HomeMy WebLinkAbout01-2041 JOSHUA C. PRYOR,
Plaintiff ' 1N THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTy, PENNSYLVANIA
·CIVIL ACTION_ LAW
JENNIFER N. PRYOR, '
Defendant 'NO. ~1.-'1.~/ CIVIL
· /N DIVORCE TERM
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
will proceed without you and a decree of divorce or annulment may be entered against you for
any c/aim or relief requested in these papers by the Plaintiff. You may lose money or property
or other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in the
Office of the Prothonotary at Cumber/and County Courthouse, Car/is/e, Cumberland County,
Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
NOT HAVE A LAWYER OR CANNOT AF r~ .... ONCE
FO~u.~ t~N. - ·
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
P2, GO TO OR TELEPHONE THE
Cumberland County Bar Association
Two Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
JOSHUA C. PRYOR, · IN THE COURT OF COMMON PLEAS OF
Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA
V.
· CIVIL ACTION_ LAW
JENNIFER N. PRYOR, · NO. O/. ,,go ,/l CIVIL TERM
Defendant · IN DIVORCE
__NO FAULT
1. Plaintiff is Joshua C. Pryor, an adult individual currently residing at 10 Hollinger
Street, Mount Holly Springs, Cumberland County, Pennsylvania.
2. Defendant is Jennifer N. Pryor, an adult individual currently residing at 10 Hollinger
Street, Mount Holly Springs, Cumberland County, Pennsylvania.
3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been
so for at least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on July 11, 1998, in Boiling Springs,
Cumberland County, Pennsylvania.
5. There have been no other prior actions for divorce or annulment between the parties.
6. Neither the Plaintiff nor the Defendant are members of the United States Armed
Forces or its Allies.
7. Plaintiff has been advised of the availability of counseling and the fight to request
that the Court require the parties to participate in counseling. Knowing this, Plaintiff
does not desire that the Court require the parties to participate in counseling.
JOSHUA C. PRYOR, · IN THE COURT OF COMMON PLEAS OF
Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA
V.
· CIVIL ACTION - LAW
JENNIFER N. PRYOR, ' NO. O/- ,~.o ~ l CIVIL TERM
Defendant · IN DIVORCE
]NO FAUI,T
1. Plaintiff is Joshua C. Pryor, an adult individual currently residing at 10 Hollinger
Street, Mount Holly Springs, Cumberland County, Pennsylvania.
2. Defendant is Jennifer N. Pryor, an adult individual currently residing at 10 Hollinger
Street, Mount Holly Springs, Cumberland County, Pennsylvania.
Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been
so for at least six months immediately previous to thc filing of this Complaint.
4. Plaintiff and Defendant were married on luly 11, 1998, in Boiling Springs,
Cumberland County, Pennsylvania.
5. There have been no other prior actions for divorce or annulment between the parties.
6. Neither the Plaintiff nor the Defendant are members of the United States Armed
Forces or its Allies.
7. Plaintiff has been advised of the availability of counseling and the fight to request
that the Court require the parties to participate in counseling. Knowing this, Plaintiff
does not desire that the Court require the parties to participate in counseling.
8. Plaintiff and Defendant are citizens of the United States of America.
9. The parties' marriage is irretrievably broken.
10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90)
days from the date of the filing of this Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23
P.S. Section 3301 (c) of the Domestic Relations Code.
Respectfully submitted,
GRIFFIE & ASSOCIATES
Marylou Ma!tas, Esquire
Attorney for Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
_VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unswom falsifications to authorities.
UA C. P~YOR,' Plaintiff
.0
·
JosHUA A. PRIOR, · IN THE COURT OF COMMON PLEAS OF
Plain~ ' CUMBERLAND COUNTY, PENNS~VANIA
·
¥$o
·CIVK, ACTION- LAW
JENNIFER N. PRYOR, 'NO. 01-2041 CIVIL TERM
Defendant, ·IN CUSTODY
AFFIDAVIT OF SERVICE
AND NOW, this 3rd day of May, 2001, comes Marylou Matas, Esquire, Attorney
for PlaintS, and states that she mailed a certified and tree copy of a Complaint in Divorce
to the Defendant, Jennifer N. Pryor, at her address of 10 Hollinger Street, Mt. Holly
Springs, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A
copy of said receipt is attached hereto indicating service was made on April 19, 2001.
