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HomeMy WebLinkAbout94-01400 , I il )' iI t,.,!,!!~~~:!!,,~,:I!~~:~,~ ,~- ~,~,~~~-:.~,~.:~,:~ ,:~'~II!''',:l!:~'~~~':'~,.~ ~ -~ . ~ . IN THE COURT OF COMMON PLEAS : . . . OF CUMBERLAND COUNTY . 8 '* . · STATE OF r.. PENNA. · . ~~, ~' . * . .. . . JON I, Duas, . .. 1'1aintJ.tf N 0...9.4.....,.... ..1.tt.Q,Q..... 19 . .. V t'J''' " . 8 PQNN~ ~, PUBS, . . Defendant . : ~ . DECREE IN : .. . .. DIVORCE . " AND NOW, ' .. ~c .:tc: l"1,~e.r .. ..I S .. , .., 19. 'f,~... It II ordered and . . r ~ . decreed that ,,J.Q~. 1". ,OUJ;l.8 . , . , . , , , . . . , , , .. , , , , , , .. , , , , .. .. , '. plaintiff, ~ '. . : ::d ~I::~::~ ~;~:~~~' ~~~~~' ~'f' ~~'t~;~~~~', ' , , , , . . , , , . , , , , '. defendant, ~ . . . The court retains lurlsdlctlon of the following claims which have . . been rolled of record In this action for which 0 final order hal not yet . .. been entered; .. . .. · A,U .I)lll,t,l;~u. ,114V/I, ,l:leen .J:esp.lved. .purs.uant, ,to, the, Proport,y. ,Set.tJ,5Illent . · A9,r:l;I~!1l~m~. !l!l.l;l/~. B,~P~!3!11Qer. .~. . ) 9.~4" ~11~cn, ,aqrll.lll\l~ll,t, ,ie, .inGorpQuted . ~ but no ged into this Decree, . - . ~ nv Th.. Cnurlc tlc \ I! / .. · J' 1J}t.4 ~ CJAC.,. (.. . I, . AII..t,' ,~hJ~1l.ti l.' ,j,j)..I.k" /J,...7',G,,,,,~.7 J. 18 iKk ,.i!~IK K >.:2& ( "' . t1./ XJyu, ProthonotAry 1* .." ,.... . .~ ---~-------------~--- . .. . " i '(' " I '1'1 ,I' " ,I' " " " '. " , >1flf4. ~ 9W9~ ,11t'l\',...,}/o;, :' \ \ - - " , " 'I ,II t-... . , , . .. .. ...,. . >.\: to '. " , ;i.' [,.,', ) , ' I, , , )_oj, " " i ~ , , ,\ i \\ L, , 1\'1 il\ li,\ I 11 ~I " " , , ' " , , g!l1 ,.....,i I~ \r.1 ~ol.,t'l rJ I,' ..,1 '~. I. I .r, "1 '-'I"r 'ft ~. ~~I r:.i "t_' ''',''.1..,;;.,' II"~ '.:1'1 ..fi" ....:; tf - N Iii N ~ Cii ':I. , Ii I , ' I' I' , . . I:'tl., 1 ' " 1 ~' 11 : I fj I I ,I ! , i 'I I i PRQPIlRTY SllTTr,Il1".NT AGU-IIT c( I, /4 (J/'; ~~~ flHIS AORIIINN'l', made thill(:-")~ day ot o:S't,j/1LiH-lJ 1994, by and between JON I. DUBS, hereinafter reterred to as "HUSBAND", and DON"A L. DUBS, hereinarter reterred to as "WIFE". Jl/I'l'NIISS1I'l'H, That: WHIIR~S, the parties hereto are husband and wite, havinq been lawtully joined in marriaqe on January 31, 1970, in Adams County, Pennsylvania. WHIIR~8, four (4) children were born of this marriaqe: Jon R, Dubs, born October :29, 1970; Laura A. Dubs, born May 1:2, 1973; Karen L. Dubs, born February 9, 1976; and Jeremy A. Dubs born February 9, 1976. WHIIRIIAS, it is the intention of the parties to settle fully and finally their respective flnancial and property riqhts and obliqations as between each other arisinq out of the marriaq8 relationship or otherwise, including without limitation (1) the settlinq of all matters between them relatlnq to the ownership of real and personal property; (:2) the settlinq of all matters between thelll relatinq to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settlinq of all matters between them relatinq to the past, present and future support or maintenance of their minor child(ren), and (4) the settlioq of all matters between them relatinq to any and all riqhts, titles and interests, claims and possible claims in or aqainst the estate of the other. . ~ i'l I, NOf, THIN'IOR', with the foregoing reoitals being hereinafter inoorporated by referenoe and deemed an e.lentia] part hereof in ooneideration of the foregoing reoitala, the mutual promi.e., covenants and undertakinq8 herein .et forth, and for good and valuable consideration, reoeipt of. whioh i8 hereby aoknowledged by eaoh of the parties hereto, HUSBAND and WIrE, eaoh intending to be legally bound hereby, oovenant and aqree al follows! , , I I i H 1. AOVICE OF COlJt1SEL HUSBAND and WIF~ doclare that they have eaoh had a full and fair opportunity to obtaln