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Home My WebLink About94-01245 l.cJ ":::t- \'6 '" ________~~M_________)~~~._~_~~~ ~ -- lW ~ 8 : IN THE COURT OF COMMON PLEAS : 8 $ ~ ~ " ., ~ 8 .. ., ~ .' ~ ~ ., ~ ',' 8 ~ ',' ,'. ~ ~l ',' ~ I~ .. ., ~ ~ ~ '.' ,'. ~ ~ ~ ~ <;', ,.; ~ $ ,'. ~ ~'. !' ,'. ~ W <;', .:. ~ ~ ~l ~l 7.__ :~:. .~. . - , , '-,',-' ~..'."-' ,. ,.- ,--. -~--, _.-, ~ - ~-~ --- --- - , , _.~, . , ,~ .,**~***~**-***~*-**~~' OF CUMBERLAND COUNTY STATE OF '* PENNA. WILLIAM B. FLOYD, ",'..,...... , 'PI~jntifr. . .,. II q N o. ...}~~.L....... 9,y.,~,L.., 1994 I '! Versus ROSE ANN FLOYD, ., ;1 Defendant DECREE IN DIVORCE AND NOW, .,'~~.. ~., ,., ." '. 19.9~, ,.. it is ordered and decreed that ".,.,... ,~I.L,L,I,^!,! ,~', ,r:L,q~ , . , . . , , , . . , . . . . , . , . , . ". plaintiff, and....,.... ..~Q~~.~,f~QYI?.,..........."...............,. defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in fhis action for which a final order has not yet been entered; NONE Allest: ~;~ ~.~~ Prothonotl\ry $ $ ~ ~ $ 8 . ~ ,'~ ~ ~ 3 ~ .' !~ ~ ~ 8 $ 8 .... ',' ~ ~ ~ / ~ t ... ~ ~.' ,', ~ ,'. ~ w ., .', ~ ~ ~ ',' ,'. ~ J. (~ 1~ ~ ',' l~ . . , , . . ......-- .. r' . >1~ ~7./,9{/ . , . .. . .. MARITAL SETTLEH!HT AGREEMENT INCLUDING CUSTODY/VISITATION THIS AGREIlHENT, made this ~ of June, 1994, by and between: WILLIAM B. PLOYD, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Husband", *AND* ROSE ANN PLOYD, of Lemoyne, Cumberland County, Pennsylvania, hereinafter referred to as "Wife", II. IlK I .s. .s. 11 H: WHEREAS, the parties hereto are Husband and Wife, having been lawfully joined in marriage July 7, 1982, in Enola, Cumberland County, Pennsylvania; WHBREAS, two children were born of this marriage: stacey Lynn Floyd, born December 29, 1982 and Anthony Blaine Floyd, born July 10, 1985; WHBREAS, differences have arisen between Husband and Wife in conse- quence of which they desire to live separate and apart from each other; and WHBREAS, the parties desire to confirm their separation and make arrangements therewith, including the division of their martial property and other rights and obligations growing out of their marriage. NOW, THEREPORE, in consideration of the covenants and promises here- inafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is here- by agreed as follows: . . . . 1, MUTUAL RELEASE: Subject to the provisions contained in this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, forever release and discharge the other of and from all causes of actions, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except a cause or causes of action for divorce or all causes of action for breach of any provisions of this Agreement. Further, each party, subject to the provisions contained in this Agreement, releases and forever discharges the other from any and all claims one may have against the other arising out of this matri- monial action, including, but not limited to, alimony, alimony pendente lite, equitable distribution, counsel fees, costs and expenses. 2, CONSIDERATION: The consideration for THIS AGREEMENT shall be the mutual promises and covenants contained herein. 3. NO INTERFERENCE: Each party shall hereafter be free from inter- ference, authority and control, direct and indirect, by the other as fully as if he or she were single and unmarried. Neither of the parties shall molest the other, or compel the other, or endeavor to compel the other to cohabit or dwell with him or her. Each may reside at such place or places as he or she may select. Each may, for his or her separate use and benefit, conduct, carry on and engage in any business, profession or employment which he or she may deem advisable. 4. REAL PROPERTY: The parties hereto neither individually, jointly or by the entireties own, or have an interest in, any real property and there- fore. there is no claim to. or division of, any marital real estate, -2- . . . S. PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of all personal property and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. 