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HomeMy WebLinkAbout94-01001 (. , ~ ~'~'~~~~~~~~~~-~--~~--')'~~~~:~~~',~:~~ ~,-- ~ $ " :;f i ~.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .. PENNA. ,', ~ ~ ~ W <:, w ~. 8 .', ~ ~ ',' . ANGELA.~~ URIc:H, PLAINTIFF , ...... d' :1 d N (), ..1..9.9.L........ g,~'yJ;~.., 1994 w. ... .. . . . - . . . . . . ; W <:, Vel':ms w. ',' JOHN CRAIG URICH, .."..... .. 8 DEPENDANT ,I ~ ',' " ~ ',' ~ DECREE IN ~ DIVORCE AND NOW, ,.... ..V~,..~.........., 19. ~,'\.., it is ordered and decreed that ~~~~~,~ ,~!~ ,~~~,~, """""" ",.""""..." plaintiff, and ,~,QI1t!, ~~~;r~, ,qJn~,If., , , " , " , , , ", , " , " . , , , , , , , , ""'" defendant, are divorced from the bonds of matrimony, ~ ~l .. ~ ,', w. ',' ,~ ~ ,'; ~ ~ ',' * $ 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; NONE ~ ~ ~ ',' 8 ,,~ry~, ,/o!'!n,t,~l, ;>~,t,q!l,"~l)j;.l\g~~~,I1)~I,1!:, ,cl~j;~, incorporated into this Decree In D ~ ',' ~ ,,' ^ Hest: ~ ~ :1 _.._ . /-*;. .4t;. .:.; ~~4 ProthonotAry ~~d:, .()H , . ,. --. , ~ ~ ~.' .~.:. .~.:. .:.:. .:.:. .:.:. .:.:. -:.:. .:.:. .:.:. .:.:. .:.:. .:.:. -:.:. .:.:. .:+:- .:.:' .:+:. .:+:. .:.:. .:.:' ':+:. .:.:.' A.-~..... ~it...",.-. .... :..' ::<i. . .. ~ , . s ~ w. ,. e S $ ~ ,;- ~ " 8 w. ,. ~ .' $ $ 8 !, $ ~ a '. s w ... ~ ~.~ ~ :' ~ ,~ w. ., ~ ..~ ~ .'. * ~ (~ ~ ~ ~ J. * ." I: !~ " )~ ,.. , . ':0 /'.f I~ , -, . ~ /rtd ~/9P' f' ANGELA LYN URICH, PLAINTIFF : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . . . v. NO. lOOl Civil 1994 . . . . JOHN CRAIG URICH, DEFENDANT. . . IN DIVORCE . . PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service, dated March l5, 1994. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 330l(c) of the Divorce Code: by plaintiff June 2, 1994; by defendant June 2, 1994. (b) (l) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: N/A; (2) date of service of the Plaintiff's affidavit upon the Defendant: N/A. 4. Related claims pending: . None 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which notice is attached: N/A . /hrnut., IJ ,!~ Thomas D. Gould Attorney for Plaintiff MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ')..d day of iTull t , 1994, by and between John Craig Urich, (hereinafter referred to as "Husband,") and Angela Lyn Urich, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on November 1, 1986; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, there were no children born of this marriage; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understand and agree that neither shall do or say anything to the child of the partios at any time which might in any way influence the child adversely against the other party. 1 , ( , , I I, I '1 I , , I . I ) ,/ I I , 3. DIVISION OF PERSONAL PROPERTY The parties have agreed to divide between them and already have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. Neither party will make any claim to any such items which are now in the possession or under the control of the other. 4. JOINT BANK ACCOUNT The parties are the owners of a joint account at Meridian Bank, account # 323l-9807. Husband agrees to give wife $7,500.00 from that account. Wife agrees to release any rights she may have to the remaining balance in the account. 5. AUTOMOBILES The Wife is the owner of a 1994 Toyota and Husband is the owner of a 1977 Ford LTD prior to their marriage. The rights and titles to these vehicles are and will remain individually with their respective owners. Each party shall maintain separate insurance on their vehicles and be responsible for any and all loan payments related thereto. 