HomeMy WebLinkAbout04-0332
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
NATHANIEL L. ARMOLT,
PLAINTIFF, Civil Action--Divorce
Docket No. t')1.l-.:?~~ Cwt T~
V.
HEATHER ARMOLT,
DEFENDANT,
NOTICE TO DEFEND AND CLAIM OF RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You are warned that if you fail
to do so, the case may proceed without you and a decree of divorce or annulment may be
entered against you by the Court A judgment may also be entered against you for any
other claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
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 17101
(717) 249-3166
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
NATHANIEL L. ARMOLT,
PLAINTIFF, Civil Action-Divorce
Docket No.
V.
HEATHER ARMOLT,
DEFENDANT,
A VISO PARA DEFENDER Y RECLAMAR DERECHOS
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas
expuestas en las paginas siguientes, debe tomare accion con prontitud. Se Ie avisa que si
no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulaminento
puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en
su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted
puede perder dinero, 0 propiedades u otros derechos importantes para usted.
Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del
matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros
matrimoniales esta disponible en la officina del Prothonotary, en la Cumberland County
Bar Association, 2 Liberty Avenue, Carlisle, Pennsylvania 17101.
SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPlEDAD MARITAL.
HONORARlOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL
DECRETO FINAL DE DIVORCIO 0 ANULIAMIENTO SEA EMITIDO. USTED
PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE
ELLOS.U5TED DEBELLEV AR ESTE P APELA UN ABOGADO DE
INMEDIATO 51 NO TIENEPUEDEPAGAR UN ABOGADO. V AYA 0 LLAME A
LOFFICINAINDICADA ABAJO PARA A VERIGUAR DONDE PUEDE
OBTENER ASIS TEN CIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
Carlisle, Pennsylvania 17101
(717) 249-3166
AVAILABILITY OF COUNSELING
THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE
NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE
IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS:
23 Pa.C.S, & 330 1 (a)(6)-------Indignities
23 Pa.C.S. & 3301 (c)----------Irretrievable Breakdown; Mutual Consent
23 Pa.C.S. & 3301 (d)----------IrretrievabIe Breakdown; Two year separation where the
court determines that there is a reasonable prospect of
reconciliation.
A list of marriage counselors is available in the Office of the Prothonotary
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania
17013.
//
GREGORY S. HAZLETT, ESQUIRE
AITORNEY & COUNSELOR AT LAW
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYL VANIA
NATHANIEL L. ARMOLT,
PLAINTIFF, Civil Action---Divorce
Docket No. 64-.::?~~
Ctu~C-T~
V.
HEATHER ARMOLT,
DEFENDANT,
COMPLAINT UNDER SECTION
3301(C) OR 3301(D) OF THE DIVORCE CODE PARTIES
1. Plaintiff is Nathaniel 1. Armolt, an adult individual, sui juris an who currently resides
116 Ridgehill Road, Mechanicsburg, in the County of Cumberland, Commonwealth of
Pennsylvania.
2. Defendant, is Heather Armolt, an adult individual, sui juris, who currently resides at
87 Appalachian Drive, Carlisle, in the County of Cumberland, Commonwealth of
Pennsylvania,
JURISDICTION & VENUE
3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of
more than 6 months.
4. The parties were married on the 6th day of November, of 1999, in the County
of Cumberland, Commonwealth of Pennsylvania.
5. The Plaintiff is in the military service of the United States within the provisions of the
Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments.
6, There have been no prior actions for divorce instituted by the plaintiff or defendant in
this Commonwealth.
COUNT I
GROUNDS FOR DIVORCE
REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE
DIVORCE CODE.
7. For the purposes of section 3301 (d) of the Divorce Code, the parties have been living
separate since October of 2003.
8, The marriage is irretrievably broken.
9. Plaintiff has been advised that counseling is available and that the plaintiff may have
the right to request that the court require the parties to participate in counseling.
WHERFORE, plaintiff requests that the Honorable Court grant a decree of divorce
pursuant to, and in conformity with 3301 (d) of the Divorce Code.