6. PENSION PLANS: Each of the parties hereby specifically waive, release, renounce and forever abandon all his/her right, title and interest in, or claim to, whatever it may be. in any pension/retirement/profit sharing/ benefit/entitlement plan of the other party, whether acquired through said other parties' employment or otherwise, and hereafter said pension/retirement/ profit sharing/benefit/entitlement plan shall become the sole and separate property of the party in whose name or through whose employment said plan is carried. Wife further hereby specifically waives any interest in, or claim to, Husband's pension through the Teamsters Health & Welfare Pension. 7. MOTOR VEHICLBS: The 1985 Toyoto Forerunner presently titled in name of Wife shall remain her sole and separate property. The 1984 Ford Bronco II presently titled in the name of Husband shall remain his sole and separate property. Each of the parties will pay for the automobile insurance on account of their respective vehicles titled in each of their names. 8. ASSUMPTION OF DBBT: The parties have a joint obligation with Household Finance in the amount of $5,600.00 to Account No. 713303-12-878379-8. Husband shall assume full and complete responsibility for this debt and he shall indemnify and save harmless Wife from any and all future charges and liabilities with respect to the said loan. -3- , , . . 9, HUSBAND'S DEBTS: Husband represents and warrants to Wife that as of the date of the separation he has not incurred, and in the future he will not contract or incur, any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason or debts or obligations incurred by him. Any and all loans, including charge accounts, presently in Husband's name alone shall be Husband's sole and separate responsibility for payment. Husband agrees to indemnify and save harmless Wife from any loss she may sus- tain as a result of any default in payment by Husband. 10, WIPE'S DEBTS: Wife represents and warrants to Husband that as of the date of the separation she has not incurred, and in the future she will not contract or incur, any debt or liability for which Husband or his estate might be responsible and shall indewnify and save harmless Husband from any and all claims or demands made against her by reason of debts or obligations incurred by her. Any and all loans, including charge accounts, presently in Wife's name alone shall be Wife's sole and separate responsibility for payment. Wife agrees to indemnify and save harmless Husband from any loss he may sus- tain as a result of any default in payment by Wife, 11. APTER ACQUIRED PERSONAL PROPERTY: Each of the parties hereto shall hereafter own and enjoy, independent of any claims or right to 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. -4- . . . 12, CUSTODY/VISITATION: Husband and Wife shall have shared legal custody of the parties' minor child, STACEY LYNN PLOYD (DOB: 12/29/92). Husband and Wife shall each have the right to make major parenting decisions affecting the child's health, education and welfare. Each party agrees to consult with the other with respect to those major parenting decisions. Primary physical custody of the minor child shall be with Wife, and Husband shall have temporary physical custody as follows: a. Every other weekend beginning on Friday at 6:00 p.m. until Sunday at 6:00 p.m.; b. The parties may at a later date determine an alternating holiday schedule consistent with their work schedule and the child's best interest, with a goal of both children being together with a parent alternatively on major holi- days and during the Christmas season; c. Husband will have summer vacation. visitation period daughter with him during a period of her The parties hereto will determine that at a later date. 13. CUSTODY/VISITATION: Husband and Wife shall have shared legal custody of