independent legal advioe of counsel of thei r 18leot lUll. HUIlDANP h8ll been independently repre8ented by Barbara Sumple-Sulllvall, Esquire. WIFE is cognizant of her ri?ht to leqal reprllllllntat iun Bnd has boon lndependently represented by Diane O. Radcliff, ~Hquiro. The parties further deolare that they are exeouting thls agrooment freely and voluntarily, having obtalned suoh knowledge and disclosure of their legal rights and obllgatlons and that oach acknowledges that this agreement is fair and equltable and is not the re8ult of any fraud, coeroion, dure88, undue lnfluence or collusion. ;/. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live leparate and apart. Eaoh shall be free from all oontrol, reltraint, lnterference or authollty, direot or indirect, by the other in all re8peots aD il 8he or he were unmarried, exoept a8 may :I u ., .' be neoessary t~ oarry out the provisions of this Agreement. Each may reside at suoh plaoe or places as she or he may seleot. Eaoh may/ for his or her separate use or benefit, oonduot, oarry on and engage in any business, oocupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND and WIFE of the lawfulness of the oauses whioh led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest/ haras., or malign the other. or the respeotlve families of each other, nor compel the other to oohabi t or dwell in any manner with him or her, nor in any way interfere with the peaoeful existence/ separate from each other. 3, DEBTS Each party represents that they have not contracted any debt or liability for the other for which the e~tate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liobllity whatsoever for which the other party or the estate of the other party will be liable. ~ach party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, in1luding those for necesslties. Additionally, HUSBAND shall be solely llablo and responsible for the following marital debts and will indemnify and hold WIrE harmle8ll from the same. This specific indemnification shall 3 lncludl the followlnQ creditorll 1. ..tat,e of l.oul.. Dubl t37,:oJ1)0.00 :I. GMAC t38,OOO.00 (approlC,) J. PNC, HA '16,000.00 ... IM8 $/),760.00 II. Or. ViPletro, Hilton . D1min1ok U,I)OO.OO 6. Ch,pter 13 paymentl '1,900.00 IIUSBAND aquea to indemnify and hold WIFE harmle.. from eaoh of t.hl a funmentioned debts. HUSBAND furt.her aqu.. to be relponlible tor all attorneys' fees lnourred by WIFE in defense of any olaim or BUlt brought. aq41nst her arilinQ from any debt lncurrod dur inq the marr iaqe. To the belt of the parties' knowled'iJe, thQ partloB atfirm no other joint ~ebts exist, 4. WAIVER OF APPRAISAL AND INVENTORY The parties loknowledqe and aQree that they have eaoh had an opportunity to value or have appraised any and all mar 11: a 1 propert.y, and they do hereby waive a formal appraisal and inventory of lame, and no statement or representation by either party as to value shall be desmed a mlsstatument or misrepresentation to the ot.her or be deemed fraudulent. II. H.'RITAL AND NON-MARITAL ASSETS HUSBAND alld WIFE do hereby aoknowledge that. they have heretofore divlded the non-marital assets and marital allets inoluding but without limitation, bUBinell interelts, jewelry, olothel, furnlture, etocks, bonds, penaions and other asset, 4 wherever situated whether real/personal or mixed, tangible or intangible, and HUSBAND agrees that all uuts in the posselllion of WIFE shall be the sole and separate property of WIFE/ and/ WIFE agrees that all assets in th6 posse.sion of HUSBAND shall be the sole and separate property of HUSBAND, Eaoh of the parties does her6by speoifically waive, release, renounce and torever abandon whatever claims, if any, he or she may have with respeot to any of the above laid items which are the lole and leparate property of the other. This document shall constitute a bill of sale for said 801e property. 