tonia M. Torquato, Esquire, answers the within Divorce Complaint and avers as
follows:
ANSWER TO COMPLAINT IN DIVORCE
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Denied. Defendant is unwilling to admit at this time that the marriage
is irretrievably broken.
8. Denied. Defendant denies the parties have lived separate and apart
since October 26, 2000 and avers their final date of separation occurred when
Defendant moved out of the marital residence on January 18, 2001. .
c, ,~,n" ....,'!'-,,,,'"',__ ,t
..",-~ , '
,
.
9. Denied. Defendant is without sufficient information to form a belief as
to the truth of this averment.
10. Denied. Defendant is without sufficient information to form a belief as
to the truth of this averment.
COUNT I - IRRETRIEVABLE BREAKDOWN
330I(c) of the DIVORCE CODE
11. Paragraphs 1 through 10 of Plaintiff's Divorce Complaint, together with
Defendant's Answers thereto are incorporated by reference.
12. Denied. Defendant is unwilling to admit at this time that the marriage
is irretrievably broken.
A. Denied. Defendant denies the parties have lived separate and
apart since October 26, 2000 and avers their final date of separation
occurred when Defendant moved out of the marital residence on
January 18,2001.
13. Denied. Defendant is without sufficient information to form a belief as
to the truth of this averment.
14. Denied. Defendant is without sufficient information to form a belief as
to the truth of this averment.
COUNT II - REOUEST FOR DIVISION OF PROPERTY UNDER SECTION
3502 OF THE DIVORCE CODE
15. Paragraphs 1 through 14 of Plaintiff's Divorce Complaint, together with
Defendant's Answers thereto are incorporated by reference.
-,~ 'r" ,_'" "I
~........=~,'
."- ~ '
,
16. Admitted.
17. Admitted.
COUNTER-CLAIM IN DIVORCE
COUNT III.
REQUEST FORA FAULT DIVORCE
UNDER s3301(a)(b) OF THE DIVORCE CODE
18. The prior paragraphs of this Answer are incorporated herein by reference
thereto.
19. Plaintiff has offered such indignities to Defendant, who is the innocent
and injured spouse, as to render Defendant's condition intolerable and life
burdensome.
20. This action is not collusive as defined by s3309 of the Divorce Code.
WHEREFORE, Defendant respectfully requests the Court to enter a Decree of
Divorce pursuant to Section 3301(a)(b) ofthe Divorce Code.
COUNT IV.
REQUEST FOR A No-FAULT DIVORCE
UNDER s3301(d) OF THE DIVORCE CODE
21. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
22. The marriage of the Parties is irretrievably broken.
; ,if',
, "'f
~
,,~
J
23. The parties are living separate and apart and at the appropriate time,
Defendant will submit an affidavit alleging that the Parties have lived separate and
apart for at least two years as specified in Section 3301(d) of the Divorce Code.
WHEREFORE, Defendant respectfully requests the Court to enter a Decree of
Divorce pursuant to Section 3301(d) of the Divorce Code.
COUNT V.
REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY
DESIGNATIONS OF EXISTING POLICIES INSURING
LIFE AND HEALTH OF BOTH PARTIES
UNDER ~3502(d) OF THE DIVORCE CODE
24. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
25. During the course of the marriage, Plaintiff has maintained certain
health, life and death insurance policies for the benefit of Plaintiff and Defendant.
26. Pursuant to Section 3502(d), Defendant requests Plaintiff be directed to
continue maintenance of said policies.
WHEREFORE, Defendant respectfully requests that, pursuant to Section
3502(d) of the Divorce Code, the Court enter an order directing Plaintiff to continue
to maintain certain life and health insurance policies for the benefit of Plaintiff and
Defendant.
A::-,
. " ~ "'--"--
. ,
-
COUNT VI.
REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY
PENDENTE LITE AND ALIMONY
UNDER ~3701, ~3702 and ~3704 OF THE DIVORCE CODE
27. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
28. Defendant is unable to sustain herself during the course of litigation.
29. Defendant lacks sufficient property to provide for her reasonable needs
and is unable to sustain herself through appropriate employment.
30. Defendant requests the Court to enter an award of spousal support
and/or alimony pendente lite until final hearing and thereupon to enter an order of
alimony in her favor pursuant to Sections 3704 of the Divorce Code.
WHEREFORE, Defendat respectfully requests the Court to enter an award of
spousal support and/or alimony pendente lite until final hearing and thereupon to
enter an order of alimony in her favor pursuant to Sections 3701, 3702 and 3704 of
the Divorce code.
COUNT VII.
REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES
UNDER ~3702 OF THE DIVORCE CODE
31. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
32. Defendant has employed Tonia M. Torquato, Esquire, to represent her
in this matrimonial cause.
,"loa
'--",
-
""'"
33. Defendant is unable to pay her counsel fees, costs and expenses and
Plaintiff is more than able to pay them.
34. Plaintiff is employed and has the ability to pay Defendant's counsel fees,
costs and expenses.
35. Reserving the right to apply to the Court for temporary counsel fees,
costs and expenses prior to final hearing, Defendant requests that, after final hearing,
the Court order Plaintiff to pay Defendant's reasonable counsel fees, costs and
expenses.
WHEREFORE, Defendant respectfully requests that, pursuant to Sections
3702 of the Divorce Code, the Court enter an order directing Plaintiff to pay
Defendant's reasonable counsel fees, costs and expenses.
COUNT VIII.
REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT
AND INCORPORATION THEREOF IN DIVORCE DECREE
UNDER SECTION 3104
OF THE DIVORCE CODE
36. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
37. The public policy of the Commonwealth of Pennsylvania encourages
parties to a marital dispute to negotiate a settlement of their differences.
38. While no settlement has been reached as of the date of the filing of this
Complaint, Defendant is and has always been willing to negotiate a fair and
reasonable settlement of all matters with Plaintiff.
',:~
-
--I
"
~.
39. To the extent that a written settlement agreement might be entered into
between the parties prior to the time of hearing on this Complaint, Defendant desires
that such written agreement be approved by the Court and incorporated in any
divorce decree which may be entered dissolving the marriage between the parties.
WHEREFORE, if a written settlement agreement is reached between the
Parties prior to the time of hearing on this Complaint, Defendant respectfully
requests that, pursuant to Section 3104 ofthe Divorce code, the Court approve and
incorporate such agreement in the final divorce decree.
Respectfully submitted:
BY: ,~vuA, ill ...1~
TONIA M. TORQ , TO, ESQUIRE
2650 North Third Street
Harrisburg, PAl 711 0
(717) 238-2200
ID #84406
ATTORNEY FOR DEFENDANT
Date: 1- 23.(')\
"","" ",__"<_'-K_ ,'"
", <" ~ ",__,1'_
, ~
VERIFICATION
I, Nancy C Pursell, hereby swear and affirm that the facts contained
in the foregoing Counter-Claim are true and correct and are made subject to the
penalties of 18 Pa. CS. Sec. 4904 relating to unsworn falsification to authorities.
r/( ,,s;A'a7/
Na
,J1~
I~...,q~..
T= ~~
,~ ' .,
,J~_~l
g
~ ...~,,,.)!:L~~]m
(:) (:) C)
C;;; "n
~ s.. <- ----!
(0 ~ j:R9' ;::;: ~~~;~
C> 2::13 -
Z1);- N
If::: 0 rJ) :; .;::- f_'~C}
"- () ~Ci -U ~,~~
~ t ~o :x: ~(J
0 (~m
>c:
.-J 6' ~ '0 ~
~ --.. '~ -<
-
:b
Il-
\~
(~
~
_ ~, ,'ll!"~~_~,,-",,;__,~'F'~V~,l_'i#m!'~~.'!.a..
,l1f$-llK!lJ~JiIIW!~~r~fl~~
RICHARD B. PURSELL, . IN THE COURT OF COMMON PLEAS
Plaintiff . CUMBERLAND COUNTY,
. PENNSYLVANIA
.
VB. . NO. 2001-305
.
NANCY C. PURSELL, . CIVIL ACTION - LAW
Defendant . IN DIVORCE
CERTIFICATE OF SERVICE
I, Misty D. Lehman, Legal Assistnat to Tonia M. Torquato, Esquire, hereby
certify that on January 24, 2001, I served a true and correct copy of an
Answer and Counterclaim in Divorce upon Ruby D. Weeks, Esquire, counsel for
the Plaintiff, by depositing same, postage pre-paid, in the United States Mail,
Harrisburg, Pennsylvania, addressed as follows:
Ruby D. Weeks, Esquire
10 West Hight Street
Carlisle, PA 17013
Date:
\ ~ 'dL\-O\
~~ D ~~
Misty D. Lehman
'?'"
. ":1'
~
~-^ ~~' ~- ~,",. ~" "'
(") 0 0
c
"S:: .."
'- ~~F'~
mCO ."'"
igj z
t;;: N :~;.8
;:S;'~.. 01
~c.: ~~(~
"C "
)>0 :tT!