the parties' minor child, ANTHONY BLAINE FLOYD (DOB: 7/10/85). Husband and Wife shall each have the right to make major parenting decisions affecting the child's health, education and welfare. Each party agrees to consult with the other with respect to those major parenting decisions. Primary physical custody of the minor child shall be with Husband, and Wife shall have temporary physical custody as follows: a. Every other weekend beginning on Friday at 6:00 p.m. until Sunday at 6:00 p.m.; b. The parties may at a later date determine an alternating holiday schedule consistent with their work schedule and the child's best interest, with a goal of both children being together with a parent alternatively on major holi- days and during the Christmas season; -5- '. . c, Wife will have son with her during a period of his summer vacation. The parties hereto will determine that visita- tion period at a later date. During such time as the child resides with the other parent, that parent shall be responsible for all aspects of the child's care, including medical needs and shall have the duty to immediately advise the other parent of any unusual occurrences or any illness. Each of the parties hereby ack- nowledge that it is important that the child continue to have a relationship with both the mother and father, and each hereby agrees to assert his or her best efforts to insure that those relationships continue and is not in any way adversely affected. The parties further agree and acknowledge that when the child is in their care and custody the respective custodial parent shall take the child to any extracurricular activities or programs which he or she has been enrolled in, 14, HEALTH/MEDICAL INSURANCE: Husband will continue to maintain health/medical insurance on the two (2) minor children aforementioned through his current employer so long as he remains in its employ. Wife is currently on Husband's health/medical insurance and she is to remain on his insurance as long as permissible following the divorce. When it is determined that Wife must be taken off of lIusband's health/medical insurance it is understood that Wife will responsible for her own medical coverage at that time. 15. PAYROLL DEDUCTIONS THROUGH EMPLOYMENT: Husband currently has a payroll deduction through his employer for a Harris Savings/Christmas Club Account (Account No. 0118012413) and the amount of $10.00 is deducted out of his payroll check each week. Husband shall continue to maintain this account and and when said check is issued by Harris Savings in October 1994 for the -~ '. . . proceeds of the Christmas Club Account, Wife is receive the sum of $350.00 out of said proceeds. lIusband currently has a payroll deduction through his em- ployer for a Life Savings Trust with Harris Savings for each of the minor children. The amount of $10.00 per week has been deducted out of Husband's payroll check for Stacey since her birth (Account No. 1-103-721) and the amount of $5.00 per week has been deducted out of Husband's payroll check for Anthony since his birth (Account No. 0100-115-722). Husband shall continue to main- tain this payroll deduction so long as he remains employed with his current employer or until each child attains the age of eighteen years. 16, CHILD SUPPORT: I/usband shall pay Wife for the support of the parties's minor child, STACEY LYNN FLOYD, the sum of Twenty-Five ($25.00) Dollars per week; said payments are to begin on June 15, 1994. Husband will not have to pay any support for the parties' other minor child, ANTI/ONY BLAINE FLOYD, so long as he remains in the primary physical custody of his father. 