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(7 7)
Sworn and subscribed
to before me this ~ ..~._~_C
day of /~_ ,2001.
OTARY P LIC
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Attach this card to tl~ back of the mailpiec~, · ' /" ~ .... i~-Agent
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2. Article Number (Copy from service label) [ 4. Restricted Delivery? (Extra Fee) 7~es
PS'Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952
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·
JOSHUA C. PRYOR, · IN THE COURT OF COMMON PLEAS OF
Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA
v. · CIVIL ACTION- LAW
JENNIFER N. PRYOR, · NO. 01-2041 CIVIL TERM
Defendant · IN DIVORCE
AFFIDAVIT F N ENT
1. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on April
6, 2001, and served on April 19, 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.
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. §4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
Plaintiff
JOSHUA C. PRYOR, · IN THE COURT OF COMMON PLEAS OF
Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA
v. · CIVIL ACTION- LAW
JENNIFER N. PRYOR, · NO. 01-2041 CIVIL TERM
Defendant · IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
THE ENTRY OF A DIVORCE DECREE
UNDER §3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose fights 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 divorce until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is files with the
Prothonotary.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE' ..~-,~~ - ,ac~ ~ .2~
C.p~~OR, Plaintiff
JOSHUA C. PRYOR, · IN THE COURT OF COMMON PLEAS OF
Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA
v. · CIVIL ACTION- LAW
JENNIFER N. PRYOR, · NO. 01-2041 CIVIL TERM
Defendant · IN DIVORCE
AFFIDAVIT OF CONSENT
1. A. Complaint in Divorce under {}3301 (c) of the Divorce Code was filed on April
6, 2001, and served on April 19, 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.
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. §4904 RELATING TO
UNSWO~ FALSIFICATION TO AUTHORITIES.
- JENNIFEP~N~I~RYOI~, Defendant '- d
JOSHUA C. PRYOR, · IN THE COURT OF COMMON PLEAS OF
Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA
v. · CIVIL ACTION- LAW
JENNIFER N. PRYOR, · NO. 01-2041 CIVIL TERM
Defendant · 1N DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
THE ENTRY OF A DIVORCE DECREE
UNDER §3301(¢) OF THE DIVORCE CO~E
1. I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose fights 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 divorce until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is files with the
Prothonotary.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
JENNIFER'~I. PRY~)R, Defendant ~J -
SEPARATION AND PROPERTY $ETTI,EMENT AGREEMENT
THIS AGREEMENT made this 25q~day of ~'~~.oC~Cc.~ ,2002, by and
between JOSHUA ¢. PR YOR, of Hanover, York County, Pennsylvania, party of the first part,
hereinafter referred to as "Husband,"
AND
JENNIFER N. PR YOR, of Mount Holly Springs, Cumberland County, Pennsylvania,
party of the second part, hereinafter referred to as "Wife,"
WITNESSETH'
WHEREAS, Husband and Wife were married on July 11, 1998, in Cumberland County,
Pennsylvania.
WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and
have been so for at least the past six months;
WHEREAS, certain differences have arisen between the parties hereto which have made
them desirous of living separate and apart from one another; and
WHEREAS, Husband and Wife desire to settle and determine certain of their marital
rights and obligations, and make an equitable distribution of their marital property, determine
their rights to alimony and support and any other matters which may be considered under the
Divorce Code; and
WHEREAS, it is the intention and purpose of this Agreement to set forth the respective
rights and duties of the parties while they continue to live apart from each other and to settle all
financial and property rights between them; and
WHEREAS, the parties hereto have mutually entered into an agreement for the division
of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the
resolution of their mutual differences, after both have had full and ample opportunity to consult
with attorneys of their respective choice, the parties now wish to have that agreement reduced to
writing.
NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be
kept promises set forth hereinafter and for other good and valuable consideration, and intending
to be legally bound and to legally bind their heirs, successors, assigns, and personal
representatives, do hereby covenant, promise and agree as follows'
ARTICLE I
SEPARATION
1.1
It shall be lawful for Husband and Wife at all times hereafter 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 proceedings. 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 them living separate and apart.