2: . :3: I~')-n
5>0 70
c:: l':? <3m
z c- ~
~ -<;
fy~
1lil'1I""!
j~,_..~~,~, ,~~~J1"'T'''' ' ,~ ~4U,_~~, "[~~fl'1W""_-""'w')~r,,-,,,I'0.';'J.j\i1tl~ii~~.lli"~~!M,. >'_ _,..,.I~ ",.~:~~J! 1I!!1~!~~ "I
RICHARD B. PURSELL,
Plaintiffi'Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
NANCY C. PURSELL,
DefendantIPetitioner
NO. 01-305 CIVIL TERM
IN DIVORCE
DR# 30526
Pacses# 490103177
ORDER OF COURT
AND NOW, this 20th day of March, 2001, upon consideration of the attached Petition for
Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel
appear before R.J. Shaddav on Avril 25. 2001 at 9:00 A.M. for a conference, at 13 N. Hanover St.,
Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony
Pendente Lite be entered,
YOU are further ordered to bring to the conference:
(I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
191O.11@
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required docwnents, the Court may issue a
warrant for your arrest.
BY THE COURT,
George E, Hoffer, President Judge
.IvIjl,i~~.,?)1.i~~ An;
~::~\r-Ofl,* ' .' '
Petitioner
< Respondent
Tonia M. Torquato, Esquire
Ruby Weeks, Esquire
Date of Order: March 20, 2001
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. 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 MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
'''.;'j''
'--','
" ~ . ~,
,~.,
"
,~ '>
^ ~,
'.... ~-'1
~" ,~~"
\"INV/IlASNN3d
,\lNnOJ or'r1"1l!:;m~no
-
{' .'~ . ~ .
G.:J :t. ~id
AtlV,J',n\j:-'- r
''''"",,..
:':~)!::.i..!C)
_,I1,.\!'Il~~,,.,."
I G ii~i,'J 10
~ ,
~ ~,="~'"~"'>" .,'
~
....~-~
rrr~~~~!f':~i~n-'("I1Rl",,~;;;,~~I~II!l~"ftl~~~'
t
vs.
.
.
.
.
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
RICHARD B. PURSELL,
Plaintiff
NO. 2001-305
NANCY C. PURSELL,
Defendant
.
CIVIL ACTION - LAW
IN DIVORCE
.
Petition for Alimony Pendente Lite Conference
AND NOW comes Nancy C. Pursell, Plaintiff/Petitioner, files this Petition for Alimony
Pendente Lite Conference, by and through her attorney, ToniaM. Torquato, Esquire and avers in
support as follows:
1. Petitioner is Nancy C. Pursell, date of birth February 17, 1955, Social Security
Number, 181-38-9266, who resides at 7 Truffle Glen Road, Mechanicsburg, Cumberland County,
Peunsylvania, 17050.
2. Respondent is Richard B. Pursell, date of birth November 22, 1951, Social Security
Number, 181-42-7548, who resides at 17 Oak Ridge Road, Carlisle, Cumberland County,
Pennsylvania, 17013.
3. Petitioner and Respondent were married on May 26, 1978, in Cumberland County,
Pennsylvania.
4. Petitioner and Respondent are the parents of two children: Jeffrey Pursell, age 20,
date of birth, September 11, 1980, and Kristin Pursell, age 18, date of birth, December 11, 1982.
5. The parties separated on January 18,2001. On January 24, 2001, Petitioner filed an
Answer and Counter Claim in divorce which includes a count for Alimony Pendente Lite and
counsel fees.
6. A DRS Attachment for APL Proceedings has been filed with the Court
simultaneously with this Petition, attached hereto as Exhibit "A."
7. Petitioner has already filed a support action with the Cumberland County Domestic
Relations Office, DR No. 16 S 2001, PACSES Case No. 525102997. This matter has been
scheduled before Amy L. Ickes, and an initial conference was scheduled for February 27, 2001, at
10:30 a.m. however, the conference has been continued until March 27, 20Pl, at 9:00 a.m.
8. Petitioner requests that the initial complaint for support be amended to request
Alimony Pendente Lite, rather than spousal support and that an Alimony Pendent Lite conference
be scheduled.
,-,r,
'" ", .[ ~ ,
. " ~--,
>
r~ " '
WHEREFORE, Petitioner respectfully requests a conference be held at the Domestic
Relations Office to address her claim for alimony pendente lite and/or counsel fees.
Respectfully submitted:
Dated: 2-28-01
.