17, TAX/DEPENDENT EXEMPTIONS: I/usband and Wife shall each have the right to declare one of the aforementioned minor children as a tax/dependent exemption on his/her 1994 Federal, State and Local Tax Returns and for all subsequent tax years so long as each child remains in physical custody with each of their respective parents, as herein specifically set forth in Para- graphs 12 and 13, 18. DIVORCE ACTION: The parties hereto acknowledge that Husband has brought an action in divorce against Wife, which is docketed to No. 1245 Civil 1994, in the Court of Common Pleas in and for Cumberland County, Pennsyl- vania, and that this action shall proceed pursuant to Section 3301(c) of the Divorce Code, Husband agrees to proceed with such action and Wife agrees to execute the necessary Affidavits and Consents to conclude this action. Upon -7- '. the entry of a Pinal Decree in Divorce. Husband will provide Wife with a certified copy of said Final Decree. It is further agreed. covenanted and stipulated that this Agreement, or the essential parts hereof, may be incorporated in any Decree hereinafter entered by any Court of competent jurisdiction in any divorce proceedings that have been or may be instituted for purposes of enforcement of the contractual obligations of the parties pursuant to the Agreement. This Agreement shall not be merged in any such Decree but shall in all respects survive the same and be forever binding and conclusive upon the parties hereto. 19. INTENDED TAX RESULT: By this Agreement. the parties have, in effect, equally divided their marital property. The parties have determined that such equal division conforms to an equitable 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 constitute in any way a sale or exchange of assets. 20, IHPL!HENTATION: Each party shall execute promptly upon the presentation of same, any and all documents necessary to effectuate the terms set forth herein and the transfer and distribution of property in accordance herewith. Each party shall sign any documents or instruments necessary to per- mit the other party to transfer or dispose of his or her individual property of whatever nature. 21. PULL DISCLOSURE: Husband and Wife both warrant that they have made a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them. -8- '. of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each party, and of ever other fact relating in way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. 22. PRIOR AGREEMENT: It is understood and agreed that any and all verbal understandings or property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and are of no legal force and effect. 23, BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to re- affirm any and all obligations contained herein. 24. VOLUNTARY EXECUTION: The parties hereto declare that each of them fully understands the covenants and provisions contained in this Agree- ment. Being fully informed, both parties acknowledge that this Agreement is fair and equitable and not the result of duress, or undue influence exercised by either party upon the other, or by any other person or persons upon either party; each party also has had the opportunity to receive and/or retain counsel and advice from an attorney of his or her choice regarding all of his or her legal rights, liabilities, responsibilities or duties resulting from this Agreement. Each party has signed this Agreement freely and voluntarily. This Agreement is not in any way intended to facilitate any divorce proceeding instituted by either of the parties hereto, nor are any of the provisions contained herein collusive with respect to any divorce proceeding now pending or hereinafter instituted by either party. -9- 0";:;""'" '. 25, ATTORNEYS' FEES: The parties agree that each of them shall be responsible for his or her own attorneys' fees, if any, with regard to this Agreement and in conjunction with the divorce action presently pending. 