ARTICLE H
DIVORCE
2.1
This Agreement is not predicated on divorce. It is specifically understood and agreed by
and between the parties hereto that each of the said parties does hereby warrant and represent to
the other that the execution and delivery of this Agreement is not predicated upon nor made
subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-
defense of any action for divorce; provided, however, that nothing contained in this Agreement
shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting
any action or actions for divorce, either absolute or otherwise, upon just, legal and proper
grounds; not to prevent either party from defending any such action which has been, may, or
shall be instituted by the other party, or from making any just or proper defense thereto. It is
warranted, covenanted, and represented by Husband and Wife, each to the other, that this
Agreement is lawful and enforceable and this warranty, covenant, and representation is made for
the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and
Wife each knowingly and understandingly hereby waive any and all possible claims that this
Agreement is, for any reason, illegal, or for any reason whatsoever of public policy,
unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and
agree that, in any possible event, he and she are and shall forever be estopped from asserting any
illegality or unenforceability as to all or any part of this Agreement.
2.2
It is further specifically understood and agreed that the provision of this Agreement
relating to the equitable distribution of property of the parties are accepted by each party as a
final settlement for all purposes whatsoever. Should either of the parties obtain a decree,
judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the
parties to this Agreement hereby consents and agrees that this Agreement and all its covenants
shall not be affected in any way by any such separation and divorce.
2.3
This Agreement shall survive any decree in divorce and shall be forever binding and
conclusive on the parties. It is understood by and between the parties that this Agreement shall
be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such
decree.
A R TICL E III
EO UITABL E DIS TRIB UTION OF MARITAL PR OPER TY
3.1
The parties have attempted to divide their marital property in a manner which conforms
to the criteria set forth in 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, employability; estate, liabilities, and
needs for each of the parties; the contribution of one party to the education, training or increased
earning power to the other party; the opportunity of each party for furore acquisition 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 part 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 their marriage; the economic circumstances of
each party, including federal, state and local tax ramifications, at the time of the division of the
property is to become effective; and whether the parties will be serving as the custodian of any
dependent minor children.
3.2
The division of existing marital property is not intended by the parties to 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 marital property. The division of property under
this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties.
o
..
3.3
Personal Property_. The parties acknowledge that they have divided their personal
property, tangible and intangible, to their mutual satisfaction. The parties further acknowledge
that they have the cash, accounts, or other tangible and intangible property in their possession
that they wish to have and neither will make any claim whatsoever against the other party for
any other items of personal property or assets that are in the other party's possession. With
respect to any personal property items that have not yet been distributed, the parties shall refer to
the attached Exhibit "A" and "B" which are listings of the personal property items which shall
be retained by each respective party.
3.4
Life Insurance. Each party agrees that the other party shall have sole ownership and
possession of any life insurance policies owned by the other. Each party agrees to sign any
documents necessary to waive, relinquish, or transfer any rights on such policies to the
respective party who presently owns such policies.
3.5
Subsequently Acquired Property. Husband and Wife agree to waive and relinquish any
and all fight that he or she may now have or hereafter acquire in any real or tangible personal
property subsequently acquired by the other party. Husband and Wife specifically agree to
waive and relinquish any fight in such property that may arise as a result of the marriage
relationship.
3.6
Pension, Retirement. Profit-Sharing. Wife agrees to waive, relinquish or transfer any
and all of her right, title and interest she has or may have in Husband's pension through his
present or prior employment. Wife hereby waives, relinquishes and transfers any and all right,
title and interest she has in any present retirement account, as well as other accounts that
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 fight, title and interest
he has or may have in Wife's pension through her present or prior employment. Husband hereby
waives, relinquishes and transfers any and all fight, title and interest he has in any present
retirement account, as well as other accounts that Wife may have in her individual name or may
have secured through her present or prior employment.
3.7
Vehicles. The parties acknowledge that they own a certain 1999 Pontiac Grand Am
vehicle which has an encumbrance due and owing to Mellon Bank. The parties agree to sell the
vehicle for EIGHT THOUSAND DOLLARS AND XX/100 ($8,000.00). The parties agree that
the full amount received from the sale shall be applied to the debt owing on the vehicle, leaving
a remaining balance owed of $5, 328.00. Wife agrees to pay Husband ONE THOUSAND NINE
HUNDRED FIFTY DOLLARS AND XX/100 ($1,950.00) in full satisfaction of her obligation
for the remaining balance. Husband agrees to assume the remaining balance of $3,378.00.
Husband and Wife agree to execute any and all documents necessary to complete the sale of the
aforesaid automobile.