~ l,Ll,
Tonia M. Torquato, Es
2650 N. Third Street
Harrisburg, P A 1711 0
(717) 238-2200
ill #84406
Attorney for Plaintiff
r';~. ~
" ''', ~ w_ 0"' , __~I', ", "" " 0
I"
,---'
,
VERI FICA TION
I, Nancy C. Pursell, hereby swear and affirm that the facts contained in
the foregoing Petition for Alimony Pendente Lite Conference are true and correct and
are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
Date: #"~~
/
Nan
; i',~ "
'E
,
, ~
" ~
RICHARD B. PURSELL, . IN THE COURT OF COMMON PLEAS
Plaintiff . CUMBERLAND COUNTY,
. PENNSYLVANIA
.
VS. . NO. 2001-305
.
NANCY C. PURSELL, . CMLACTION - LAW
Defendant . IN DIVORCE
DRS ATTACHMENT FOR APL PROCEEDINGS
PETITION
NAME NANCY C. PURSELL
ADDRESS 7 TRUFFLE GLEN ROAD
MECHANICSBURG, PA 17050
BIRTH DATE FEBRUARY 17, 1955
SOCIAL SECURITY NUMBER 181-38-9266
HOME PHONE 717-697-0796
WORK PHONE (717) 697-0351
EMPLOYER NAME MECHANICSBURG PRESBYTERIAN
CHURCH
EMPLOYER ADDRESS 300 EAST SIMPSON STREET
MECHANICSBURG, PA 17055
JOB TITLE/POSITION TEACHERS AIDE
DATE EMPLOYMENT COMMENCED NOVEMBER 1997
GROSS PAY $3,091.00 per year
NET PAY $2,736.00 PER YEAR/$228.00 net monthly
OTHER INCOME NONE
ATTORNEY'S NAME TONIA M. TORQUATO, ESQUIRE
ATTORNEY'S ADDRESS 2650 N. THIRD STREET
HARRISBURG, PA 17110
ATTORNEY'S PHONE NUMBER 717-238-2200
'!'^~- -, -,~ -" "~ j ,
. ,
" .
r,
\
RESPONDENT
NAME RICHARD B. PURSELL
ADDRESS 17 OAK RIDGE ROAD
CARLISLE, PA 17013
BIRTH DATE NOVEMBER 22, 1951
SOCIAL SECURITY NUMBER 181-42-7548
HOME PHONE (717) 218-5427
WORK PHONE 1-800-348-1776
EMPLOYER NAME LEGG MASON WOOD WALKER INC.
EMPLOYER ADDRESS 100 LIGHT STREET
BALTIMORE, MD 21202
JOB TlTLE/POSITION ACCOUNT EXECUTIVE
DATEEMPLOY]JENTCO~ENCED 9 OR 10 YEARS AGO
GROSS PAY $387,187 per year
NET PAY $241,419.00 per year/$20, 118 net monthly
OTHER INCOME STOCKS, INTEREST AND DIVIDEND
INCOME
ATTORNEY'S NAME RUBY D. WEEKS, ESQUIRE
ATTORNEY'S ADDRESS 10 WEST lllGH STREET
CARLISLE, P A 17013
ATTORNEY'S PHONE NUMBER 717-243-1294
MARRIAGE INFORMATION
DATE OF MARRIAGE MAY 26, 1978
PLACE OF MARRIAGE CAMP lllLL, P A
DATE OF SEPARATION JANUARY 18,2001
ADDRESS OF LAST MARITAL HOME 7 TRUFFLE GLEN ROAD
MECHANICSBURG, P A 17050
DESCRIPTION OF DOCUMENT RAISING ANSWER AND COUNTER-CLAIM IN
APL CLAIM DIVORCE
DATE APL DOCUMENT FILED FEBRUARY 28, 2001
"'~ ,- ,,< -,., -, Jl -, I'~
.
._,'~,
, <,
T
,- ,~
~
,',
,," ,-~,
,~,~,~n~!1il!I~. '~'~"""""I'""""""'"
-
a 0 ,-
r~ ',..-1
~ >1"1
s: :Jl: :,~~::i
-ocu J>
mj'TI "'0 i--fi::;TI
Z::o
ZC , ~gt9
(/j..L::~ -.J
,<<, -'6
~C' '-:
-u =?~
~a :x g"
>8 ~ ""-
~ 0
~ 0 ~
\D -<
'T""'!'P'!,~::""I:",;""",...":,~I!P"'il!'!'!l!'<;tH'"'~~'-_\-T';;,,,,'''P.''!",,'\'''1~''''''1i!~~~~~~~~~Ji;
RICHARD B. PURSELL, . IN THE COURT OF COMMON PLEAS
Plaintiff . CUMBERLAND COUNTY,
. PENNSYLVANIA
.
vs. . NO. 2001-305
.
