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HomeMy WebLinkAbout01-5524 II ,: I GREGORY L. OLEY, ) IN THE COURT OF COMMON Plaintiff I PLEAS OF CUMBERLAND COUNTY, ) PENNSYLVANIA ) vs. I CIVIL ACTION - LAW ) ) NO. 2001-6::T:;2i.f CIVIL TERM DONNA R. OLEY, I Defendant ) IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 2 II 'I I GREGORY L. OLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DONNA R. OLEY, Defendant NO. 2001-65;;;Lf TERM CIVIL IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, GREGORY L. OLEY, by his attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is GREGORY L. OLEY, an adult individual who currently resides at 715 16th Street, New Cumberland, Cumberland County, Pennsylvania. 2. The Defendant is DONNA R. OLEY, an adult individual who currently resides at 715 16th Street, New Cumberland, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Common- wealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 25 September 1999. 5. There have been no prior actions of divorce or annulment between the parties. 6, This marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 3 II II 8, The Plaintiff requests this Court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to the Divorce Code of Pennsylvania. I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). s. DATE:~DSt:?\~C6\ .OLEY s~~ Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 4 ~5{. t~ ~ )i:(", ~~ ~~~ ~ o S c:::r ?, i"'1"'1 .'U f'...) :.::: .,"."" ~ ---+:, In ~ R "j-. .,:; ~ 00 C: ~~ ()Q ..)< '-0- ~ (f\ - ~5._-r C?) 0~ "- ._)~ \0 0 \ I.,.- ':.1~ 1') <> '" ~ ::~J Vi lr) -O.J. "* >- @ .: i~r; ["- <::::.J ~ ( '. ?' --... - /n. (t... LU L.. "(1- t./'; ~j : ~J U M >! f- a (fJ . !: . .. ~ " <: ~ f- Z " z .., ~ . ~ ~ ... f- ~ .., < . >- .. >< >-1 >- . 0 <Il '" ~ . z H z f- a z '" , .. !l: ~ ,,; 0- a f- ::J " :;: ... 0 '" ... z z <Ii <: >- 0 r.fJ N a 0 :>: '" .., II GREGORY L. OLEY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DONNA R. OLEY, NO. 2001-5524 CIVIL TERM DEFENDANT IN DIVORCE ACCEPTANCE OF SERVICE I, DONNA R. OLEY, hereby accept service of the original Complaint in Divorce and acknowledge receipt of a copy of the Complaint. Date:_{ {J- ((,,-0\ ~~Kc04 D' NA R. OLEY GREGORY L. OLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 2001-5524 CIVIL TERM DONNA R. OLEY, Defendant IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE COD~ 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. 0b'0 I oppose the entry of a divorce decree because ~ (Check (i), (ii) or both): e The parties to this action have separate and apart for a period three years. not lived of at least (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b); (a) I do not wish to make any claims for economic relief. Ii 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. /~ I wish to claim economic relief which may include a~y, division of property, lawyer'S fees or expenses or other important rights. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of IS Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: il-II-"'.:'> .< /\ .J ) f)J1AR. ,r( 0 h; i- NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economj.c relief, you need not file this counter-affidavit. 0 (';.) 0 C <.".) -n g: z: -()t-{,. :::::> -;;$ rnrr: ,>c,- 2 .,' Zi";" en'T,;' G) ~t -'~-:I() -0 '-~~l~D ~ -- ~c .- _:-~:J ci '-2 ~<~~ f;'1 ;;>c:-: :::::'t -/' => ?5 ~ Ul '-< GREGORY l. OlEY, PLAINTIFF 11\1 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVil ACTION - lAW vs. 1\10. 2001-5524 CIVil TERM DONNA R. OlEY, DEFENDANT IN DIVORCE I hereby enter my appearance for the Defendant, Donna R. Oley, and accept service of the Complaint and the Affidavit under 3301 (d) of the Divorce Code on her behalf and accept copies of both. ACCEPT ANCE OF SERV'CE Date: 12 October 2003 g C) ~ w ;;-: 0 ~:t.1.i ~?tl ;...'1 n fYlF ~~ , ~:q~ 1') .,-,J i'" ") ~,-,- <:;5~. 1<::0 -0 -'~:n ~(". ::t: ~C) ~~ - "2m ., ~ ~ ~ -J GREGORY L. OLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2001-5524 CIVIL TERM DONNA R. OLEY, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 24 September 2001 and served upon the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and 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. , 2..J..JJ ., C~Y~EY~ ,0e.iJ Date ....,~ L.~ GREGORY L. OLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2001-5524 CIVIL TERM DONNA R. OLEY, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 IC) 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 Waiver are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Feb Date 25" 2.00'5"' J ~?~ GREGORY L. OLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 2001 -5524 CIVIL TERM DONNA R. OLEY, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT (I) A Complaint in divorce under Section 330 I (c) of the Divorce Code was filed on September 24, 2001. (2) The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. (3) I consent to the entry of a final decree of divorce. (4) I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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: ;}.....~ ~'S ~ A. o~__ DONNA R. OLEY, DEFENDANT ~ -r '5 fj'-, :> 7ft \ - ------ -<> :> - ~, V" CI GREGORY L. OLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 2001-5524 CrVIL TERM DONNA R. OLEY, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE (I) I consent to the entry of a final decree of divorce without notice. (2) I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses i fI 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. Date: J. - "d--5" -O~ (({) DONNA R. OLEY, DEFENDA 7J :; --:t:--- b' $. -;J! ~ " - --0 '> "'., c GREGORY L. OLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 5524 CIVIL DONNA R. OLEY, Defendant IN DIVORCE ORDER OF COURT AND NOW, this " Cfe.