11. The parties do not have any biological children born within the marriage.
12. The parties have not heretofore entered into any written agreement as to support,
Alimony, or property division.
COUNT I
GROUNDS FOR DIVORCE
REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE
DIVORCE CODE.
13, The prior paragraphs are incorporated herein by reference.
WHEREFORE, provided the parties file affidavits consenting to a divorce after
ninety (90) days have elapsed from the date of the filing and service of this Complaint,
plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section
330l(c) ofthe Divorce Code,
-
.
VERIFICATION
I verity that upon personal knowledge or information <0 ,ld belief tLat the statements
made in this Complaint are true and correct. I understand that false, tat ements herein
are made subject to the penalties of 18 Pa CS, & 4904, rr!ating to Wlsworn falsification
to authorities,
!!iM1/ [aft
Elsie Eagle, Power of Attorney 1"01' Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
Nd{andQ L ~hf-_
Plaintiff
Vs
FileNo. 8Ov4 -()033()'
IN DIVORCE
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Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff / defendant in th,~ above matter,
[select one 6y marking "x"]
l prior to the entry of a Final Decree in Divorce,
or _ after the entry of a Final Decree in Divon:e dated
hereby elects to resume the prior sumame of :> fA 11 (lay , and gives this
written notice avowing his / her intention pursuant to the proVIsions of 54 P.S. 704.
Date: f)/! :f 1~7J '1 ~V.u;tJi., 71~
Signature
f!I~~n <~
Signature of nanre being re ed
COMMONWEALTH OF PENNSYL V ANlA )
COUNTY OF ~l , vnkw1oA1
On the Lrday or-:J;; bru n 11 1..[ ,200.:J before me, the Prothonotary or the
notary public, personally appeared the above affiant known to me to be the person whose
nanre is subscribed to the within document and acknowledged that he / she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand hereunto set my hand and official
seal.
CJOJJd~~/a &1-u?bJ~
I NOTARIAL SEAL
CLAUDIA A. BREWBAKER, NOTARY PUBliC
Carlisle Boro, Cumberland Counly
, My Com~'ss'on Expires April 4, 2005
Notary Public
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I~ THE COURT OF COMMON PLEAS OF
CUMBERL\ND COUNTY. PENNSYLVANIA
N4-f.?4-""/IeL
L jJr-WloLf-
Plaintiff
vs.
/.Je~H- Ct"'YY\O Lf-
NO. () L../ - ~ 3 2-
lI$ .2. 00 t
:lOTION FOR APPODTI1ENT OF :lASTER
N4-TIj./h.{,e;-t... /....4rrnot..1 (Plaintiff) (Defendant),
a master with respect to the following claims:
(x.) Divorce
( ) Annulment
( ) Alimony
( ) Alimony Pendente Lite
moves the court to appoint
("")
( )
(1< )
(1< )
Distribution of Propert;'
Support
Counsel Fees
Costs and Expenses
and in support
of the motion states:
(1) Discovery is complete as to the claims(s) for wh~ch the
a master is requested.
(2) The defendant (has) (has not) appeared in
appointment of
claims:
The staturory ground(s) for divorce (is)
It-tl~
elete the inapplicable paragraph(s):
(a) The action is not contested.
(b) An agreement has been reached with respect to the
NtmS;1 ot-e.!c-nc/.-,f Ac:' bit..... p.LL;} ru(.U../?'{IWv(u IZ.q 'C:I';~ S,-,-ppuqr-
(c) The action is contested with respect to the follow1ng
YnallltoS eo I.:ts tr{hrne. k .:.. ~f h - .
(5) e acrion involves (does not involve) plex of lay
the action (personally)
,Esquire).
(are) ~ $01 (~J
(by his
attorney,
(3)
I rr-eb/f!:
(4)
""'~ll
following claims:
or fact.