26. COURT-ORDERED DETERMINATION: Husband and Wife both voluntarily and knowingly relinquish any right to seek a Court-ordered determination and distribution of marital property or award of alimony; alimony pendente lite; and counsel fees, costs and expenses and each forever waives whatever right, if any, either has to equitable distribution of marital property or alimony, but nothing herein contained shall constitute a waiver by either party of any right to seek the reli ef of any Court for the purpose of enforcing the pro- visions of this Agreement. Each party waives his or her right to alimony; alimony pendente lite; spousal support; counsel fees, costs and expenses; and equitable distribution of property, except as herein provided, notwithstanding the Domestic Relations Code. 27. WAIVERS OF CLAIM 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 right 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 or the other as a result of the marital relationship, including, without limitation, dower, courtesy, statutory allow- ance, widow's allowance, right to take in intestacy, rights to take against the Will of the other and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknow- ledge and deliver any and all instruments which may be necessary or advisable -10- '. to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 28, MODIPICATION: This Agreement constitutes the entire understand- ing 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. No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and executed with the same formality as this Agreement. 29, NO WAIVER OP DEPAULT: 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 subse- quent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 30. BREACH: If either party breaches any provision of this Agree- ment, the other party shall have the right, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, or by an action of contempt, and the party breaching this Agreement shall be responsible for the reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 31. APPLICABLE LAW: This Agreement shall be construed in accordance with, and governed by, the laws of the COIMnonwealth of Pennsylvania. -11- . . '. 32, 8UCCE8S0RS AND ASSIGNS: This Agreement, except as otherwise expressly provided herein, shall be binding upon, and inure to the benefit of, the respective lHgatees, devisees, personal representatives, heirs, executors, odmininlralors, aunignn and successors in interest of the parties. 33, ENTIRE AGREEMENT: 'rhis Agreement contains the entire under- standi ng of Ihe 1"1[ Ii es and there are no representations, warranties, cove- nants o( undertakings other than those expressly set forth herein. 34, SEVERABILITY: If any term, condition, clause or provision of lhis Agreement shall be determined or declared to be void or invalid in law or otherwise, then only lhat term, condition, clause or provision shall be ntrieken (rom thin Agreemenl and, in all other respects, this Agreement shall be valid and continue in full force, effect and operation. 35. ADDITIONAL INSTRUMENTS: Each of the parties shall, promptly on demand, execule and deliver to the other any legal documents, instruments, deeds, bills of sale, assignments, consents to change of beneficiary on insur- ance policies, tax returns and other documents and do, or cause to be done, any other act or thing that might be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails, on demand, 10 promptly comply with this provision. that party shall pay to the other, all attorney fees, cosls and other expenses reasonably incurred as a result of 11IIch [ai lure and non. compliance. 36, INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. -12- f) / ~ CI. to 4tA'-u' WITNESS (SEAL) '. 37. EQUITABLE DISTRIBUTION: The parties have equitably divided their assets to the satisfaction of each of the parties as specifically set forth in this Agreement. The parties acknowledge that the equitable distribution herein is fair and equitable and that the said distribution eliminates the necessity for any further litigation regarding the equitable distribution of marital property. 