- I [; 4' 1 day of .fULl. 2005, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on February 25, 2005, the date set for a conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, cc: l~muel L. Andes Attorney for Plaintiff ~ohnna J. Kopecky Attorney for Defendant 0-, ...J C ( C\,O? ~,\ o SZ : I i:d 81 ~LN SCOz AHV1C><':,~~"iJU:..::d :Ji'-LL :1:,\~,jO"{}31H 1(' :JU . . GREGORY L. OLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION - LAW DONNA R. OLEY, Defendant NO. 01-5524 CIVIL IN DIVORCE THE MASTER: Today is Friday, February 25, 2005. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Gregory L. Oley, and his counsel Samuel L. Andes and the Defendant, Donna R. Oley, and her counsel Johnna J. Kopecky. This action was commenced by the filing of a complaint in divorce on September 24, 2001, raising grounds for divorce of irretrievable break down of the marriage. Counsel for husband has provided the Master with an affidavit of consent and a waiver of notice of intention to request entry of divorce decree which will be filed by the Master's Office. Ms. Kopecky is going to file her client's affidavit and waiver within the next 3 to 5 days. The divorce, therefore, can be concluded under Section 3301(c) of the Domestic Relations Code. A claim for equitable distribution was raised by the Defendant on May 13, 2004. There are no claims raised by either party for alimony or counsel fees and costs. Master has been advised that after negotiations among the parties and counsel this morning, an agreement has been reached with respect to the outstanding economic issue of equitable distribution. The agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during . the transcription. Upon the transcription of the agreement, the Master will send it to counsel for review for typographical errors, corrections, if any, will be made, and the agreement will be presented to counsel for signing by the parties affirming the terms of settlement as stated on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment. The parties were married on September 25, 1999. It lS stipulated that they separated on September 20, 2001. The parties did not have any children of this present marriage although both parties have children of prior relationships. Mr. Andes. MR. ANDES: The parties have agreed to settle the economic claims in this action on the following terms: 1. Husband shall convey and transfer to wife into her name alone the residence at 715 16th Street in the Borough of New Cumberland, Cumberland County, Pennsylvania. He will execute and acknowledge a deed and deposit that with his attorney so that it can be delivered to wife's attorney in time to conclude the settlement on her refinancing of the mortgage in accordance with paragraph 2 hereof. After the transfer, the house shall be wife's sole and separate property free of any further claim of husband. 2. Wife shall refinance the mortgage which currently encumbers the property and is owed to Midland Mortgage Company and accomplish that refinancing within 45 days of the date of this agreement. At the time she refinances it, she shall obtain husband's release from any obligation to Midland Mortgage Company by satisfying that debt and shall further make a cash payment to husband in the amount of $14,000.00. The payment shall be treated by both parties as equitable distribution. Husband shall arrange, through his attorney, to deliver the deed to the residence in time for wife to conclude the settlement on the refinancing of the house so that she can make the payment to him and satisfy the Midland Mortgage Company at that time. In the event that wife fails to complete the refinancing within 45 days, the parties shall, at husband's option either list the house for sale with a real estate sales agent or either party may ask the Court to partition the property to control its sale thereafter. Upon the sale of the property, the Midland Bank Mortgage will be paid in full. Husband will be paid the sum of $14,000.00, and wife shall retain the balance of the sale proceeds. 3. Husband shall retrieve from the marital residence a 27-inch television set and the bottom portion of an entertainment center. The parties have agreed that husband shall come to the residence at 1:00 p.m. on Sunday, March 6th, 2005, to retrieve those items. After husband has retrieved those items, the parties acknowledge that their personal property has been divided to their mutual satisfaction and each party shall retain, free of any further claim by the other, the items of household furnishings and tangible personal property then in their possession. 4. Husband shall retain, free of any further claim by wife, all of his benefits within the Federal Employees Retirement System, his account with the Thrift Savings Plan with the United States Postal Service, his account with American Funds, all United States savings bonds issued in his name or in his possession, and any automobile currently titled in his name or in his possession and any and all other bank accounts or other accounts or assets with financial institutions currently in his possession or titled in his name. Wife shall retain, free of any claim by husband, her benefits within the Federal Employees Retirement System, her account within the Thrift Savings Plan with the United States Postal Service, any motor vehicle currently titled in her name or in her possession, and any and all accounts in Commerce Bank or any other financial institution currently in her possession or titled in her name. Each of the parties waives any further claim to or against any of the assets named in this paragraph or any other asset currently held by the other party or titled in the other party's name. 5. With the exception of the matters addressed in this agreement, each of the parties waives any further claims for equitable distribution of marital property. Each of the parties acknowledges that they have received advice from their attorneys, that they are aware of the law of Pennsylvania and their right to force discovery and disclosure of information, and that they are familiar with their right to have the Court divide their property. Knowing all of this, the parties waive those rights and agree to accept the terms and provisions of this agreement in full satisfaction of their claims for equitable distribution. 