6 . REAl, ESTATE The parties jointly O~II\ pro.'erty at 434 Sioux Drive, Meohanicsburg, Pennsylvania. Said house is encumbered by a mortgage ln the amounL of $74,600.00 held by Marguetten and Company / Inc. or its successor and a mortgage payable ln the amount of $65/000.00 to the Estate of Louise Dubs or its suocessor. Simultaneously with execution of this 'Igreement/ WIFE shall execute a deed transferring all her rights, title and interest in said property to HUSBAND, HUSBAND agrees to indemnify ilnd hold WIFE harmless for said mortgage. HUSBAND further agrees that he shall either sell cr refinance said house solely in his name within thirty (30) months of the date of execution of this agreement, In the event said refinance does not occur within said time, the house must be immediately listed for sale. Upon sale, any equity realized 5 , . attQr ..Ustaotion of the debts "hall be t.he sole propert.y ot HUSBAND. 7. MOTOR VEHICLES HUSBl'flD shall retain sole title and ownership ot hi. 1991 Buick Regal. Said vehiolo is encumbered by a debt. owing t.o GMAC. WIFE is ourrent.ly in possession of a 1991 Buiok Regal, Said vehicle is also enoumbered by a debt. owing t.o GM~C, WIFE agree. t.o ret.urn her vehiole t.o HUS8AND no later than Ootober 1, 1994. HUS8AND shall be free to dispose of same. HUS8AND agrees to pay on behalf of WIFE her Sept.ember car payment due on her vehiole prior t.o its return. H~SBAND further agrees to pay to WIFE her new vehiole expense (payment or lllase payment) for the periods of October 1, 1994, November 1, 1994 and December 1, 1994, Said amount shall equal the payment for her new vehicle but, shall in no event, be more than One Hundred Fift.y Dollars ($150,00) per month, If WIFE is unable to locat.e a vehiole by October 1, 1994, HUSBAND will, in lieu of the t.hree (3) payment.s specified above, effect a transfer to WIFE of the 19B4 chrysler Le Baron, available to but. not owned by HUSBAND, t.itled t.o her, without. charge. The transfer shall occur within t.wo (2) weeks of WIFE'S notice to HUSBAND of her decision regarding choice of vehicle. 8. PENSION Each part.y hereby waives any and all claims that he or she may have against the other to any pension, employee saving or other stook ben~fit. program of the other, if applioable, Said aooounts 6 -". .hall be the .ole property ot the re.peot1ve part1oipant. 9, BANK ACCOUNT~ AND INVESTMENTS Eaoh party shall have .ole posse..ion ot the bank aooount. in th,ir own namell, 10. ESTAT~ P~ANNING FOR CHILDREN Eaoh party shall retain ownership ot any lite 1n.urance policy 1n his or her name. However, each party agre.. to d..ignate the parties' ohildren as irrevocable beneUciaries ot no les. than titty peroent (50') of the value of said polioies in existenoe at the time of the divorce, 11, MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS CONFERRED BY THE PENNSYLVANIA DIVORCE ACT OF 1980. AS AMENDED HUSBAND and WIFE acknowledge and agree that the provisions ot this Agreement are fair, adequate and satlsfactory to them. Both partiea agree to Aocept the provisions set forth in this agreement in lieu of and in full and final settlement and satisfaction of all ola1ms and demands that either may now or hereafter have against the other for equi table distribution, alimony, alimony pendente H te, counsel fees, costs and expenses or other provisions tor their support and maintenance before, during and after the commencement of any proceeding for divorce or annulment between the parties, 12. AFTER ACOUIRED PERSONAL PROPERTY/FUTURE EARNINGS Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all Hema ot 7 " ,,' " I I Ii I personal property, tanglble or intangible, hereafter aoquired by HUSB~ND or WIF~, wlth full power in him or her to di.pose of the lime .. fully and effeotively, in all respeots and for all purpobes, a. though he or she were unmarried, 13. ~LIMONY. SUPPORT AND MAINTENANam , I \ I Both parties aoknowledge and agre. that the provisions of thia Agreement providing for equitable distributiLn of marital property are fair, adequate and satisfactory to them and are aocepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for Sl~pport, maintenance or alimony. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony and maintenance. 14. CUSTOD~ AND VISI~ATION HUSBAND and WIFE shall have shared legal custody of the parties' minor child Jeremy. Physical custody of the minor ohild shall be shared as the parties and Jeremy can agree, HUSBAND shall have the right to take Jeremy, Karen and Laura, if applioable, as dependents tor federal tax purposes. 15, CHILD SUPPORT HUSBAND aqrees to waive his right to receive child support from WIFE for Jeremy, In the event this waiver shall ever be deemed to be unenforceable and Husband thereafter shall become entitled to receive said support from Wife. Wife shall be given a oredit 8 again.t .aid child .upport obligation for an amQunt equal to the difference between '18,6a4.00 minu. the produot of '388,00 time. the number of month. occurring from September 1, 1994 until the month the .upport becomea effective, uid credit; being given to Wife a. the re.ult and in conaidention for her aguement to divide the partie.' marital property and to waive any Qlaim. for alimony and ooun.el fee. a. herein .et forth, Wife .hall not be required to make any payment. for child .upport until .aid oredit i. oompletely utilized, My oredit; remaining as of the date Wife'. support obligation termlnate~ shall be cancelled. Thi. credit shall not apply to Wife' II obligation to provide college au1stanoe for Jeremy. HUlband further agrees that he shall be solely reaponsible for the undergraduate educational costll and expenses of the parties' ohild Laura not covered by loans, grants and soholarships and that he waives all right of contrlbution for said expense from Wife and Husband shall indemnify, protect and save Wife harmless therefrom. Husband further agrees that he shall immediately provide Wife with a waiver of said support of Wife from the parties' ohild, Laura. 1b, SUBSE~UENT DIVORCE A decree in divorce, entered by a court of competent jurisdiction to eit;her party, shall not suspend, supereede or affeot the terms of this Agreement, Both parties agree to enter a Consent Decree ooncerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any9 any divorcb ,-otion filed. Thh Agreement, and the terms and conditions contained herein, Il8 well III the enforcement of said term. and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Plea8 of Cumberland County, PennBylvania, or any other Court of competent jurisdiction. Furthermore, both partie. hereto agree to execute simultaneously herewith the appropriate aUidavit8 and conllllnt8 to secure a No-Fault Divorce as may be required by the Divorce Code of 1980/ a8 amended. Both parties hereto agree that thi8 Agreement may be incorporated into a separate Court Order but shall not merge in such order in the Court of Common Pleas of Cumberland County/ Pennsylvania. 17. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon reque8t of the other party, they will forthwith execute and deliver to the other party, any and all wraten instruments, assignments/ releases, 8atisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effeotuation of this Agreement. 18, MUTUAL WAIVER AND RELEASE OF RIGHTS ~ND CLAIMS IN ESTATE Each party hereby releaS8s, waives and relinquishe8 any and all rights which he or she may now have, or may hereafter have, against the other party under the present or future law8 of any jurisdiction (a) to share in the tl8tate of the other party upon the other party's death and (b) to aot .. executor/rix or 10 adminietrator/rix of the other partY'e eetate. 