38, EXECUTION OF DOCUMENTS: Each party shall be, and remain, the sole owner of any other asset in his or her control not specifically covered by other provisions in this Agrecmcnt, Should it become necessary, each party agrees to sign promptly, any other titles or documents required to give effect to this section upon requcst of the othcr party. IN WITNESS WHEREOF, the parties hereto. intending to be legally bound hereby, and to so bind their rcspectivc heirs, personal representatives and assigns, have signed and sealed this Agreement the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: j) /'~ () fA, ~ itAfA-L . WITNESS /0-..p a...-~ .~/ ROSE ANN FLOYD, Wife/ (SEAL) -13- " - ". COKHONNEALTH OF PENNSYLVANIA ) : ss: COUNTY OF DAUPHIN ) J ? 1];...- ON THIS, the ~ day of June, 1994, before me, the undersigned officer, personally appeared WILLIAM B. FLOYD, known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, r have hereunto set my hand and official seal. f) (",wi) tA., f/klVl.,(- NOTARY PUBLIC (SEAL) W>TAU,'I. S!::'- L'^vltl A. CllUi.J. j; ,,".l:-Y i',_:...i i.: 1l,)rri~b'Jr9, DJt:t.r~l:l (C/,Jh1 .. " Hi CO!T'mlssion (xpir(s :~.:y ~1. 1;);,. My Commission Expires: -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- COKHONNEALTH OF PENNSYLVANIA ) . . COUNTY OF DAUPHIN ) -1H ON THIS, the ~y of June, 1994, before me, the undersigned SS: officer, personally appeared ROSE ANN FLOYD, known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, r have hereunto set my hand and official seal. r:aTP f,'I. :):'1.. O,WIO A. Ch:.f-:I. ;:.~~...~. ?,~~~;~ UJrri ~b~:r'J I hli.;'!",;l -C.;i,' ~'j My COf.'l1issio:l (}I";.irt5 iiJY ;:: I UJj j)t:A,'~ ((. fY/~,.(t~ NOTARY PUBLIC ( SEAl.) My Commission Expires: -14- -:r C7') - ',. ,': ~ ~ ~ . .,~- ;. ~ L"' o ;"" ':"~..:~ (.....J -:"'l u..< ... ~~ 0 ;~ ... '" . !;( ... ti 0 ... ~~g: Z - ... &:!t: "' ... .. II: 0: - ... ..... ..., ~~ :l .. ~ * on ..... Iii ;::, on I- 0 Z ... ~~~ ..... II "' <( ~ . , ~ ..., "C ~m Z ... l: l: ... 0 .J - . '... Ql U > ~ u..~=, ~~ ..... ...~ "' on .~ 0 on z OJ 00;:;, , 3 Z Z III ~ :t "' Z ~uU~ > :l ii: .. .. 0 Ul!;@ 0: :t ~,.. . u.. :l 0 Ii .. 8 "'!:; a:l ~~ I- Z 0: "' ~ <( ... :l .J ~< ~ m III "' ~~~~ .....:I ... !!! .. - ~~ ...:I W 0: z~~;:;~ ...:I ~ 0: - -< -u u :Ie :t . - . . . . .' ~. ...".. _OIiIiIt.'''1I Ud'.-'. 'iii,. ON"IfOIOJ.~'YY!lJl)"lS'l'IY . '- "', .- . . .. - .. PI ainti ff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. I.).. 4!J CIVIL 1994 WILLIAM B. FLOYD, vs. ROSE ANN FLOYD, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree 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 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, Cumberland County, 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. Court Administrator CUMBERLAND COUNTY COURT HOUSE 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 BATURIN & BATURIN BY:" F:]) M~ lt~u}~: 'E!;i ~ tv (Attorney I.D. No. 07044) . \- I /Ie.. DATED: March 11, 1994 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 vs. NO. CIVIL 1994 WILLIAM B. FLOYD, Plaintiff IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROSE ANN FLOYD, Defendant CIVIL ACTION - L^W IN DIVORCE COUNT I COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is WILLIAM B. FLOYD, an adult individual, sui juris, who currently resides at 71 Regency Woods, Carlisle, Cumberland County, Pennsylvania 17013, 2. The Defendant is ROSE ANN FLOYD, an adult individual, sui juris, who currently resides at 433 Hummel Avenue, 2nd Floor, Lemoyne, Cumberland County, Pennsylvania 17043. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 7, 1982, in Enola, Cumberland County, Pennsylvania. 5. There has been no prior action for divorce or annulment of the marriage between the parties hereto in this or any other jurisdi cti on. 6. The Plaintiff and Defendant are both citizens of the United States of America. 7. The Defendant is not a member on active duty of the Armed Forces of the United States of America nor any of its allies. 