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HomeMy WebLinkAbout99-04339 !C(Pj ?, ?. I{v T.'i{ ?):1 +?: ?? iMTI ty `. rC . b•W yy? =? dD I, I IN THE COURT OF COMMON PLEAS i4 1< OF CUMBERLAND COUNTY STATE OF PENNSYLVANIA ..... ....MARSAA...B. MCMANUS........ ..... .............. No ...... 97u39 C.I,VIL,,,, Versus _ FRANK H. McMANUS,. Defendant DECREE IN IDI VORCE AND NOW,... ?1 ?a.v C c?•.bCT . J? , ....... 19-99.., it is ordered and decreed that ..,....,,, MARSHA B. McMANUS plaintiff, and ....................FRANK H: McMANUS................... defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; It is .further. Ordered, thet, t.he, pr,op?!F,t y„ 59-tAlem.ent. Agcepment.., dated October 19, 1999 is incorporated herein and made a part hereo£,.•b.uG•shall••aot•Ilrer•ge••herewith•................................ 4y The Court: Attest: d-9/- , ,.w 'CIO. 40 4116 'CIO. CfA: 41P AIO. 4K•. 4F. +JG <1D -- w'i •ilz• •:st• •A: •7It• ?YC''•iY.•:.•;A;• •W Ac. +Ar ?A:•. • a d s i i i d i PR OPER T Y SE T TL EMENT A GR EEMENT THIS AGREEMENT, made this day of October, 1999, by and between: FRANK H. McMANUS of 543A Bridge Street, New Cumberland, Pennsylvania 17070, hereinafter referred to as "Husband" AND MARSHA B. McMANUS, of 52 Scarsdale Drive, Camp Hill, Pennsylvania 17011, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfiilly married on July 1, 1978 in Mechanicsburg, Pennsylvania; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart, 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, thc settling of all matters between them relating to the ownership of real and personal property, the support, alimony and maintenance of one another, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. AND NOW, THEREFORE, in consideration of these 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, Husband and Wife each intending to be legally bound hereby, covenant and agree as follows: 1. SEPARATION. It shall be lawful for Husband and Wife at all times herein- after to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to their living apart. 2. INTERFERENCE. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unnamed except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peace- ful existence, separate and apart, from the other. 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Husband or Wife to a 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 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. 4. DIVORCE. The parties acknowledge that Wife has instituted a divorce in the Court of Common Pleas of Cumberland County, Pennsylvania, indexed to No. 4339 Civil, 1999, claiming that the marriage is irretrievably broken under the no fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and each express their intent to execute contemporaneously herewith any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. Neither party to such action shall ask for alimony or support contrary to the provisions of this Agreement. It is further specifically understood and agreed by the parties that the provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a Decree, judgment or Order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such Decree, judgment, Order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any Decree, judgment or Order of Divorce or separation. Notwith- standing the provisions of the Pennsylvania Divorce Code or of any law to the contrary, all of the terms and provisions of this Agreement shall not be subject to modification by the Court or in any fashion other than as set forth hereinafter. It is specifically agreed, however, that this Agreement shall be subject to enforcement under the provisions of the Pennsylvania Divorce Code or, in the alternative, by a suit against the alleged breaching party either in law or equity, at the election of the aggrieved party. 5. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE. The transfer of the property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. DEBTS AND OBLIGATIONS. Husband represents and warrants to Wife that he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. Wife represents and warrants to Husband that she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 8. MUTUAL RELEASE. Husband and Wife do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or 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, engage- ments, or liabilities of such other or by way of dower or curtesy, of 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 Pennsylvania, any state, commonwealth or territory of the United States, or any other country; or any rights which either party may now have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs and/or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatso- ever nature arising or which may arise under this Agreement or for the breach of any provisions 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 and/or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obliga- tions of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 9. ADVICE OF COUNSEL. The provisions of this Agreement and there legal effect have been fully explained to Wife by her counsel, Francis A. Zulli, Esquire. Husband, Frank H. McManus, is unrepresented at this time even though he has been advised by Francis A. Zulli, Esquire to obtain legal counsel. Each party acknowledges that he or she has had the opportunity to receive independent legal counsel of his or her selection. Husband has been informed and advised of his right to have legal counsel but Husband has elected not to obtain legal counsel and he acknowledges that he understands this Agreement. Husband acknowledges that he is executing the Agreement freely and voluntarily and that his signing of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. 10. ALIMONY ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES. Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of a full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support, alimony, alimony pendente lite, counsel fees or expenses. 11. WAIVERS OF CLAIMS AGAINST ESTATE, 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 may 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, curtesy, 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 relinquishment of all such interest, rights and claims. 12. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code, and taking into account the following considerations: The length of the marriage, the age, health, station, amount and sources of income; vocational skills, and employability; estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital 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 the marital property, including the contribution of each spouse 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 the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. 13. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 14. ENTRY AS PART OF THE DECREE. It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party, and no Order, judgment or Decree of Divorce, temporary, interlocutory, final or permanent shall affect or modify the financial terms of this Agreement. This Agreement shall be embodied in and made part of any such judgment or Decree of final divorce. 15. TANGIBLE PERSONAL PROPERTY. The parties agree that each of them shall become the sole and exclusive owner of the personal effects, household furniture and furnishings, and all other articles of tangible personal property which are currently in their respective possession. Each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claim he or she may have with respect to any of the items which have become the sole and separate property of the other from the date of the execution hereof. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. 16. DIVISION OF REAL PROPERTY. Husband agrees to transfer all of his right, tide and interest in and to the real estate situate at 52 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania, now titled in the name of Husband and Wife as tenants by the entireties to Wife and agrees to immediately execute now and in the future any and all deeds, documents or papers necessary to effect such transfer of title upon request. Husband further acknowledges that he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. Husband agrees to immediately execute a deed conveying his interest to Wife. Wife hereby covenants and agrees to assume and pay in full the remaining balance of the mortgage now existing and presently constituting a lien upon and encumbering the same premises, such mortgage being owed and payable to Source One Mortgage and having a balance of $104,688.86, and further covenants and agrees that she will indemnify and save Husband harmless from any and all liability, expense, costs, or loss whatsoever as a result of her non-payment of or non-performance of said mortgage and said mortgage conditions. The parties acknowledge that in the event of a default of the mortgage, the mortgagee may institute an action of mortgage foreclosure against both Husband and Wife in that Husband and Wife remain liable for the payment of the mortgage to the mortgage company notwithstanding Wife's agreement to hold Husband harmless from any and all liability in connection with the payment of the mortgage. In the event of mortgage foreclosure, either party could be held personally responsible for the repayment of any mortgage deficiency to the mortgage company. In the event that Wife elects to sell the real estate, Husband shall be given the first opportunity to purchase the property at its fair market value as determined by a licensed Pennsylvania real estate appraiser. 