19, MUTUAL RELE~SE HUSB~ND and WIFE each do hereby mutually remiee/ rele..e, quitclaim and forever diecharge the other and the eetate of euch other/ for all time to come, and for all purpolel whateoever/ of and from any and all righte, title and intereltl, or claiml in or againet the property (including inoome and Qain from property hereafter accruing) of the other or aQainet, the estate of euch other, of whatever nature and wheresoever .ituate, which .he or he now ha. or at any time hereafter may have againlt such other, the e.tate of such other or any part thereof, whether arteinQ out of any former acts, contracts, engagements or Uabilitiee of euch other or by way of equit,able distribution/ dower or curteey, or olaime in the nature of dower or oourtesy of wldow's or widower'e riQhts, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a sur.viving spouse to participate in a deceased spouse's estate/ whether arisinQ under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or and rights which HUSBAND or WIFE may have or at any time hereafter have for the past, present or future support or maintenance, alimony/ allmony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except/ 1 1 and only exoept, all rights and A9reementll and obU9at10nll of whatsoever nature arising or whioh may arise under this Agreement or for the breaoh of any thereof. Each of the parties hereto further oovenants and a9ree~ for him.elf and henlllt and his or her hein, exeoutors, adminiltrotorl and assigns, that hll or she will never, at any time hereafter, sue the other party or is or her heirs, exeoutors, admini.trators and assi9ns, for the purpose of enforoing any of the rights relinquhhed under thiB paraqraph. Eaoh of the parties further oovenants and agreeR that he or she will permit any will of the other to be probated and allow administration upon his or her pursonal, real or mixed estate and allow effeots to be taken out by the person or persons who would haVlI been entitled to do so had HUSBAND or WIFE died during the lifetime of the other. Eaoh of the parties hereby releases, relinquishes and waives any and all right to aot as executor or exeoutrix or administrator or administratrix of the other's estate. It is the intention cf HUSBAND and WIFE to give to eaoh other by the execution of this Property Settlement Agreement a full, oomplete and general release with respeot to any and all property of any kind or nature, real, personal or mixed, whioh the other now owns or may hereafter aoquire, exoept and only exoept all rights and Agreements and ob1igatlons of whatsoever nature arising or whioh may arise under this Agreement or for the breaoh of any thereof, 1 a \ , ,. -~ 111"'1 t , ..H".;; !" 1.<'. I . . I , 20, SUCCESSOR'@ ~IaHTS AND LIABILITIES Thi. Agreemont shall, except a. otherwise provided herein, be binding upon and inure to the benetit ot the partie. hereto, their re.pective heirs, executors, adminiltratorl, .ucce,sOrl or 81lign.. 21, SEPARABILITY If any provi.ion in thi. Agreement is held by a oourt ot oompetent juri.diction to be invalid, void, or unentorceable, the remaining provlsions shall never the Ie.. continue in tull torce and etfeot without being impaired or invalldaled in any way. 22. ENTIRE AaREEME~~ HUSBAND and WIFE do hereby covenant and warrant that thi. Agreement contains all of the representations, promi.e. and Agreement. made by either of them to the other tor the purposes .et torth in the preamble hereinabove, that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforoeable unl..s reduoed to writing and signed by both ot the parties hereto. 