8. The Plaintiff avers that the grounds upon which this action is based is that the marriage is irretrievably broken. - 1 - ,'-or- -"',-, 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I I COMPLAINT UNDER SECTION 3301/a)/6) OF THE DIVORCE CODE 10. All of the averments in Paragraphs I through 9 are incorporated herein as though each was set forth under Count II as in Count I. 11. In the alternative, Plaintiff avers that the Defendant hath offered such indignities to the person of the Plaintiff, the innocent and injured spouse so as to render his condition intolerable and life burdensome. WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce dissolving the marriage between the Plaintiff and Defendant. Respectfully submitted, BATURIN & BATURIN By: --]I Dll J.. WI, JS a 1_ u r- 1''''- Floyd M. Baturin, Esquire I.D. No. 07044 (Attorney for the Plaintiff) 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 DATED: March 11, 1994 - 2 - VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN TillS COMPLAINT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE HADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date: March 11. 1994 77/ /L/?( 11 WILLIAM B. FLO ~4/ (SHAL) - 3 - -:r CT) ;"4 - t" "", w fl .r. ~ "'C> -:, '" lJ) l.') \{) ,-' l!) "-- ~ ~ t\j .......... ~ ......... ............. '''-;: ".., 'T) N pJ~~ <: "'-'.,) 0..,,; ~ '~ ~ lJ ~ '-'-, '" -~.! " I,~ < ..... ~~ ~>= w ~~ ~ QW~ .... ... ~ c:.e. .... c: e5 ....:1 '.... III ..... ... "0 "" u~.. . c: c: ~';;j Q) 15 z ..... z 0..... ~Q) ..... 00 ...:Ie. 0"" ~uV) t.L. ~ ...J Q) . > t.L. o~~ u al ..... U ..... .... ~ :s "" 0 ~ ~W...:I > e. '.... ..... e5 Q ...:I W z~~ ...:I ~ U c: ..... .....uu ..... :3: -. .....~I......'J....,.li.~U(l;I'....III'IiI... QtofftfOJ O)''I.wf'~'''1'I1'11.1'S'''' '.. '" -* \r, r\ .... --\ " l:!- I'-- N\ '~ 1\"') -- ~ ~ r-- ..) '-<1. c::_/""4:i \)0 . ..:.J ... ,- N 0 N .. .. z ti 0 ... - N III ... " 0: II: N :J l- . , " ::l !( III Z .. Q . N !:lID z ~ ... 0 II. U > - II.d:I III III t 0 III Z ,;j ~ Z :t: Z Z j ii: I- III 0 .. :J II: :t: 0 ci' .. !( Z II: III ... ::l .J ID III III ... III l- ii: II: . :t: . . . .... - ~ WILLIAM B. FLOYD, plaintiff IN THE COURT OF COMMON PLEAS CUHBERLAND COUNTY, PENNSYLVANIA vs. NO. 1245 Civil 1994 ROSE ANN FLOYD, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Floyd H, Baturin, Esquire, of the law firm of Baturin & Baturin, attorneys for the Plaintiff in the above captioned matter, do hereby certify that on Harch 16, 1994, I deposited in the United States Hail, at the united States Post Office, Federal Square Station, Harrisburg, Pennsylvania, an article of Certified Hail, Return Receipt Requested, marked "Restricted Delivery", a certified copy of the Complaint in Divorce and Notice to Defend and Claim Rights attached thereto, bearing Article No. P654 976 640, addressed to: Rose Ann Floyd, 433 Hummel Avenue, 2nd Floor, Lemoyne, Pennsylvania 17043. The said article of certified Hail, as shown by the Postal Return Receipt Card was received by the Defendant herein on Harch 17, 1994. and according to same, was signed by her, to wit: Rose Ann Floyd, which card is attached hereto and marked as Exhibit "A", along with the deposit slip dated Harch 16, 1994, for said article of Certified Hail aforementioned. BATURIN & BATURIN B;~ ...-=) J D II J.. 111 Is elJ Ut-I .:. Floyd H. Baturin, Esquire (Attorney 1.0. 07044) 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 (Attorneys for Plaintiff) Dated: Harch 21, 1994 Lemoyne, PA 1;'043 ~:'"' ..u.LOPO: t. .... .' ~ " . . '. ;, ;: ~; 1 i 'L~ DOMEtmC RETURN. RECEIPT';;'" .. ' .. "tJ. ,''''"e-' . ::.";.':" .,.:::- '~'-' ; P "54 97b b,40 ~ Certified Mail Receipt - No Insurance Coverago ProvidOt1 '. 00 no lnlernahonal Mall ~:l!'~'~' {Sqi!'Re\lSfl.,} 56nl to " . -,.;.... Ro.c Ann f19 Slr....1 ANn .; '. j '-'f 43 ,~urrune 1 Ave./ 2nd FL PO S1.tlu to ZI C Lemo ,',:-PA 17043 $ .52 1.00 f>osl. c.,,,,'~,.-"'" Sp.-r..,1 O..I'YO'I, f~... nH'.<1ll'\1 o.ehyf'ly fiP"tl 2.50 ~ ! , ., o .. III .., 5 .f '" 0.. 