NANCY C. PURSELL, . CIVIL ACTION - LAW
Defendant . IN DIVORCE
CERTIFICATE OF SERVICE
I, Misty D. Lehman, Legal Assistant to Tonia M. Torquato, Esquire, hereby certify
that on March 12, 2001, I served a true and correct copy ofa Petition for Alimony Pendente
Lite Conference and DRS Attachment for APL Proceedings upon Ruby D. Weeks, Esquire,
counsel for the Plaintiff, by depositing same, postage pre-paid, in the United States Mail,
Harrisburg, Pennsylvania, addressed as follows:
Ruby D. Weeks, Esquire
10 West High Street
Carlisle, PA 17013
Date: ~ -l"L~o \
~~ \\ ~~k..J
Mis D. Lehm\n
":{'i~r
",
'1"--
"
"
I
H.
.e,
.~.I~,,,
~"
~
"
.~--~- ....
,.
,","
-
(')
c
-,$:
ut,U
mr-r"\
Z~l
z---'~'
(J)'i';:
~6
:i>2
..7 .i
~)
C
z
:::2
, "'~
o
:x
~~
::u
o
"11
T'
.,,"'r.F2
.~~
?SiJ
",0
(51"11
:;!
~
.!;:""
"''''
-
~
<:?
N
CO
!P.HIllt'_
, _~g~01>')I'f!'"lI';""-'.~,.
ifWp~
-
" !~
o".,.",~~~P'!ift]J
c' ,,"
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NANCY C, PURSELL,
v.
NO. 2001-305
Defendant
CIVIL ACTION - LAW
IN DIVORCE
RICHARD B, PURSELL,
PRAECIPE FOR WITHDRAWAL
TO THE PROTHONOTARY, CUMBERLAND COUNTY
Please withdraw my appearance as counsel for NANCY C. PURSELL.
2650 North Third Street
Harrisburg, P A 1711 0
(717) 238-2200
Please entry my appearance as counsel on behalf of NANCY C. PURSELL.
DEB
PA ID No.:
REAGER & ADLER, PC
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
"~""""
,., ,,- ~'":r' '
~='<
~
i.
"~ '
r~
'-",-"''"'"
~
~ ...~,'F'll~~_"'!""".,~ "'V,=
~"^',"
()
C
;;;:::
-Om
n1r;'
~:i)
~C
(.0"..
-<:;;'-
h:::C:
~C;,
-0
Pc-
:7
:::2
Cl
N
~~"t
,
-
.'"-,,,,'
~-
;p
"~,
-~lc;
--r~J
~
i:,.~ f~~
)..
~~
=<.
c:-
(..J
~,~'.." ~~I~~!W-;!jWJoH!)',-.lo'or.-f11""i"i""W'i~'i;""'!r',,~,1~'1"'-""W'I'_'t_""l'i~~~!1'"~'[~'i>'l',;"~!9llt1?'1"-I!ll~~~;"'~~:
-..
-
...
RICHARD B. PURSELL,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2001-305
NANCY C. PURSELL,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO WTTHDRA W CLAIMS
TO THE PROTHONOTARY:
Kindly withdraw on behalf of the Defendant, Nancy C. Pursell, the claims for
Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees, Costs and
Expenses, and Maintenance and Beneficiary Designations hereto filed in this matter, as
this matter has been settled.
Respectfully Submitted,
(
DATED: July 19,2002
:' A_,
.,,-,
r--
"
-
1 ~So
...
," ~
","",~ "...
c"
,'"- ",'
,<
~~ M
,.~
~.
~
o
c:
-nff;
rh}!,:;
fs;~;
tt;~~
zc'
s;; r2
<:::
"'-'
-(
I:,,?
:..q
r"
~<~ ~ ~~"~~'''' '-~-
,
o
""
Q
'.
k
k~..
f-
I\.)
Lc'
"" t>
'I-~
r--
B8
.j~,?
l,,--r-;
.:~~r~
~
::tJ
.--.,:
-"".
,~
~~"C'~,'II!lII!_~\@l!"i'I,'1~fW_,,";fi,rTY;~!_";,,~ii9'Jf;o,'lirl;:""',FI''~~i~f,~t'1!~~@:'ffi~!JWiI'I\.1j~!/>lI~~~
RICHARD B. PURSELL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
IN DIVORCE
NANCY C. PURSELL,
Defendant
NO.2001-30S
CIVIL TERM 2001
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on January 16, 2001.
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.
4. I understand that I may lose rights concerning alimony I division of
property, lawyer's fees or expenses if I do not claim them before a
divorce is granted.
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.
Dated:
~ )a~lo'J-
Sworn and subsc~i~ed to
bef(Se me thJS ~ day
of l'~ In , 200:1
t ~~~~ -,
<< ~^'-. ^-";--J"1\Wrc
-~ -.tiS
..;~~-
...