17. OUTSTANDING BILLS. The parties agree that Wife shall be responsible for the following bills, obligations and credit card payments: Mortgage payment, car payment, television cable, car phone, home phone, real estate taxes, personal taxes, car insurance, house insurance, Prudential Life Insurance Policy premium, all utilities including but not limited to electric, heat, water, sewer and trash, Magic Years Day Care payment (Michael's day care), car loan at DAFCU, personal service loan with PSECU, USAA Mastercard, Cap One Visa cards, Cap One Mastercards, Boscov's and Fingerhut. Husband shall be responsible for the following bills: apartment rent, all apartment utilities including but not limited to electric, heat, television cable, home phone, his car phone, his personal taxes, car insurance, apartment insurance and his Prudential Life Insurance policy premium. Husband shall further be responsible for the payment of Husband's car payment, Husband's militar y BX Deferred Payment Plan, Husband's Cap One Visa Card, and the I.R.S. payment. These monthly bills and the amounts of the bills are set forth on an attached itemized list prepared by Husband and Wife. 18. SUPPORT. Husband and Wife are the parents of two minor children, namely, Frank H. McManus, Jr. and Michael McManus. Husband agrees that he shall 10 Pay to Wife for the support of the children the sum of Eight Hundred ($800.00) Dollars per month payable in bi-weekly payments of $400.00 each payment. 19. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS. Wife agrees that any monies which Husband has acquired through his interest in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits, specifically through his present or past employers including PHEAA, shall remain his sole and exclusive property. Wife agrees to waive any interest she may have in such property and further agrees that she will not assert any such claim in the future. Husband agrees that any monies which Wife has acquired through her interest in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits through her present or past employer including PHEAA shall remain her sole and exclusive property. Husband agrees to waive any interest he may have in such property and further agrees that he will not assert any such claim in the future, 20. MOTOR VEHICLES. With respect to the motor vehicles owned by Husband and Wife, they agree that each party shall retain their respective motor vehicle that is presently in their possession. If necessary, the parties agree to execute any tides required to transfer ownership of the vehicles to the owning party. 21. COUNSEL FEES. Each of the parties agree that they shall be responsible for their own counsel fees, costs and expenses. 22. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS. The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act'), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 23. WAIVER OF ALIMONY. Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present and future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees, except as specifically provided for herein. 24. EFFECT OF DIVORCE DECREE. The parties agree that except as other- wise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 25. VOLUNTARY EXECUTION. Husband and Wife have voluntarily executed this Agreement. Both parties acknowledge that they understand the contents 12 herein and that they have not signed this Agreement as a result of any duress or undue influence. 26. 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. 27. FINANCIAL DISCLOSURE. The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such undisclosed assets, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs and expenses incurred by the other party in seeking equitable distribu-tion of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 13 28. 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. 29. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, to seek such other remedies or relief as may be advisable to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 30. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 31. 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. 32. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 34. VOID CLAUSE. If any term, condition, clause or provisions of this 14 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: fY) Frank H. McManus Jan . U rn - 2 Marsha B. McManug 15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF Q CW41 t-.