(6)
(7)
The hearing is e.."Cpec ted to
Additional information, if
take -I- l{)V
any. relevant
(hou;,s) (days).
to the me cion:
/'I/onL
Date: :L/I.3/{)(,
AND NOW
is appointed master 'nth
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Attorney for (P<~inti=b -
(Detendant)
ORDER APPOINTING :.I.....STER K\c..h,<M2D reo 6~, ,I' .:l.YI-"t:lOO
, 19 , Esquire,
respect ~he folloYing claims:
By the Court:
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I~ THE COURT OF COMMON PLE.\S OF
CUl1BER.I.AND COUNTY, PENNSYLVANIA
.
N4.J.?t1-YlleL. L /Jr-rnoLf-
Plaintiff
vs.
/Je~~ Cr"'YY\<J L}-
NO . 6 L../ - ~:3 2...
~ .2. <!>o 7'
MOTION FOR APPO :ciTI1ENT OF MASTER
NlJ.rlf. ~/e;-,- /.... 4rmo<.r (Plaintiff) (Defendant).
a master with respect to the following claims:
(x) Divorce
( ) Annulment
( ) Alimony
( ) Alimony Pendente Lite
moves the court to appoint
(~)
( )
(;< )
(;X )
Distribution of Property
Support
Couns el Fees
Costs and L~enses
and in support of the motion states:
(1) Discovery is complete as to the claims(s) for wh~ch the
appointment of a master is requested.
(2) The defendant (has) (has not) appeared in
(by his attorney,
(3)
YYlo.lv'\ll I rr"eJr.,e
(4)
rr:.
The staturory
(,-t)~
elete the inapplicable paragraph(s) :
(a) The action is not contested.
(b) An agreement has been reached with respect to the
Ntn?fT.< O(~v.H1f he:. bit&... p-:LLJ' r~f'P<n4{u rZ.q'C"J~ Su,PP'-qr-
(c) The action is contested w~th respect to the folIo ng
1I16~1'" t!' I.:ts S-{.hrne k - at t-. - .
(5) e action involves (does not involve) co lex issues of law
ground(s) for divorce (is)
the action (personally)
,Esquire).
(are) ~ $0/(0
following claims:
claims :
or fact.
(6)
(7)
The hearing is e.-q>ected to take -I- LtrV
Additional information, if any. relevant
(houJ,"s) (days).
to the me cion:
I'\lonL
Date: :L-/13/t)(..
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Attorney tor ~~~int:..:D -
(Derendant)
il ORDER APPOINT.-tNG.*S_TER ~~c.."&12.Dte'6.-a-.,.JJ In.J.<.jI-'t~OO
A...'lD No~rA.b-l.I.al.1::1. ,9/ .J/!;?()()b l ~^c'J C.t.(.~4. Esquire,
is appointed master wi~ respect to the following claims:,
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NATHANIEL L. ARMOl T
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVil ACTION -DIVORCE
HEATHER ARMOl T
: NO. 04-332 CIVil TERM
: IN DIVORCE
Defendant
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER S 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary .
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to
unsworn falsification to authorities.
Date:/O ,4P{'r( O~
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Nathaniel L. Armolt, Plaintiff
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NATHANIEL L. ARMOLT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: CIVIL ACTION - DIVORCE
HEATHER ARMOL T,
Defendant
: NO. 04-332 CIVIL TERM
WAIVER OF NOTICE OF INTENTION TO REOUEST
THE ENTRY OF A DIVORCE DECREE
UNDER &3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed
with the Prothonotary.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE:
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HEATHERSUNDA
), Defendant
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NATHANIEL L. ARMOLT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - In Divorce
HEATHER ARMOL T,
Defendant
NO. 04-332 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed
on January 26, 2004.
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.
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: f? A PRJ/ 0 v
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Nathaniel L. Armolt, Defendant
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NATHANIEL L. ARMOLT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: CIVIL ACTION - DIVORCE
HEATHER ARMOL T,
Defendant
: NO. 04-332 CIVIL TERM
AFFIDAVIT OF CONSENT
1.
A Complaint in Divorce under 93301 (c) of the Divorce Code was filed on
January 26, 2004.
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 THE FOREGOING AFFIDA VII
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE:
if /6 if) tJzJ(,
.
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HEATHER SUNDAY
OL T), Defendant
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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this /0 day of /If',ej (.