The parties acknowledge that Husband has and shall retain sole and exclusive ownership
and possession of the parties' 1990 Chevrolet Blazer, which was originally titled in the parties
name jointly. Wife shall execute the title to the vehicle within fifteen (15) days upon request to
do so by Husband or Husband's legal counsel. Wife shall make no claim whatsoever relative to
,
· ,
·
access to or use of the aforesaid vehicle and shall make no ownership claims of any nature
whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward.
3.8
Intangible Personal ProperO,_. The parties have already transferred or waived fights and
interest in other intangible personal property, including their various bank accounts, credit union
accounts, and the like. Each party agrees to sign any documents necessary to close any joint
accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim
of any nature whatsoever against the other party relative to the financial accounts or other
investments or intangible personal property that have already been retained by that party as
described herein.
3.9
Taxes. The parties agree to divide equally any tax rebate received for the year 2001.
ARTICLE IV
DEBTS OF THE PARTIES
4.1
The parties acknowledge that they have outstanding debts or liabilities due and owing to
a Discover and Citi Bank MasterCard account. From the date of execution of this Agreement
forward, Husband shall retain sole and exclusive responsibility and obligation for the repayment
of the aforesaid Citi Bank MasterCard debt. Wife shall retain sole and exclusive responsibility
and obligation for the repayment of the aforesaid Discover debt. Husband and Wife shall
indemnify each other and hold the other harmless from and against any and all demands for
payment or collection activity of any nature whatsoever relative to the aforesaid credit card debt
that each has assumed.
4.2
Each party represents to the other that except as is otherwise set forth in this Agreement,
and more particularly as set forth in subparagraph 4.1 above, there are no major outstanding
obligations of the parties; that since the separation neither party has contracted or any debts for
which the other will be responsible and each party indemnifies and holds harmless the other for
all obligations separately incurred or assumed under this Agreement.
ARTICLE V
WAIVER OF SUPPORT
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 likewise waives any additional fight or claim of any nature whatsoever relative to
alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and
expenses against Husband.
ARTICLE VI
MISCEL LANEO US PR 0 VISIONS
6.1
Advice of Counsel. The parties acknowledge that they have either received independent
legal advice from counsel of their own selection, that they fully understand the facts and have
been fully informed as to their legal rights an obligation or otherwise understand those legal
rights and obligations. They acknowledge and accept that this Agreement is, in the
circumstances, fair and equitable, 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 further that it is not the result of any collusion or improper
or illegal agreement or agreements.
6.2
Mutual Release. 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 fight, 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 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 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 fight to take
against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary,
or all other fights 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 fights 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 fights 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, not mixed, which the other now owns or may hereafter acquire, except and only
except, all fights and agreements and obligations of whatsoever nature arising or which may
arise under this Agreement or for the breach of any thereof.
6.3
B#nkruptcy. The parties agree that any and all financial obligations assumed herein shall
not be subject to discharge through bankruptcy proceedings. This includes, but is not limited to,
all financial obligations assumed under Paragraph 3.6, 3.8 and 4.1 of this Agreement. In the
event either party attempts to avoid financial obligations described herein through bankruptcy
proceedings the other party shall have an independent claim against the party claiming
bankruptcy for any and all sums that the other party assumes or is required to pay due to the
actions of the party claiming bankruptcy. Further, all rights available to the other party
provided for in Paragraph 6.14 hereinafter shall be available to the party not filing bankruptcy.
6.4
tVarranties. Each party represents that they have not heretofore incurred or contracted
for any debt or liability or obligation for which the estate of the other 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, including those for necessities, except for the obligations arising out of this
Agreement. Husband and Wife each warrant, covenant, 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 is
otherwise specifically provided for by the terms of this Agreement and that neither of them
hereafter incur any liability whatsoever for which the estate of the other may be liable.
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 his or her obligation under any one or more of the articles and
sections herein shall in no way void or alter the remaining obligations of the parties.
It is specifically understood and agreed that this Agreement constitutes the 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 Divorce Code
of the Commonwealth of Pennsylvania.
6.12
Disclosure. The parties each warrant and represent to the other that he or she has made a
full and complete disclosure to the other of all assets of any nature whatsoever in which party
has an interest, of the sources, and amount of the income of such party of every type whatsoever,
and all other facts relating to the subject matter of this Agreement.