6. DIVISION OF REAL PROPERTY The real estate owned by the parties as tenants by the entireties situated at 1108 White Dawn Road, Mechanicsburg, Cumberland County, Pennsylvania shall be conveyed in fee simple to the Husband. Husband shall assume full responsibility for the payment of the existing mortgages and notes. Husband shall indemnify and save Wife harmless from any liability on the accompanying mortgages and notes. Husband and Wife agree to make every effort to have the mortgages and Notes placed solely in the name of Husband. If that is not possible at this time, Husband agrees to make inquiry and/or application from time to time in an attempt to obtain the release of the Wife's obligations under the Notes. In exchange for the release of her interest in the marital home, Husband agrees to pay wife the sum of $ 1l,440.50. 7. MARITAL DEBTS Husband shall be responsible for all marital debts solely in his name and Wife shall be responsible for all marital debts solely in her name. Husband agrees to assume sole responsibility for the mortgage. 2 8. FILING OF IRS RETURN Husband and Wife filed a joint tax return for tax year 1993. The 1993 tax year refund of $542.24 is to be divided equally between the parties. Husband and Wife agree to file separate tax return for tax year 1994 and in all future years. 9. DIVORCE The parties agree to cooperate obtaining a final divorce of the marriage. the signing of this agreement parties will necessary consents to obtain the divorce. with each other in It is agreed that at execute and file the 10. SUBSEQUENT DIVORCE Nothing herein contained shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the parties shall be bound by all of the terms of this agreement. 11. MERGER/INCORPORATION This agreement may be merged with and incorporated into any subsequent Degree in Divorce. l2. CONTINUED COOPERATION The parties agree that they will within fifteen days after the execution of this agreement execute any and all written instruments assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this agreement. 13. BREACH If either party breaches any provision of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 14. VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 3 15. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 16. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. l7. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 18. PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void and of no affect. 19. ENTIRE AGREEMENT This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 21. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 4 IN WITNESS WHEREOF, the parties set the thnnM Ii). ~./ c:.!)) 90/ witness I Date John Crai Urich ~evJ /) ~ ~ l~.fq 'f ~~~~ Witness Date gela Lyn Urich Commonwealth of Pennsylvania: : ss County of Cumberland f)!i. ~ PERSONALLY APPEARED BEFORE ME, thisbl day of this , 1993, a notary public, in and for the Commonwealth of Pen ylvania, John Craig Urich, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~'I!!~ No ary Public Commonwealth of Pennsylvania: : ss Notarial Seal Leola M. Coats, NaaIy PtbIc 5I*llmanstown Boro. CtIOOeI1and Ccu1Iy My Commission E>cpirus 1'jlriIB, 1996 County of Cumberland ~ PERSONALLY APPEARED BEFORE ME, this~ day of this ~ ' 1993, a notary public, in and for the Commonwealth of Pennsylvania, Angela Lyn Urich, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. J!JJ~ lfr}, ~rab Notary Public 5 Notarial Seal Leola M. Coats, ....... PtbIc ~Boro,~ My Ccmn1I8Ic:w1 E>cpirus 1'jlriIB, ~ .'.lJ7uJlJIf(J (/'. ',fifml'; . .\rTnr.~~ll AT l.A'"" ;' I MAlrj' !I.l ( T '. ". ..,,01 H,qj' ,',r. ,'t",'l!;1 711 / tl 1.1,,1 '. -=r en " '.~.- '-' ..... c-, '" r.' ,., --, ~ 0 1 " Q ~ ... - ~ ~ ~ ~ iD ... a: Z 'If < ... ~ i r;;;!.. )0 U) 0 Pi \,:)1 w Z ... " z :( U) I ~ a: X z " ~ w ~ ;:: !( N ~ ~ ~ .' .' ANGELA LYN URICH, . IN THE COURT OF COMMON PLEAS . PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA . . . /00/ v. . NO. Civil 1994 . . . JOHN CRAIG URICH, . IN DIVORCE . DEFENDANT. . . NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanov~r and High Streets, Carlisle, Pennsylvania. 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 Court Administrator Cumberland County Courthouse Fourth Floor Hanover and lIigh Streets Carlisle, PA 17013 (717) 697-0371 COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE ANGELA LYN URICH, : IN THE COURT OF COMMON PLEAS PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 100 { Civil 1994 . . . JOHN CRAIG URICH, . IN DIVORCE . DEFENDANT. . . 