6. During the marriage, the parties incurred various debts including two credit cards in wife's name, one owed to Bank One and the other owed to Capital One Visa and a loan from husband's parents. Wife agrees that she shall be solely responsible to pay and satisfy the two credit cards in her name and husband agrees that he shall be solely responsible to pay and satisfy the debt owed to his parents and each of the parties agree that they shall indemnify and save the other harmless from any claims against the other party resulting from their failure to pay those debts. The parties further represent that there are no other debts owed at the time of separation which have not been provided for in this agreement. 7. The parties each waive and surrender any claim they may have against the other for spousal support, alimony, or alimony pendente lite and for counsel fees or expenses. Again, the parties acknowledge they have been represented by counsel and have had their rights under the law of Pennsylvania relating to these matters explained to them and their right to have the Court decide these issues if the parties cannot agree. The parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have to spousal support, alimony, alimony pendente lite or counsel fees and expenses. 8. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and releases 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, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. 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 interests, rights, and claims. Except for the provisions of this agreement, there is no other understanding or agreement between the parties relating to the disposition of their marital claims and all prior representations, understandings, or undertakings between the parties relating to such matters are merged into this agreement and shall no longer be separately valid or enforceable. This agreement shall be interpreted and applied and enforced if necessary by the courts of the Commonwealth of Pennsylvania in accordance with the law of the Commonwealth of Pennsylvania. MR. ANDES: Mr. Oley, you heard the agreement I just dictated. Do you understand it? MR. OLEY: Yes. MR. ANDES: Do you have any questions about it? MR. OLEY: No. MR. ANDES: Is that -- are those the terms we agreed to today? MR. OLEY: MR. ANDES: MR. OLEY: Yes. And are you satisfied with those? Yes. MS. KOPECKY: Miss Oley, did you hear the terms of the agreement as dictated by Attorney Sam Andes. MS. OLEY: Yes. MS. KOPECKY: And they are the terms that you've accepted and agreed to today? MS. OLEY: Yes. MS. KOPECKY: Do you have any questions regarding any of those terms or is anything not clear as far as the terms were related? MS. OLEY: No. MS. KOPECKY: Are you willing to accept -- the terms of those agreements today? MS. OLEY: Yes. MS. KOPECKY: Okay. Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: ~ ~.~~ ~r2/ 3- 3/-0!) 110M. fi' t?~ GREGORY L. OLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION, LAW NO. 200\- .552<\ DONNA R. OLEY, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 Ie). 2. Date and manner of service of the Complaint: Acceptance of Service filed bv Plaintiff's counsel indicatinq service on or about 16 Ocrober 2001. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: 11V\~.2.;Q,:> By Defendant: I M>'4. 4::05 (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: (2) Dare 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 Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated: Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated: Date: 1~;::' fffJ By SI ~~~~~LQ S~I L. An~ Attorney for Plaintiff C) ~-- .-.> c:::> c:l ~" -- -,. ';.-;:;." ....'c. o o ...1 ~-n ~~~~~ ,~'; ~....- c" \ "'/2, "";'-" . -j-:-:-: c'.;.l.....' --:.\. - .:!t ...c:;, ::- .r;.- + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +. + + +. + +. +. +. +. + + + +. + +. +. + +. + + +. + + + + +. +. +. + +. + ~~+~+++++++++++++++++++++++++++++++++++++++++++? ++++++++++++++ ++++++ ++++++++++++++++++++++++++++++++++++++~ + + + + + + +. +++++ +.++++++++++ + +. + +. + + + + + + + + +. + + + + + + +. + + + + +. + + + + + + + + +. + +. + + + + + + 4" 1" :f + + .> + + . + + + + + + + + + + + + + + + + + + + + + + + + + + + +. + +. +. +. +. + +. +. +. + +. + +. +. + +. +. + + +. +. +. +. '" ... .. ~+++++++++++++++++ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY GREGORY L. OLEY, PENNA. STATE OF Plaintiff No. 2001-5524 VERSUS DONNA R. OLEY, Defendant DECREE IN DIVORCE J3'o4/.I11. ,4i~ '7 2005 , IT IS ORDERED AND AND NOW, GREGORY L. OLEY , PL/\INTIFF, DECREED THAT DONNA R. OLEY ,DEn:NDANT. AND 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 OFWER HAS NOT YET BEEN ENTERED: NONE ) /~ (8 :_::'H_E . ATTEST: J. {?~"O~HOHm^"' T++++++'f++ ~~..--/ kv f:! "'-r7>U nrN, J(/ J')/ rc'- ~~ ~-7 ~v,/ ~ ;F;;J 50 'N' .. <. ~ " " .