-t'Q Be it remembered, that on October G 1999, before me the subscriber, a Notary Public, personally appeared FRANK H. McMANUS known to me or satisfactorily proven 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. WITNESS my hand and official seal the day and year aforesaid. COMMONWEALTH OF PENNSYLVANIA COUNTY OF 0(U Lp)- ?`7-) Be it remembered, that on October 19 . 1999, before me the subscriber, a Notary Public, personally appeared MARSHA B. McMANUS, known to me or satisfactorily proven 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. WITNESS my hand and official seal the day and year aforesaid. Notdry Public My Commission Expires: NOTARIAL SEAL JOAN M. FRYER, Notary Public City of Hurisbury 04hln My Commission ExpIns April 5, 16 FRANK & MARSHA McMANUS No-Fault Divorce Settlement amaaa.? " Itemized List of Monthly Bills & Who Will Pay What ,lgppy.:`+s?'i ' ???.,slr CArirx ? n `'? . -r?aMOa`i r q - =6'bYl Jk/ '}IIPl '.yN ? n,1-?n+ ( 9 ` .?L ?+•'n tr. I ? '?Ct rY lf' YJ '-111 '?Jtl u4'''S ? h 4) ? lill .. f ? ? n ? 1 .. Yil 'fl.I? '? ? t „n, f4"0 l .yK YtX1 K l.,r, A .N yrb ( !? Jlwl L F 4 11{ {w l4 "Cl i A d I ? ,n . {N - C ARE '9 , I ? E ,tta..C. ~ !, M f. PHEAAPay 971.00 PHEAAPay 1,214.41 971.00 1214.4 1,942.00 2,428.82 Retire Pay 243.00 Support Pymt 800.00 2.185.00 3,228.82 Frank Apt Rent, Electric & Heat 410.00 Mortgage 847435 Frank Cable 30,00 Marsha Cable 30.00 Frank Car Phone 30.00 Marsha Car Phone 31.00 Frank Phone 20.00 Marsha Phone 25.00 Frank Taxes 20.00 Marsha Taxes 20.00 Frank Car/Apt Insurance 70400 Marsha Car Insurance/mo 50.00 Frank Prudential Life Insurance 107.45 Marsha IIottse Insurance/mo .00 687.45 Marsha Pnidential Life Insurance 64.50 Marsha Electric 83.00 Marsha Heal 45.57 Marsha Water 30.00 Marsha Sewer & Trash _1.4 00 1,250.42 i14 ikk Support Pymt to Marsha 800.00 Magic Years (Mike's Day Care) 232.00 Frank's Car 268.00 Marsha's Car/DAFCU 300.00 Military BX Defrrd Pyint Plan 92400 Personal Svc Loan thru PSECU 240.00 Frank's Cap One Visa 14400 Marsha's USAA Master Cant 65.00 IRs+ 125.00 Marsha's Cap Ones (2=Visa; 2=MC) 120.00 1,299.00 Marsha's Boscov's 20.00 Finger Hut 55.00 1,032.00 TOTAL $1,986.45 TOTAL $2,282.42 2,185.00 net monthly income 3.228.82 net monthly income less 1986.45 in monthly bills less 2.282.42 in monthly bills 198.55 + 4 = 49.63/week 946.40 + 4 = 236.60/wcek When IRS is paid of this will free up S 12.51 mo for Fro,,k; Mika moy have to waif for ordiodonric work. $50.00 $236,0 0 Gas S 15.00 Gas S 20.00 Groceries 50.00 Groceries 100.00 Dry Cleaning 7.00 Dry Cleaning 15.00 Hair Cut 1.50 Nair Cuts s 3 10.00 -23.501wk Kids Chore Money (none) .00 t Kids' School Lunch 10.00 Sandy Baker 10.00 Church (S201mo+520/mo bldg) 40.00 $31.00/wk rsslAvk = Clothing. GomlaI4 Cheml ono.. lalti. Watmarbhharmom Rent MaviedGamert dal IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSHA B. McMANUS Plaintiff NO. 99-4339 CIVIL KDO VS. FRANK H. McMANUS, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 3301 1. Ground for divorce: irretrievable breakdown under Section (2101(c)) 4161K( (1)) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: Restricted Certified Delivery on July 22, 1999 3. (Complete either paragraph (a) or (b) (a) Date of execution of the affidavit of consent required by Section 3301 20[X(c) of the Divorce Code: by the plaintiff October 22. 1999 ; by defendant October 22, 1999 (b) (1) Date of execution of the plaintiff's affidavit required by 3301 Section 10(d) of the Divorce Code: N/A (2) date of service of the plaintiff's affidavit upon the defendant: N/A 4. Related claims pending: NONE MARSHA B. McMANUS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99_ eI33r? 40i FRANK H. McMANUS, Defendant CIVIL ACTION -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 in Divorce or annulment maybe entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. 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. Lawyer Referral Service, Court Administrator Cumberland County Court House Fourth Floor Carlisle, Pennsylvania 17013 (717)240-6200 MARSHA B. McMANUS, Plaintiff Vs. FRANK H. McMANUS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Marsha B. McManus, an adult individual, who currently resides at 52 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Frank H. McManus, an adult individual, who currently resides at 52 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff and Defendant were married on July 1, 1978 in Mechanicsburg. Pennsylvania. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 5. There are two children of the marriage, namely, Frank McManus, Jr. and Michael McManus. 6. There has been no prior actions of divorce or for annulment between the parties. 