23, BINDING EFFECT OF AGREEMENT/WAIVER 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 the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such tailure be construed as a waiver of any other term, 13 " , , ' .hall .uoh failure be oonstrued as a waiver of any other term,' oondition, clau.e or provision of thi. Agreemont. :14. BREACH If either party breao~e. any provi.ion of thi. Agreement, the other party .hall have the right, at his or her eleotion, to sue for damage. for such breaoh or see~ .uoh other remedie. or relief 8. may be available to him or her, and the party breaohing thil contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in entorcing their rights under this Agreement. :15, CONTROLLING LAW This Agreement shall be construed and governed in acoordanoe with the laws of the Commonwealch of Pennsylvania. :16, CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when aotually signed by both parties. SIGNATURE PAGE WILL BE ATTI\CHED HERETO AS P~GI 1 5 I..; I I u " . /trl.' , , . I I . ~ I I . J . COMMONWIALTH OF PENNSYLVANI~ ~ SS, County of Cumberland Before me the undeniCJned offioer, a Notarr Publ1q in and for ..id commonwealth and Cumberland County, penona ly appeared Jon I, Dub., who being duly affirmed acoordinq to law, deposes Bnd saye that the ,cts and matter sot forth In the within and foreqoing Propert Settlement ~greement are true and correot to the best of hie k wle4ge, i?~or~.~o~ and belief. - 7l_ - '-:;- 't /'ej,(1./TJ.. .../ JON BS //J AM~med and subsoribed Lo/U<J :)99~~ ~.~'/:. /( /,/;" / ~. ~ / T~ Y P IC - , to before me this ,8/ day of My commission expires: (SIAL) Nttw~&xr".."*ii~~.. ~~~QIIrI'~F\ , Il'j~N)(ttW"'c.~1ty '''''' . '~J6 , ' , " .1 ., ,I,' " 16 , . 1,'iiIH!t,;, I " . : " : . ,I . COMMONWIAl.TH OF PENNSYl.VANIA County ot Cumber~and l S8. Betore met t,he undersigned otUoer, a Notary Publio in and for said Commonwealth and Cumberland County, personally appeared Donna L, Dubs, who being duly artiJ:med aooorcUng to law, deposu end ",vs that the taots and matter set forth in the within and foregoing Prope~ty Settlement Agreement are true and oorreot tQ the best of his knowledge, information and beliet. At,,,,, 4- X:! ./L..<..t....--) DONNA L. D~BS AtUrmed and subsoribl!d to before me , 1994. this e::;f:d day ot 9a-k My oommisaion expires I 7;t~/9~ (UAL) ~=,6Ilel$tlP\do i 1\Ip" CIJrrbJt1 id County _E>jJires "I)'3,tlllll5 I", ,'II , .<1 I I' ! , 11 ~_\' I Ii JO. I. lHIl'i P aintiff IN THI COURT or COMMON PloPS CUKBIRLAND COU~Y, PINN8Y~V~IA : No. 94-1400 . . : CIVI~ ACTION - IN DIVORCB v. ~ DONNA L. DlIBS, I' Defendant PRABeIP. TO ~RANSMIT RECORD To the Prothonotary: Tranamit the record, together with the following information, to the court for 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:United state, Mail. Cert.ified Mail. Restricted Deliverv on March 23. 1994 on Donna L. Dubs. 3. Complete paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff AuoUsl: 31. 19941 by Defendant Seotembe~ 1994. (b)( 1) Date of the Plaint! ff / S affidavit required by 3301(d) of the Divorce Code: (2) Date of of the Plaintiff/s affidavit upon the defendant: Section service 4. Related claims pending: All maHers have been resolved Durauant to the f'areement. dated SSDtember 2 i 1994. which i. incoroorated into Prooertv Settlement Aareement. 5. Date and manner of service of th:i{otice of intention to file praecipe to transmit recordl a COpy 0 which is attached, if the decree is to be entered unaer sect; on 3~Q 1 (d) (1 ) (i) of the Divorce Code. )' // U ,//./,/ ' 11//), (' Dated: L ' I !:... / I. " , , , Barbara Sumple-Sullivan, Esquire Attorney for plaintiff 549 Bridge street New cumberland, Pennsylvania 17070 (717)-774-1445 Supreme Court 10 H32317 ',J'!;',- [", ., ", . .....