01ll1ai !kmaRJ2OiW
Notary Public
,
~.' ~~,
"_.-r, ,_.
;:_:::: ! '. '~
"-.-,,
, ,~
--I
~
() 0 0
~ N 'TI
"'" :;-:1
t1ru C -,,- .....~
'n...:..'
filrrl GJ 'r-
:2'::0 N ~~
Zr-'
Cf)):: <.D
-<.L
r:; C7 -0
~C" ::n:
ZC', z:- :~{TI
:s;~ .:::r
c:
Z ?
:::;! ~
OJ -<
~
Nancy C. PURSELL
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2001-305
RICHARD B. PURSELL,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed
on
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90)
days have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a fmal 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. Section 4904
relating to unsworn falsification to authorities.
Date:
;1'(-__
" , ~ ,," ."..' ,~,'~~ ,
~"
" "",
- ",,-~
< ~,' -~--''C:~' " - . - " ~
8
~&
z:e
~~
:;;;C;
Z C:I :-0
;;;0 ::Jz:
c:
:z;
=<
~
>". ,,~ ' "._" ,-r' _ """^
~I.,..
.~
^, ,~lMij~
'_, _' ,,",,,~JW
"-./
," ~ !l!ll'!'l-
~ .' > '-"
<::>
N
"'"
c:::
en
N
lD
~
:;3
;~
',.) ,
lj~;
C'5:B
:~?C)
(5 fT)
s;!
':0
"""
c-
"
, J!~~ft~L,,,,.,'r'_
-
RICHARD B. PURSELL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
IN DIVORCE
NANCY C. PURSELL,
Defendant
NO.2001-30S
CIVIL TERM 2001
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER S 3301 eel 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. S 4904 relating to unsworn falsification to authorities.
Date:
~\~q\ {)J-
~1' ~ai~~~-
;,,'-,-","'"
'.
"I
~
:!~
"", """"f~"'"
.",
,
"",'
~~ "_"._':1',,,,,~~,_1:"?'" :,~.-.-" .'(O"~"T'i<;'~'P"-
o
c
s::
-om
fT1 f'""
z::b
Z"<'-
(f;);..'
~2
,<C
)>,-
zcJ
):> ()
c
~
-<
,.m.JEI,..
~
J:>a
C
G)
'"
'..0
o
-n
:..:;i
f-r-) :=:
~~
\....)' -
-,
~
~""()
-"
--;;.~
"'"
e:o
NANCY C. PURSELL,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYL VANIA
v,
: NO, 2001-305
RICHARD B, PURSELL,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF 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 ifI 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. {l4904 relating
to unsworn falsification to authorities.
DATE:
", c . ,.. ".-< ~__^_ __ .- _,_.__ . " _
,
"1
.
L..
~
~,~
'L'"""",,,
~'r ",I'
0 0 0
~ N -n
:c- :=j
"IX' C h~~
rnrn G')
Z:D
-f"- N -_,-ti'T:\
L)c -,~;-,
U> ;...;"-'"
~-C ()(l)
:<(5 " ~~
)>0 :x ~c)
20 r:- 5.fTl
)>C
~ ~
en ~
]@l. __.., ~_- J ~_""~~~;IDP~~~~!'t'~~~~l~~~__,
"','-
nuw ..I()1f~
RICHARD B. ~URSELL,
~laintiff
IN THE COURT OF COMMON ~LEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
va.
CIVIL ACTION - LAW
IN DIVORCE
NANCY C. ~URSELL,
Defendant
NO.2001-305
CIVIL TERM 2001
ORDER
, ~~ ..\,..,. 1~ '\iC -
AND NOW, this '"T day of IV",. . I 20~ t:r-
the attached Stipulation and Agreement datedOdtJ}, fA. -1 /o(P~ the parties
in this case is incorporated, but not merged, into thi rder of Court.
J.
cc:
Ruby P. Weeks, Esquire
Debra Denison Cantor, Esquire
~~ 11-lo.tJ.2..>
~.
-~
,,' ,,,, ~. - ,m', '
".. '"''~''',l''' , ,- _ ,
..' ,
"N.
4
_..~".
\fiNVm),Si\'~l=id
" I ~In,~)r, nr '\ ,'.i. ::;,.:
\...1 IF I'... '.j ". "\J,:' 'f"..!:-f1N0'1
-, '_..' - -,,' d 1,,-,
1.1 :8
':J'"
(HCO
'.' 't.c.',
.,'
h i j;{r~1 ?f\
. .. ~l~ ,_tU
!--'
r_,
m.~.,..,_~ .