7. The Plaintiff and Defendant are both citizens of the United States of America. 8. The 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; however, the Plaintiff waives her right to counseling. 9. The Defendant is not a member of the Armed Services of the United States or any of its allies. 10. The Plaintiff avers that the grounds on which the action is based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce. Respectfully submitted, WION, ZULLI & SEIBERT: BY: Fnci' A. Zulli, I Locust Street . Box 1121 Harrisburg, PA 1? (717) 232-1488 VERIFICATION I verify that the statements made in this COMPLAINT IN DIVORCE 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. Dated: $ 9 ((,lo-&,A ?-15 C?on (-xp"- -4z Marsha B. McManus 7- Lt H lL'?1 ( 1. ( l . i' I1. (r. [V G. ?J } 1.1 V n\` V C U tiC 'MC V 1\\\ v` VII W >. W G F Z E ro w £ w 0C U -ro n H H w aFis a z oa via u. z z x LL Hg: o? o a ¢ z z ? z da 7 £ ¢ H E? 94 F J ?$ a a P4 WH W H £ V1 U M) omz > £ z m ? U O > G1 6 U .7 x s W 6 0. (n U) w x x x £ F ¢z n z o wz x a U z a w o a H a a z £ w MARSHA B, McMANUS, Plaintiff Vs. FRANK H. McMANUS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4339 CIVIL CIVIL ACTION - IN DIVORCE AFFIDAVIT OFSERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, Francis A. Zulli, Esquire, who being duly sworn deposes and says that on July 19, 1999 he deposited in the United States, Certified Restricted Mail No. 2081-210- 150, Postage Prepaid, Certified Restricted Delivery, Return Receipt Requested, a true and correct copy of the Complaint in Divorce under Section 3301(c) of the Divorce Code upon the Defendant, Frank H. McManus, at his residence of 52 Scarsdale Drive, Camp Hill, Pennsylvania 17011. Attached hereto is the return receipt card evidencing receipt of the a by the Defendant, and dated July 22, 1999. i; r Sworn and subscribed to is A. Zulli, before me this 6th day f gu 99. Vary Public NOTARIAL SEAL 02 IV. L. D4:ULET. Notary Public CLy °tt IaelNVUO, ?"u phn , Ccunry, PA M Corm,,ialon Ex Irea Marrh iB,;a " r SENDER: l i I also wish to receive the i ' 0 serv ces. • Complete items 1 anNOr 2 for additiona • Complete items 3,4a, and 4b. following services (Ief an m e print your name and address on the reverse of this form so that we can return this t t extra fee): t u I r r > ra o you. • Attach brig lone to the frond of the mailpiec0, or an the Wck if.5ppce does not 1. ? ddressei Addrese t yermll. e Wdte'ReNm Receipt Requested-on the madneco below the anido number. 2. RBStfiCted Delivery p fl! r • The Return Receipt will show to whom the article was delivered and the date Consult postmaster for fee. S dellvered. 0 3. Article Addressed to: ? 4a. Article Number -1 g j nl°?r?u ° o?r N rn ? - z I ? .? 3 n 4b. Service Type ed E!Certified ? R i t *4 eg s er ? " ' ' ? ? Express Mail ? Insured ? r ? r 0 (^O ? Return Receipt for rchandise ? COD I? / 7. Date of Delivery' /' Of eI r i 5. Received By: (Print Name) 6. Addressee' Address (Only if requested and fee is paid) m ; 8. Slgnetur : (Ad e r ant) r X !° PS Form 3811, December 1994 102595-98 B 0220 Domestic Return Receipt r iy ,i W u W C Z E N ro u O Z q C U °i E o ro ? , ? U a VJ P. • q W w z m H wz > z co `" u d ¢?? O a U ¢ W , x LL F W'¢ 'e '. ¢ u O 3 z o ?mz 04 O+ e. u F 3?? d o ?E u a m Z Cl) O E Q M U 5 > It m ¢ m U a 1 S A W i+ ON 6 < ( (ON x x E- Z Q Z y ?y J W Z C4 ¢ zaw O ¢ a Haa z w MARSHA B. McMANUS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99-4339 Civil FRANK H. McMANUS, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 16, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Dated: 7 0 / 2 2 / 9 9 Marsha B. McManus, Plaintiff MARSHA B. McMANUS, Plaintiff Vs. FRANK H. McMANUS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4339 Civil CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OFA DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 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. Section 4904 relating to unsworn falsification to authorities. Dated: 10/22/99 % 4A 11Ce 1, Marsha B. McManus, Plaintiff MARSHA B. McMANUS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 994339 Civil FRANK H. McMANUS, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 16, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. n Dated: 10/22/99 ?t? i Frank H. McManus, Defendant r MARSHA B. McMANUS, Plaintiff Vs. FRANK H. McMANUS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4339 Civil CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OFA DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 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. Section 4904 relating to unswom falsification to authorities. Dated: 10/22/99 Frank H. McManus, Defendant ... ,?...