~I,;'jh' ,,>-,",,1>1 " I ,.' .,' _,.tlr""" i I" '.. . :;.;j~l;lii: ,,'p"" ,'-ll'_"'!' \ \ \ \ \ ! 'I I P ,I . I , . \ \ " 1 \ \ \' 1 I. , 1 \ \ \ I i \ I. \ , " \ \ , I \ \ \ \ I' \ , ,I I ":'!I!t ., :I!' ill If, 'J,. ~\."1\t"CC .. ~r:::'.$.::"" ",;t:.... \\ 10' 94_\400 \ ^'" _ .... nl'#oac. \ Cl'#l~ ~lV~. . . . ii' '!,I L \ \\ .,. \ ____ w. oU'" Ir".' ..,...... I~ \\ '0 ....., ...,,,, ~, .. ....".... '\ ....,....,...... 0' ... \ ' t. .....,. ".. .c4 "",...' 009' \.~ ., t ...... · .- \ "'.' CO .." .. .. " ..""... ,. w' , tl" .....,.. ,. ...... .\' ~'O''''''' ". ,." ,."..,.. ,c4" ,".,,,,) ., (\ attet u~on tn' 1'-'_..'''... . ........ .. fO""" , " ~..... ........ . I'"'' .,..... · r- \ \\ II \ \' ~. \\ o~"t"O ~ \\ \\ I,; , '. i " I ' ,'.l ..<tu\.te 0\.an8 G. ~adC~~~' d 3446 ~t\.ndl.e ~~\\ ce.lI\9 ~nl., i~ Jt/li ---- \\ ~ '\ \1 ,I II 1 II II II II i I -JON I. DlIBSi P aintiff VB. IN THI COURT or COMMON PLlA8 I CUKBIRLAND COU~Y, PINN8YLVAJUA ; 110. 14 /41~o (p, f); t. ."JA I : CIVIL ACTION - IN DIVORCI ,~~'-' DONNA L. DlIIS, Defendant . . I I I YOU HAVill BIBN SUll) IN COllRT, if you wish to defend I against the claims set forth in the following pagesi you must I take prompt aotion. You are warned that if you fai to do so II the oase may proceed without you and a decree of divorce or I annulment may be entered against you by the Court. A 1'1' judgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may II lose money or property or other rights important to you, , including custody and visitation of your children. 'I II When the grounds for a dlvol'ce is indignilies or I irretrievable breakdown of the marriage/ you may request i marriage counseling. A list of marriage counselors is t available in the Domestic Relations Office at the County , Courthouse. NOTIC. TO DDIIIID ~ CLAIM RIGHTS Ii' YOU DO NOT PILB A CLAIM POR II PROPIIlR'l'Y, LAWYIIlR'S PlBS OR IX PINS IS ! I MNlILMB~ IS G~BD, YOU MAY LOSI THB II THBM. I YOU SHOULD TAXB THIS PAPIR TO YOUR LA.YIR AT ONCI. IP i I YOlI DO NOT HAVI A LAWYIR OR C~N()IJ' Al'PORD ONI GO TO OR I TILIPHONI THill OrrICI SBT PORTH BBLOW TO PIND OUT WiiIlRI YOU CM i I GIBT LIGAL HBLP. , II ALIMONY, DIVISION 0' BBPORB A DIVORCI OR RIGHT TO CLAIM ANY 0' LAWYBR RBrlRRAL SIRVICB Court ~iniatrator Cuaberland County Courthouse Carlisle, PA 17013 (717) :.240-6:100 , ' WHEREFOR', Plaintiff nqu..t. thi. Honorable Court to quitably divide .aid property in accordanoe with Seotion 01(d) of the Penn.ylvania Divoroe Code. ated t Maroh ~, 1 994 ~ ;:;:" / ar ara Il.qu re Attorney for Plaintiff &49 Bridge street "ew Cumberland, PA 17070 (717) 774'"1445 Supreme Court I.D. No. 32317 , I 'I I 'i, " " , ' I I 1'1 3 '" ht.m~\, JO., I. DlIlSi P aintiff I II THB COURT or COIIMON PLIlA8 : CUllBIRLMD COUNTY, PBNNSYLV~IA I I 110. I va. DODA L. PUBS, Defendant CIVIL ACTION - IN DIVORCI . . APWIDAVIT RBUARDING COUMSB~IMG 1. 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. 2. I undflrstand that the Court maintains a list of I marriage counNelors in the Oomestic Relations Office, which I list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior ,I to a divorce decree being handed down by the Court. I I I understand that hlse statements herein are made I subject to the penalties of 18 PA. CSA Section 4904 relating to unsworn falsification to authorities. Date: March~, 1994 I I I I I 4 I; 'I' .:, ,'I ,.l;' '{.It; , I ._,' ..' .' ':1 :';'.\;rJl1,I!i'I";,;J::I-;M.Jt'il!ij'.,"",,,"i-.I, ; /~J_l'~i.f.JV_lil!ili;i,I",~~\I"I, ('~I i'JiJ 11 f" ',I : . '1"',I,.:_'}.,,li -' ,i .:.:'t),:tN-;::::)iC:' i rl; .I', ~;II ,~j 1/.", ~:'.' '1,~{III,j,j,INI#,I'I'" jl~, 'II' , . n.; "'I-l;a;~:,,;';l.' 'I"'II""')! . ?H'I-'~'r"l'; Jf ,I,t,:,l:!:'!l'r):' ij~~JItI,\'\"\!i';,~": I;', r '.1r:~;',::; /~\ 'I'~' '! : ' IV,il-- I ",h:\,' " ;,;';!\'tni '. 1) ~,1<;\rj'I:'" )'.1", 1 " Ii '\'_' : "'.:", . 