, ~-.
r'f"!""1~~
,'.
.. - --"~ .,"." ,~'"
';;;." -~, --
"
~~,Wl!M~,;l1!"ft)ll!f.m
~""._'~m d,JI:lI,J.il1JIIJI_. H,' ." .",
",,,,:
.
va.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - ~AW
IN DIVORCE
RICHARD B. PURSELL,
Plaintiff
NANCY C. ~URSELL,
Defendant
NO.2001-305
CIVIL TERM 2001
"DOMESTIC RELATIONS ORDER"
AND NOW, this
day of
I 2002, the parties, Richard
B. ~ursell, Plaintiff, and Nancy C. Pursell, Defendant, have Agreed and
Stipulated as follows:
1. The Plaintiff, Richard B. puraell, (hereinafter referred to aa
"Member") has a personal IRA account naming First Clearing Corporation as
custodian, account number 6841-6566.
2. Member'a date of birth is November 22, 1951, and hia Social Security
number is 181-42-7548.
3. The Defendant, Nancy C. Puraell, (hereinafter referred to as
IIAlternate Payeell) is the former spouse of Member. Alternate Payee1s date of
birth is February 17, 1955 and her Social Security number ig 1R1 A~ :~1B.
/?/-3'?- 1',.266
4. Mernberls last known mailing address is:
17 Oak Ridqe Road. Carlisle, PA 17013
5. Alternate Payee's current mailing address is:
7 Truffle Glen Road, Mechanicaburq, PA 17050
's,:; " . :07""--, \-. '^" ~" , , . , . , " "
,
6. (a)
$127,127.13
The marital property component of Member's IRA benefit is
(b) One Hundred percent of $127,127.13 of the marital property
component of Member's IRA is to be allocated to the Alternate Payee as her
equitable distribution portion of this marital asset.
7. Alternate Payee: The portion attributed to alternate payee shall be
transferred to a tax deferred account in her own name thus making this a tax-free
tranafer. Alternate payee shall be aolely liable for any taxes subsequent to the
transfer of these funds.
8. The parties intend and agree that the terms of this Stipulation and
Agreement shall be approved, adopted and entered as a Domestic Relations Order.
9. The Court of Common ~leaa of Cumberland County, Pennsylvania, shall
retain jurisdiction to amend any Domestic Relations Order incorporating this
Stipulation and Agreement, but only for the purpose of establiahing it or
maintaining it as a Domestic Relations Order.
11. Upon entry aa a Domestic Relationa Order, a certified copy of the
Domestic Relations Order and this Stipulation and Agreement and any attendant
document a shall be aerved upon Richard Puraell and alternate payee immediately.
I;!
-"
-". 'f.' =---
.
'.-.
.
.
WHEREFORE, the parties, intending to be legally bound by the terms of thia
~;;T~'P:=;r.nn~
PI intiff/Member D e
\~~ IO-d/-O~
Attorney for ~laintiff/Member Date
r
AND NOW, this I&'{~ day of JJ
directed that this Agreement and Stipulati
a Domestic Relations Order.
he
2002, It is ordered and
made an Order of Court and
J.
cc: Ruby D. Weeks, Esquire
Debra Denison Cantor, Esquire
'01
"
, ~ ,
,
~ --
.
, ,r
.
.
RICHARD B. PURSELL,
Plaintiff
va.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - iAW
IN DIVORCE
NANCY C. ~URSELL,
Defendant
NO.2001-305
CIVIL TERM 2001
DETERMINATION AS TO QUALIFICATION ON DOMESTIC
RELATIONS ORDER, NOTICE TO PARTICIPANT AND
ALTERNATE PAYEE, AND AGREEMENT TO COMPLY WITH ORDER
Pursmmt to the requirements of the Retirement Equity Act of 1984, that Richard Pursell as
Owner of said IRA and as Branch Manager for First Clearing Corporation the custodian of account
number 6841-6566, and any successor, hereby states as follows:
1. The Order of the Court of Common Pleas of Cumberland County, Pennsylvania, is
a Qualified Domestic Relations Order; and
2. The participant and the Alternate Payee/surviving spouse are hereby notified as to
the qualifications of said Order; and
The undersigned will comply with all of the terms and conditions of said Order upon
its signature by the Court.
Dated this .2/$1 day of
3.
(j~ ,2002.
~ \SC?~
Richard Pursell, Branch Manager \
cc: Ruby P. Weeks, Esquire
Debra Denison Cantor, Esquire
!'\"_"_ ,"","v
-
~ , --
".
I'~~-
.
,I
. ,
!.
>-
0;
~
~~~ ~5
l'_J'::
::=:'}r.