,2006,
by and between Nathaniel L. Armolt, of Cumberland County, Pennsylvania, party of the
first part, hereinafter referred to as "Husbanrf',
AND
Heather Sunday (Armolt), of Cumberland County, Pennsylvania, party of the
second part, hereinafter referred to as "Wife",
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married on
November 6,1999, in Cumberland County, Pennsylvania; and
WHEREAS, there was one (1) child born of this marriage, Ashton Lono-Kalani
Sunday, born January 31, 2004; and
WHEREAS, diverse unhappy differences, disputes and difficulties have arlsen
between the parties and it is the intention of Wife and Husband to live separate and apart,
and the parties hereto are desirous of settling their respective financial rights and
obligations as between each other, and to finally and for all time to settle and determine
their respective property and other rights growing out of their marital relations; and wish
to enter into this Separation and Property Settlement Agreement; and
WHEREAS, both and each of the parties hereto have had the opportunity to be
advised of their legal rights and the implications of this Agreement and the legal
--Page / of /5--
consequences which may and will ensue from the execution hereof; and
WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly
conversant with and know accurately the size, degree, and extent of the estate and income
of Husband and Husband acknowledges that he has had the opportunity to be thoroughly
conversant with and know accurately the size, degree, and extent of the estate and income
of Wife;
NOW, THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth which are hereby acknowledged by each
of the parties hereto, Wife and Husband, each intending to be legally bound hereby,
covenants and agree as follows:
1. Advice of Counsel: The parties acknowledge that they have received independent
legal advice from counsel of their own selection or that they have elected not to seek
independent legal advice 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 circumstance, fair and equitable and that it is being
entered into freely and voluntarily after having received such advice and with such
knowledge 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 and the parties hereto state that he/she, in the procurement
and execution of this Agreement, has not been subject to any fraud, concealment,
overreaching, imposition, coercion, or other unfair dealing on the part of the other, or
--Page 2 of /5--
on the part of the other's counsel. The provisions of this Agreement and their legal
effect have been fully explained to Husband by his counsel, Richard R. Gan,
Esquire. The provisions of this Agreement and their legal effect have been fully
explained to Wife by her counsel, Hannah Herman-Snyder, Esquire.
2. Warrantv 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 informal exchange of information
by the parties but also reflects the fact that the parties had personal knowledge before
their separation of their various assets and debts all of which form the basis of this
Agreement between the parties.
3. Personal Rizhts and Sevaration: Wife and Husband may and shall, at all times
hereafter, live separate and part. They shall be free from any control, restraint,
interference or authority, direct or indirect, by the other in all respects as if they were
unmarried. They may reside at such place or places as they may select. Each may,
for his or her separate use or benefit, conduct, carry on and engage in any business,
occupation, profession or employment which to him or her may seem advisable.
Wife and Husband shall not molest, harass, disturb, nor malign each other or the
respective families of each other nor compel or attempt to compel the other to
cohabit nor dwell by any means or in any manner whatsoever with him or her.
4. Azreement not a Bar to Divorce Proceedinzs: This Agreement shall not be
considered to affect or bar the right of Wife or Husband to a limited or absolute
--Page 3 of /5--
.
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 party of the other party which may 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 93301 (c) of the Divorce Code of 1980.
5. Af!reement to be lncorvorated in Divorce Decree: The parties agree that the terms
of this Agreement shall be incorporated into any divorce decree which may be
entered with respect to them. Notwithstanding such incorporation, this Agreement
shall not be merged into the decree, but shall survive the same and shall be binding
and conclusive on the parties for all time.
6. Date of Execution: The "date of execution" or "execution date" of this Agreement
shall be defined as the date upon which it is executed by the parties if they have each
executed the Agreement on the same date. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the
party last executing this Agreement.
7. Personal ProDertv: The parties acknowledge that they have divided their personal
property, tangible and intangible, to their mutual satisfaction except as set forth
below. The parties acknowledge that they have the cash, accounts, furniture,
appliances, guns, and other personal property, tangible and intangible, in their
--Page 4 of /5--
possession that they wish to have and retain from this time forward. Neither party
shall make any claim whatsoever against the personal property in the other party's
possession or assets in that other party's possession from the time of execution of
this Agreement forward.