1.00 5.02 03/15/94 - EXHIBIT "A" ~ . ~ ;;; ~ t:::J "" ~ >.. ........ ....... 4/--':.~ ca(")")"" ,ti:~S.~ ~.~,~~ '~ I..~;;! , "-1~1~ :';"J~: " (:)''''' '.:t.I.... c; ;i' < ..... ~~ -l>=! ~~ ~":~ !5~~ ~u(;j o!::: u ..... l::l ~LI.l....l z~~ .....uu ... '" '" .... .., fa 'g Cl) .... Cl) .Q ~ "- LI.l U ...... ~ LI.l en (.1. o ~ u ...... (.1. ...... t w u .... .... '.... .., I: ..... III ...... !all. S "- . > .... ..... > ..... U In ... N .... . ~ ~ LI.l ~ ~ ..... ....l ....l $ . ~ .'. . . ,~ . ......,.....9..t>'..'...'lIl..'..,..riII"r.u. Of<oftlllOj(')).\d.ttIi."'~11)tU5"" z - II: ::J en I- ... e( ~III l';dl 3: Z :l it ::J l- e( III .. o .. co .. ti 2 " tIJ ,... ~ II: .. Iii i * Co(" ~ :i " u )0 !". ... en _ en Z bi :r Z Z .... ... 0 II: ... o.;:r z 0:: e; " :> ... - lD ... " en .... it a: 0( :r ~ .' , IN '!liE COJRT OF ~ PLEAS OF ClMBERLAND coum'Y, PENNSYLVANIA NO. 1245 1<1)4 CIVIL WILLIAM B. FLOYD, Plaint iff vs. CIVIL ACl'ION - LAW IN DIVORCE ROSE ANN FLOYD, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information. to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) JJ~i/'dJ'tJ of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the canplaint: Defendant was served March 17, 1994, by Curtified Mull. Return Receipt Requested, "Restricted Dulivury" 3. Canplete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff June 25. 1994 by the defendant June 25. 1994 B. (1) Date of execu'tion of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: Nonu 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code N/A Dllte: June 27. 1994 BATURIN & BATURIN By:--=J! oyJ Y>1, oJ?)~ V J- /~'t Attorney for Plaintiff~ Floy.d ~1. Buturln, Esqul re 717 N. Second Street Harrisburg, PA 17102 (717) 234-2427 -:::- en :.-.:~ ~- ,- ., = ,"',- :n o M '" '," '. ..' _~ "f ~ <" S -, 1..' . . . . - . VI. ) . . ) , , ) : ) IN THE COURT OF COMMON PLEAS OF CUMBERLAIlD COUNTY, PIlIfNSYLVAIlIA NO, 1245 CIVIL 1994 WILLIAM B. FLOYD, Plaintiff ROSE AIlN FLOYD, Defendant CIVIL ACTION -- LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 14. 1994, 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a Final Decree in Divorce. 4. I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the Court before the entry of a Final Decree in Divorce. the right to claim any of them wi 11 be I os t . 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. ? ~ n:.~~., /J :.# :;.-' WILLIAM B. PLOYD, Plaint' (SEAL) Dated: ~. - 2 >-- 9 V ~ ;- 0"1 " ,. .' - " C\-_ '. ...... 0 0')" ,~~:;,;!~~l f"!J '" ,. ....... :z: => -, i;; 'rh' .. , . . ~ . - . WILLIAM B, FLOYD, Plaintiff ) : ) , , ) , , ) CIVIL ACTION -- LAW IN DIVORCE VB. IN THE COURT OF COMHON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1245 CIVIL 1994 ROSE ANN PLOYD, Defendant AFFIDAVIT OF CONSENT AND WAIVER OP COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on Harch 14, 1994. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the Compl aint. 3. I consent to the entry of a Final Decree in Divorce. 4. of property, is granted. I understand that I may lose rights concerning alimony, division lawyer's fees or expenses if I do not claim them before a divorce 5. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling; I understand that the Court maintains a list of marriage counselors in the Office of the Prothonotary, Cumberland County Court House, Carlisle, Pennsylvania, which list is available to me upon request; and, being so advised, I DO NOT request that the Court require that my spouse and I engage in counseling prior to a Divorce Decree being handed down by the Court. I VERIFY THAT THE STATEMENTS HADE IN THIS AFPIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT PALSE STATEMENTS HEREIN ARE HADE SUBJECT TO THE PENALTIES OP 18 PA. C.S. SECTION 4904 RELATING TO UNSWORN PALSIFICATION TO AUTHORITIES, /i',..-p V~ 7A/ ROSE ANN PLOYD, Defendant (SEAL) Dated: ~-.7 S' _:i't/ UJ':') ,'~~':-' -~ ~..." .~. "'---- \,.1.' ill,'; " . 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