;
LL
()
co
(";
[::;
.0'_
:,~.:-I'"
r")_:'
()'-;?
-._- >.'-
::J
,s~
U]Cl_
',>
:5
()
o
,.:::c
(.0
I
20
:z:
-0-.1
d
,_,_'W"" ..
" , ,. ".''''', ,"."~., ,,,,,",,,,,,~,; "
."::,,,"
,In!!ln"""..,;,..,
.f?"II_Iij,___~_]~~~'frr
~ , - .,~,~-
-~
.
.
~
---":'C":~T_"'_-.!,l!IWI"~~,,.,:,:,!!,:,~'~-' f'c .
In the Court of Common Pleas of CUMBERLAND County, Peunsylvania
DOMESTIC RELATIONS SECTION
RICHARD B. PURSELL , ) Docket Number 01-305 CIVIL
Plaintiff /Respondent )
VS. ) PACSES Case Number 490103177/30526
NANCY ,C. PURSELL, )
DefunillmVPetitioner ) Other State ID Number
ORDER
AND NOW, to wit on this 4TH DAY OF NOVEMBER, 2002
IT IS HEREBY
ORDERED that the 0 Complaint for Support or 0 Petition to Modify or ~ Other
ALIMONY PENDENTE LITE
filed on MARCH 7, 2001
in the above captioned
matter is dismissed without prejudice due to:
NO ACTION BEING PURSUED THROUGH THE DOMESTIC RELATIONS SECTION SINCE
MAY 21, 2001.
o The Complaint or Petition may be reinstated upon written application of the plaintiff
petitioner.
DRO: RJ Shadday
xc: plaintiff
defendant
Ruby Weeks, Esquire
Edward weintraub, Esquire
BY THE COURT:
JUDGE
MAILED
/N3-0')
Service Type M
Form OE-506
Worker ID 21005
0&&
,,~''''~c ,
. ~=.,=,~ r=~
~..:.,;,~ ~- .l~~, ,,.....~.~~~.,,"~~:.!~~"'~ 'I "'"'"~
~
"=,,,,",
"~ -,'-' ~~
o
"
_,_, ,~~~ _IliJ'ji!~I'_"1'l\f'
-
~ .', "~"
"<
'". ',", 0-' t", \'-~I";",,"--'''''' ,,o,-,',,,,=,,,,,,,,,,,'>-~","",>'~""-" ",_
'v -"~f:fJ;
C)
l'V
(~...
::-r;
z
':2
c::>
~-,-~I
f,.)
........~,,~
~ lill_JJl~~_ _.~~I08!.lr",,",m'1":'1',)'j~~P'''~'~'i-i<'"'':'''-~11'''<ll''''~'i!';\mjl'lm'~~~ili''~Jil<&1~1!1'~''I!1'';pffi.\~;_~.,,,....,.,
~,m
;7'-'"
RICHARD B. PURSELL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
va.
CIVIL ACTION - LAW
IN DIVORCE
NANCY C. PURSELL,
Defendant
NO.2001-305
CIVIL TERM 2001
PRAECIPE TO WITHDRAW COUNTS IN DIVORCE
TO THE OFFICE OF THE PROTHONOTARY:
Please withdraw the previous requests for Division of Property, in the
above captioned divorce action since these matters have been satisfactorily
resolved between the parties through a Property Settlement Agreement entered into
June 13, 2002.
Dated:
~-~g-OL-
~~
Ruby D. Week , Eaquire
Attorney for Plaintiff
ce: Ruby D. Weeks, Esquire
Debra Denison Cantor, Esquire
-,'b..,
~
"
,~''''
"",,,'"
" 'M"C,""""~'"""~" '"
" ,"?C' ,-,"
..~~-
,
~-. "" <
"I '" ".
Uf,.".",~,lMF,"
",,,,,)lIIIJ,,,,,,,,,,,,,,, " "
, """,,' "lilli'"
f\R
'illllfUJIImrl1l"^1tJr'U'"
~ C> 0
1',,) -n
:c.. '-;
"'Vm r.= ~}j iJ2
rl1rn ~..,
z:r:.1 1'0 ~:~~
65~ ILl
;::$4=:
!:r t) v ~?~
Ji;-......... J.:"
z('-.~ .r:-
s:; c: b!
:3 :'0
-, 00 -<
~",'0""",,""Ill!!!
,b~-_,>,",~ '~"~<'_~_'::'""!;"'~' :,y,,-
;,
t
c,
~{
i';
"'Cj'[~r.
.
AMERICANS WITH DISABILITIES ACT OF 1990
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.
,
p ~. '. ~
r__._
.~...