The parties agree that Wife shall return a diamond ring, her wedding ring, to
Husband in exchange for $3,000.00. Said ring shall be delivered to counsel for Wife
at the time of the execution of the Agreement. Upon Wife's execution of the
Agreement, Husband shall immediately pay Wife $1,500.00. The ring shall then be
placed in the interim custody of counsel for Husband for verification of its
authenticity by his jeweler. Counsel for Husband shall return the ring to counsel for
Wife after he has had it authenticated by his jeweler. No later than fourteen (14)
days from the entry of the Divorce Decree, Husband shall pay Wife $1,500.00, at
which time counsel for Wife shall provide the ring to counsel for Husband.
The parties agree that Wife shall retain the parties' dog, Cleopatra.
8. Marital Debt: Each party hereby confirms they have not incurred any additional
separation that has in any way obligated the other party. Neither party will take any
action to incur additional debt of any nature whatsoever in the other party's name
from the date of execution of this Agreement forward.
9. Bank Accounts: For the mutual promises and covenants contained in this
Agreement, Husband and Wife hereby waive all right, title, claim or interest they
may have by equitable distribution in their respective bank accounts, checking or
--Page 5 of /5--
.
savings, if any, and each party waives against the other any duty of accounting for
disposition of any jointly held funds.
10. After-Acquired Personal Pro/Jer/v: Each of the parties shall hereafter own and
enjoy, independently of any claim or right of the other, all items of personal
property, tangible or intangible, hereafter acquired by him or her, with full power, in
him or her to dispose of the same as fully and effectively, in all respects and for all
purposes, as though he or she were unmarried.
11. Pension. Retirement & Profit Sharing: Wife agrees to waive, relinquish or transfer
any and all of her right title or interest she has or may have in any retirement account
held by Husband and Husband may have in his individual name or may have secured
through his present or prior employment.
Husband agrees to waive, relinquish or transfer any and all of his right title or
interest he has or may have in any retirement account held by Wife and Wife may
have in her individual name or may have secured through her present or prior
employment.
J 2. Motor Vehicles: The parties acknowledge that Wife has and shall retain sole and
exclusive ownership and possession of the vehicle currently in her possession.
Husband shall make no claim whatsoever relative to access to or use of the aforesaid
vehicle and shall make no ownership claims on any nature whatsoever to the
aforesaid vehicle from the date of execution of this agreement forward.
--Page 6 of /5--
The parties acknowledge that Husband has and shall retain sole and exclusive
ownership and possession of the vehicle currently in his possession. Wife shall
make no claim whatsoever relative to access to or use of the aforesaid vehicle and
shall make no ownership claims on any nature whatsoever to the aforesaid vehicle
from the date of execution of this agreement forward.
13. Health Insurance: Husband and Wife are each responsible for his/her own health
insurance. Husband shall continue to provide health insurance for the parties' child
for as long as is required by the current applicable law.
14. Warrantv as to Post Separation and Future Oblif!ations: Husband and Wife each
covenant, warrant, represent and agree that each will now and at all times hereafter
hold harmless and keep the other party indemnified from all debts, charges and
liabilities incurred by the Husband or Wife, respectively.
15. Spousal Support. Alimonv. Alimonv Pendente Lite, and Spousal Maintenance:
Husband hereby waives any right or claim of any nature whatsoever relative to
alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees
and expenses against Wife.
Wife hereby waives any right or claim of any nature whatsoever relative to alimony,
alimony pendente lite, spousal support, spousal maintenance, counsel fees and
expenses against Husband.
--Page 7 of /5--
16. 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 times
to come and for all purposes whatsoever, of and from any and all right, title and
interest, or claims in or against the property (including income and gain 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 havt: 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 as 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
(c) 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
pendente lite, counsel fees, 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 execution of this Agreement a full, complete, and general release with
respect to any and all property of any kind or nature, real or personal, or mixed,
which the other now owns or may hereafter acquire, except and only except, all
--Page 8 of /5-,
rights and agreements and obligations of whatsoever nature arising or which may
arise under this Agreement or for the breach of any thereof.