6.13
Enforceability and Consideration. This Agreement shall survive any action for divorce
and decree of divorce and shall forever be binding and conclusive on the parties; and any
independent action may be brought, either at law or in equity, to enforce the terms of the
Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The
consideration for this contract and agreement is the mutual benefits to be obtained by both of the
parties hereto and the covenants and agreements of each of the parties to the other. The
adequacy of the consideration for all agreements herein contained is stipulated, confessed, and
admitted by the parties, and the parties intend to be legally bound hereby. In the event either
party breaches the aforesaid Agreement and it is determined through appropriate legal action that
the alleged party has so breached the Agreement, the breaching party shall be responsible for any
and all attorney's fees as well as costs and expenses associated with litigation incurred by the
non-breaching party to enforce this Agreement against the breaching party. In the event of
breach, the non-breaching party shall have the fight, at his or her election, to sue for damages for
such breach or to seek such other and additional remedies as may be available to him or her
including equitable enforcement of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
WITNESSED BY:
Date R
Date '"-J~IFEI~ N.-PRY~R (3- -
,
,
·
COMMONWEALTH OF PENNSYLVANIA ·
COUNTY OF ~' ~.~:'~;~,~)0 [ kC{. ~AC- ·
On this ~t_)-aay of ¥ [."~[[ ¥',.' -. , 2002, before me, the undersigned
officer, personally appeared JOSHUA C. PRYOR, known to me (or 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.
ii/ . .
"-- ITM - i : C/:' '""'": ' i," '- ; 1
Notarial Seal | '
Karisa J. Lehman, Notary'Public
Carlisle Bore, Cumberland County
My Commission Expires Aug. 25, 2003
COMMONWEALTH OF PENNSYLVANIA ·
COUNTY OF (~. ,:.3m"~, ~ '-O~_.~-L- C~,..-~,.h .
On this .,"~ ~'2~ ,~
' day of *.~ ~.a-~i~, 2002, before me, the undersigned
officer, personally appeared JENNIFER N. PR¥OR, 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.
Member, Pennsylvania AssocIation of Notaries
PERSONAL PROPERTY TO RE RETAINED BY HUSBAND
1. Sony stereo system (with 6 speakers)
2. Sony TV
3. Leather R¢¢lincr
4. ½ Dishes and Silverware
5. Six Foot Shelf
6. White Armoire
7. Blanket Chest
8. Tools
9. Utility Trailer
10. Bar with Two Stools
11. Double Bed with Headboard
12. Plastic Utility Shelf
Exhibit "A"
PERSONAI~ PROPERTY TO BE RETAINED BY WIFE
1. 27" TV
2. Washer and Dryer
3. Table with Four Chairs
4. Couch
5. Wood Rocking Chair
6. Microwave
7. White Dresser
8. Hutch
9. Vacuum Cleaner
10. Filing Cabinet
11. ½ of Dishes and Silverware
12. Lawn Mower
13. Plastic Utility Shelf
Exhibit "B"
JOSHUA C. PRYOR, · IN THE COURT OF COMMON PLEAS OF
Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA
v. · CIVIL ACTION- LAW
JENNIFER N. PRYOR, · NO. 01-2041 CIVIL TERM
Defendant · IN DIVORCE
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 §3301(c)
(Strike out inapplicable section).
2. Date and manner of service of the Complaint: By certified mail, restricted delivery to
Defendant, Jennifer N. Pryor, on April 19, 2001.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce
Code: by Plaintiff: February 25, 2002 by Defendant: February 25, 2002
(b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code:
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
4. Related claims pending: none
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file Pra¢cip¢ to Transmit
record, a copy of which is attached:
(b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the
Prothonotary: February 26, 2002
Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the
Prothonotary: February 26, 2002
Maryl~as, Esqui~.,
GRIFFIE t~L~SSOCIAT~S
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
£~F CUMBERLAND COUNTY
ST/~. ~FE OF , PENNA.
_~ :.~
JOSHUA C. PRYOR~ _
Plaintiff No. ~,!-2041 ClVTI, TERM
VERSUS
Defendant
DEC tEE IN
DIVORCE
AND
NOW,.
~-.,O ( i ({ Z<3~2_ It IS ORDERED AND
DECREED THAT joshua C. Pryor , PLAINTIFF,
AND Jennifer N. Pr¥or , DEFENDANT,
ARE DIVORCED fROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YEt BEEN ENTERED;
The parties' Separation and Proper.ty Settlement Agreement dated February
25 2002 is incorporated herein_L but not merged.
By ThE COUrt:
ATT j.
PROTHONOTARY