1. The plaintiff is Angela L. urich, who resides at 1101 Lindham Court, Apartment 80l, Mechanicsburg, Cumberland County, pennsylvania, 17055. 2. The Defendant is John C. urich, who resides at 1108 White Dawn Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 1, 1986 in Cumberland county, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United states or any of its Allies. ~ '-'., ~ ..... ~ ~ '" r-N") -=r ~ ! :;n , 3~ .. ..... - ~~ -- ..." III ~, e, ~ :t:- n, 0 -;, ~q) <;, -;, e ~ ~ ltl , 0 V') "J ...s> --. ~ - "" ~ - -l,t = ~ ~] ~~g < '" < ..J W Q, - t- 0: .10 ~. < I- Z! >- '" ~ I J ~~g~ a: < U) I o :E Z " ~ loi ~ ;:: < N ~ ;: ~ Ul . . ANGELA LYN URICH, . IN THB COURT OF COMMON PLEAS . PLAINTIFF . CUMBERLAND COUNTY, PBNNSYLVANIA . . . v. . NO. 1001 civil 1994 . : JOHN CRAIG URICH, . IN DIVORCE . DEFENDANT. . . ACCEPTANCE OF SERVICE I, John Craig urich, accept service of the Complaint In Divorce in the above captioned matter. Dated: 3/g} I ' 9tt f1.oL ~""~J.,,,A John raig Urich 1108 White Dawn Lane Mechanicsburg, PA 17055 DEFENDANT ~J..'''';'.o.:.!S''~'' ~ ~ . = .-,: ,., .... -.. .~ .- "'h,,=" !ll, U':'.' r '.'0"-' " CT) ,'Jr .. ;7C J -' .. z '" -, v. . . NO. 1001 Civil 1994 ANGELA LYN URICH, PLAINTIFF . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . . . . . JOHN CRAIG URICH, DEFENDANT. . . IN DIVORCE . . AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 2, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety ( 90) days have elapsed from the date of the filing of 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: ~lj 9'1 I I ~~r~~ -=r ~ . :- ,,- ...-t.#- \u:-:--':'..t .~ :\::.r = .." ,., M o. " - - CT) :z: ~--1- -=; ,:;L~ . ANGELA LYN URICH, . IN THE COURT OF COMMON PLEAS . PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 1001 Civil 1994 . . . JOHN CRAIG URICH, . IN DIVORCE . DEFENDANT. . . AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 2, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: (g/~/q4 ~t(vt Ih'~ Angela Lyn Urich ~ ~ . ~:: ;! .- *! ;'/"'/ U.., -;J _. --.".'., = .." ,., M . CT) "" -=: ., f,,- )''';> ~........ ANGELA LYN URICH" Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 100l-Civil-1994 . . JOHN CRAIG URICH, Defendant : CIVIL ACTION - LAW IN DIVORCE PRAECIPE POR ENTRY OP APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jennifer L. Lehman, Esquire and Cleckner and Fearen on behalf of Defendant, John Craig urich. Respectfully submitted, CLECKNER AND PEAREN By: ':f .. ~. . JE IFER L. LEHMAN, ESQUIRE supreme Court I.D. 152784 31 North Second Street Harrisburg, PA 17101 (717) 238-1731 Date: J(jllf; J. ,qQ<! ..... ""- :;n .:: ~. :0:: ". ~. , ...., ~~'j' .- '" ";:,', "" c - - -- co z '" .0 -, ANGELA LYN URICH, PLAINTIFF . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1001 civil 1994 : : v. : . . JOHN CRAIG URICH, DEFENDANT. . . IN DIVORCE . . AFFIDAVIT OF INTENTION TO RESUME PRIOR SURNAME COMMONWEALTH OF PENNSYLVANIA : . . COUNTY OF CUMBERLAND : ANGELA LYN URICH, being duly sworn according to law, deposes and says that she is the Plaintiff in the above-captioned divorce action in which a final decree from the bonds of matrimony was entered and she hereby elects to resume her prior surname of ANGELA LYN DOHRMAN and, therefore, gives this written notice avowing said intention, in accordance with #704 of the Act of November 15, 1972, P.L. 1063, 54 PA.C.S.A. 704. ~~Gf~~ To be known as (l~~ 4,-~ Angela Lyn Dohrman Sworn and subscribed to lit /, day of NotarIal Seal l.8aIa M. Coats. ~ PI.tk Sl~~,..""",, Bcro. CIIItirfand CariIy loti Coo........, E>piresApilB. 1996 'i;t;;i'., '::'.~";~' ~}hj~:-'~.'.~~' ;~:'~;:_'~.~- <~ ~~ ~):~:;~~'-:;~~:'i}'-::' ~-_-:'.~ 't,~.~. ;,' ..,;-,:". ~.;_~.~:\t_ :~;' :;r~ ',:;~; >-~~+~>:~{,:~t:',:;.L:~~;<1;::\ i(;};'y.:' -~l.~: . ~t1>,t:'\~;'~~;Z~~~ :t-(.'J;,t.....:'J'),..r:...<~::>,~'t': , , . ",-. 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