17. Divorce: Husband had commenced an action for divorce against Wife pursuant to
3301(c) of the Divorce Code of Pennsylvania by filing a Complaint in Divorce in the
Court of Common Pleas of Cumberland County. Both parties shall immediately
upon execution of said agreement furnish Husband's counsel with signed Affidavits
of Consent and Waivers of Notice of Intention to Request the Entry of a Decree in
Divorce. It is understood and agreed that the Decree in Divorce issuing from this
matter shall incorporate this Agreement further:
a.) This Agreement represents a complete and final agreement as to their
respective property rights which arose from the marital relation and therefore
mutually waive any and all rights they may have under 93502, et. of the
Pennsylvania Code, Act. No 1980-26.
b.) This Agreement may be offered in evidence in the action for divorce and may
be incorporated by reference in the decree to be granted therein.
Notwithstanding such incorporation, this Agreement shall not be merged in the
decree, but shall survive the same and shall be binding and conclusive to the
rights of all parties.
18. Lerzal Fees: In the review and preparation of this Agreement each party shall bear
his or her own legal fees.
--Page 9 of /5--
19. Remedv for Breach: If either party breaches any provision of this Agreement, the
other party shall have the right, at his or her election, either to sue for damages for
such breach, in which event the breaching party shall be responsible for payment of
legal fees and costs incurred by the other in enforcing their rights hereunder, whether
through fonnal court action or negotiations, or to seek such other remedies or relief
as may be available to him or her.
20. Equitable Distribution: 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, 1980 (P.L. No. 63, No. 26) known
as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania,
and as amended.
21. Summarv of Effect of A5!reement: It is specifically understood and agreed by and
between the parties hereto, and each party accepts the provisions herein made in lieu
of and in full settlement and satisfaction of any and all of the said parties' rights
against the other for any past, present and future clams on account of support,
maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses,
equitable distribution of marital property and any other claims of each party,
including all claims raised by them in the divorce action pending between the
parties.
--Page 10 ofI5--
22. Tax Consequences: By this Agreement, the parties have intended to effectuate and by
this Agreement have equitably divided their marital property. The parties have
determined that such equitable division conforms to a right and just standard with
regard to the rights of each party. The division of existing marital property is not,
except as may be otherwise expressly provided herein, intended by the parties to
institute or constitute in any way a sale or exchange of assets and the division is
being effected without the introduction of outside funds or other property not
constituting a party of the marital estate.
23. Mutual Cooveration/Dutv to Effectuate Af!:reement: 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.
24. Reconciliation: The parties shall only effectuate a legal reconciliation which
supersedes this Agreement by their signed agreement containing a specific statement
that they have reconciled and that this Agreement shall be null and void; otherwise,
this Agreement shall remain in full force and effect. Further, the parties may attempt
a reconciliation, which action, if not consummated by the aforesaid agreement, shall
not affect in any way the legal affect of this agreement or cause any new marital
rights or obligations to accrue.
--Page II of 15--
25. Severabiliiv: 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 any
one or more of the paragraphs herein, with exception of the satisfaction of the
conditions precedent, shall in no way void or alter the remaining obligations of the
parties.
26. 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 strict performance of any other obligations herein.
27. lntel!ration: 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. This
Agreement shall survive integration by any court into any judgment for divorce and
shall continue to have independent legal significance as a written contract separate
from such judgment for divorce and may be enforced as an independent contract.
--Page 12 of 15--
28. Effect of Divorce Decree: The parties agree that unless otherwise specifically
provided herein, this Agreement shall continue in full force and effect after such
time as a final Decree in Divorce may be entered with respect to the parties.
29. Notices: Any and all notices given hereunder shall be in writing and shall be sent
registered mail, return receipt requested:
a.) To Wife in care of Hannah Herman-Snyder at Griffie & Associates at 200
North Hanover Street, Carlisle, PA 17013.
b.) To Husband in care of Richard R. Gan, Esquire, 17 West South Street, Carlisle,
PA17013
30. Waiver or Modification to be in Writinz: 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.
31. Captions: The captions of this Agreement are inserted only as a matter of
convenience and for reference and in no way define, limit or describe the scope and
intent of this Agreement, nor in any way effect this Agreement.
32. Agreement Bindinz on Heirs: This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs, executor, administrators,
successors and assigns.
--Page 13 of 15--
33. Governinz Law: This Agreements shall be construed in accordance with the laws of
the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the parties have set forth their hands and seals to two
counterparts of this Agreement, each of which shall constitute an original, the day and year
first above written.
WITNESSES:
<"..,.",..:::~='-?C1-
~~~R G~~SqU1re <o~
~(\,,^,,k '\.:i~"-"'-C\f'...- J1Y\1\\J'\
Hannah Herman-Snyder, Esq ue
~/ (oj 9d4 J
Date
--Page 14 of 15--
LU-L
NATHANIEL L. ARMOLT, Plaintiff
OLT),
~Y1 ~Cc)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF G ~t<-0
On this /0 day of ~~^ ~
undersigned officer, persoLally appeared NATHANIEL L. ARMOLT, known to me (or
, 2006, before me, the
satisfactory proven) to be the person whose name is subscribed to the within Agreement and
acknowledged that he executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
"",U"""
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Notary ubllc
COMMONWEALTH OF PENNSYLVANIA
C '
COUNTY OF )...llv..b'-1...lr.t.iV'L.
On this (,p ....)l..
day of
{J-flJu L
, 2006, before
me, the undersigned officer, personally appeared HEATHER SUNDAY (ARMOLT), known
to me (or satisfactory proven) to be the person whose name is subscribed to the within
Agreement and acknowledged that she executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(/, '-f'
1) Irb.w.. ~ ."'- "',j,). hL ~ ,
Notary Publiq'
NOTARIAL SEAL
ROBIN J. GOSHORN, NOTARY PUBLIC
CARliSLE BORO., CUMBERLAND COUNT\'
MY COMMISSION EXPIRES APRIL 17 2007
--Page 15 of 15--
,II"''''''''
.-1
l~; ..,...,
NATHANIEL L. ARMOLT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 04 - 332 CIVIL
HEATHER ARMOLT,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
I \.u.
day of ~~
2006, the economic claims raised in the proceedings having been
resolved in accordance with a separation and property
settlement agreement dated April 10, 2006, the appointment of
the Master is vacated and counsel can file a praecipe
transmitting the record to the Court requesting a final decree
in divorce.
BY THE COURT,
-- '
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Edgar B. Bayley, P.J. .
cc: Richard R. Gan
Attorney for Plaintiff
Hannah Herman-Snyder
Attorney for Defendant
.1,"
.J:-'
. .
NATHANIEL L. ARMOLT,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 04-332
HEATHER ARMOL T,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Kindly transmit the record, together with the following information, to the Court for entry
of a Divorce Decree:
1. Ground for divorce:
Irretrievable breakdown under 93301(c) of the Divorce Code.
2. Date and manner of service of Complaint:
Served upon Defendant: via FIRST CLASS MAIL, on February 4, 2004.
Affidavit of Service filed April 4, 2006.
3. Complete either paragraph (a) or (b):
(a) Date of execution of Plaintiff's and Defendant's Affidavits of Consent
required by Section 3301(c) of the Divorce Code and Waiver of Notice of
Intention to Request Entry ofa Divorce Decree under Section 3301(c) of the
Divorce Code, pursuant to PaR.c.p. 1920.42(e) (1):
Plaintiff - If., (0/ ~ ,.. Filed ~ If., 0'"
Defendant - ~ 1.,0 (. Filed 't I ~ of>
(b)(1) Date of execution of Plaintiff's affidavit required by Section 330 I (d) of the
Divorce Code: nla
Document #: 198356./
(2) Date of service of the plaintiffs affidavit upon the defendant: n/a
4. Complete the appropriate paragraphs:
(a) Related claims pending: NONE All claims have been resolved by a signed
Marital Settlement Agreement dated 2006.
5. Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which is attached, if the decree is to be entered under 9330I(d) (1)
(i) of the Divorce Code: n/a
OAN LAW GROUP
~~~
~Jt~~U~~Ui~e
!.D. No. 68721
17 West South Street
Carlisle, Pa 17013
(717) 241-4300
Attorneys for Plaintiff
Document # 145617
..--(',
--
--
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NATHANIEL L.ARMOLT,
v.
NO. 04-332
Defendant
CIVIL ACTION - LAW
IN DIVORCE
HEATHER ARMOL T,
CERTIFICATE OF SERVICE
AND NOW, this 1/ day of April, 2006 I, Richard R. Gan of the Gan Law Group,
attorneys for Plaintiff, hereby certifY that I served a copy of the Praecipe to Transmit Record this
day by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania,
addressed to:
Griffie & Associates
200 North Hanover Street
Carlisle, Pa 17013
GAN LAW GROUP
-----------
By:
-----------
. Gan, Esq.
Document #: J 68260.1
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NATHANIEL L. ARMOL T
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
v.
NO. 04-332 CIVIL
HEATHER ARMOLT,
Defendant
IN DIVORCE
PROOF OF SERVICE ICERTIFICATE OF SERVICE
I, Richard R. GaIl, Esquire, do hereby certify that on February 4, 2004 a copy of the
Complaint for Divorce in the above referenced matter was served on the defendant by first class
mail at the following address:
Ms Heather Arrnolt
87 Appalachian Drive
Carlisle, Pa 17013
Law Offices of Richard R. Gan
(c- -~ Yd;h;;j R. G~q~re ..l
Attorney LD. No. 68721
17 West South Street
Carlisle, P A 17013
(717) 241-4300
~~~r
~
Dated:
Attorneys for Plaintiff
Document #: /8/832.1
A
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100- ......l.
NATHANIEL L. ARMOLT,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 04-332
Defendant
CIVIL ACTION - LAW
IN DIVORCE
HEATHER ARMOL T,
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Kindly transmit the record, together with the following information, to the Court for entry
of a Divorce Decree:
I. Ground for divorce:
Irretrievable breakdown under 93301 (c) of the Divorce Code.
2. Date and manner of service of Complaint:
Served upon Defendant: via FIRST CLASS MAIL, on February 4, 2004.
Affidavit of Service filed April 4, 2006.
3. Complete either paragraph (a) or (b):
(a) Date of execution of Plaintiffs and Defendant's Affidavits of Consent
required by Section 3301(c) of the Divorce Code and Waiver of Notice of
Intention to Request Entry of a Divorce Decree under Section 3301(c) of the
Divorce Code, pursuant to Pa.R.C.P. 1920.42(e) (1):
Plaintiff - If., (0/ ~ ,.. Filed t.f" /~ 0'"
Defendant -I(, ", (> I. Filed 't I ~ "b
(b)( I) Date of execution of Plaintiffs affidavit required by Section 3301 (d) of the
Divorce Code: nla
Docu~nt#:J983561
.." ..."...
(2) Date of service of the plaintiffs affidavit upon the defendant: nla
4. Complete the appropriate paragraphs:
(a) Related claims pending: NONE All claims have been resolved by a signed
Marital Settlement Agreement dated 2006.
5. Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which is attached, if the decree is to be entered under 93301(d) (1)
(i) of the Divorce Code: nla
GAN LAW GROUP
~ ~I~~
, ---- - -iit ruaD, squire
l.D. No. 68721
17 West South Street
Carlisle, Pa 17013
(717) 241-4300
Attorneys for Plaintiff
Document # J 45617
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
;,/14 7"'HA-HI'I!U.. i..,. ,<f--,..,4L.'T
PENNA.
STATE OF
No.
o't
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VERSUS
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DECREE IN
DIVORCE
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AND NOW,
DECREED THAT AJ;417N'~"NIE:'- 1-. n-r-YY14.J-r
PLAINTIFF,
He i4-7"" It<: yo c Y n?"....r-
AND
, 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;
Nf>nt:'
By THE COURT: j
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