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'I ;'V:,I"g,: " "?h:.J,"i ,I '." .,.~,. ,10'-' "1'_'."'", """"-"~'f"'l"''''''''''''''_'1 ,.~ 'f, OJ !,~,:\W\,f~, i 'S1 ":~'r!:!"'h:,'Oj~;;l;it~U I ::;,~'tt,:\;lli11 ',) .,.!!.I)IUf,\1 :. ,1..:,'h;l'~JJ '_'..' ,-'nl-;dliJ~ '-"i'!."'-1'\T~(: '-",:'I_'i'!"1'I;mJ~J)-' II,. '!("'fr~':;i~,a; ,,;':!;-;>(')~rl'j' ;\'~" ,", :.,' ".("",1 !\' "!\~t'!;r ~ ; n, ~,\ II 01 .I.' 'i,j,\\i;, i' '.!, :!!~",r)\,_~-jl;J 'I" ',It III '_'j;\~I,I)V: )1 ':/:;I"":'~M' ,\fI};,i :,'<i~JT~lj ';;i!Jq'-;!Pht ,.,:,},!jllJM;1 I It'}',;p",:r.I,1 1\ ;,11~:II-\~fl;':;:r'j:'/ : '. ,:.,..,.\ ',1", q ",'\i.l..r;,'_\\, f"iIJ/l "la::':i'l ';"i:" \-.",j"L< ,;,.,'_I)J' I , "It' ,,!. ~ :',1/, ,1-'1,' .t\v., .':,--;,'1'__: '" ',,,, [';',.1/1 ,-,lUI,"l \/i '1,!,l_ :'~ ;.' "I' J"" " !'\'\;,1,' .',i;iJ! ,",;_! ";.i~:\,:,~) )i 1 ,-,U./,\ I' , !I l'i "1 " ,." ,I '" , , , I'i-~ ')!""j-::-; ';'::..-'il..' 1",.'\1-'1 j, I"! , ' , Ii 'III ,.:i,i 'i" illl' ;!!! 'I\j, I, " o ~. .r.1t: IrI (~/ S '{ , /OOj {SOt- "I , , I' , ' ,I ~i. :;;J )(.L I 8'7 I 1 \' ,q ,'I ;1 ''':'nNlj 'I ,;.-.! 1;\,' , ,:.]','1" 'I\f' '''\1,\ '1,',','1\" Ht>1t, lIl("i':r" },,""- .' \ ',llj} , .I'I".~"""~ h'lfi,', !1,~' ,', ''-'' ,. j, ~- '. ,; _!. " " )1 1'1 " " " , , II ~ ~ ~ ,. ~.. if .~.' I..... ~ l~' :<- n ". I" ICl. .., j" -' ,it '_-J'-." ,t i . .,/ ("'I ',' "'''' '", a ~ I, I ,., II.. '.,\ '1~.1 ! ~ " " 'I " ',I , " " " 'Jttlh~ JON I. DlIBS piaintiff : IN THE COURT or COMMON PLEAS CliMBER LAND COUNTY, PENNSYLVANIA No. 94-1400 CIVIL ACTION - IN DIVORCE v. DONNA L. OUBS, Defendant , 11 Ar'IDAVI1 O. BRRVIC8 I I, BARBARA SUMPLE-SlILLIVAN, ESQUIRE, do hereby oertify >I that I served a copy of the COMPLAINT IN DIVORCE in the above- captioned matter by United states Mail, Restricted Delivery, Certified No. P 210-056-906, Return Receipt Requested, on the above-named Oefendant, OONNA L. DUBS, on March 23, 1994, at Oefendant/s last known address: 1101 Lindham Court / Mechanicsburq / Cumberland County / Pennsylvania 17011. The original receipt and return receipt card number P 210-056-906 ore attached hereto evidencing receipt on March 24/ 1994. While said return receipt was Bigned by Karen Lee Dubs, said Karen Lee waB specifically authorized, in writing by Defendant, to sign for said complail1,t.'.' 3849, showing said authorization ~8 al 0 ereto. oatedc , ~:rr~are sumPle: ul~n, ;( ~49 Bridge Street New cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 April 5/ 1994 re , \' '1' , " I ..,. , "II P 2LO 056 90b 4 Allcelllllor A ~~,~'~;~~~~~, ~~~~'III" 1',",,011101 ,'n:lll-,\'''\!'. l)'IIlllIIHIIJ "'llnllHtl,'llllllllll MUll r~il'" 11'1"111 hI'l, . . _ ,_._ ,.".,.". f',., LOS , ,u,;;nf'O.,\.\.MJ,L.- '," '," "IIl,)1 ,L,Y~~Y!~\,,'C, ..,.. ~~~ll,,~....... , ~t:;!. $ , , , ' " .- .--~ '.. ,~~!, el(.) /",.. ~ k " :f I L I $ --0 2. CJ1. I;,;;'r I!(li " r, I' I" I' I,', \ i, r .. I 1",~~,1;>>~h,~ ~Ub;S " I':: ':I:"~ \O\~\r1c\, h-~"-~T I': ':~'~~~'\)'~' I,i ' " ',' ~06S I,.~~ r~1 I I "" "', ,'I"li'Ij1t~;1 t,\I\'f',I''''''~~.""" , " 'I · '... .,10 ~ \II.t "'1' wlllt ~.~ III ...,. "1 . " , , h,[;J ~ , I' . i t. ~1Ilc," D~ .. ..... ,- ,.....' ..--.....- .._--~_... ------..... .,.---.--.-.--..- " ~ W. tried to dlllv,r ~~Ie .omlthl"g to you I ' w. can brln It backl 0 y Itll I: (/If _,"I It II Loclt.d: or 0'" H 0".: 0 Hvt.lmy II Rid Ilv.rv (Nlow' dtIIvt/)"lIIYI (11jfJ'C1fY WIlt", . : "', rtdtNVt1)/1 0 Dtllv" 10 (fnl" t4 J IIlcIWe."lItIlipp1y: n",,' a .dIII.../: ~ m/lrlIlflow;1Ild "10 Mon 0 Tu. ,)!L"IhI~r:r~on Il~fo' ~.:~~ .~!.t..~.~~~..........9.F.;.~;.~..~.n~' m.j: _ ~~~ O Y C our B1gn.lurt' .. r- r, ou In: U 8 POST OHICI I ' ',IM'ilrlfdt...."y; MICHANICI8URa. PA 170U v -',~ {t)plchpric/u' M.' ':00 AM .1130 PM I\rr-" '-T., ~.J~J,n~T. ':00 AM. II NOON D.llvlllY oUHlAemhlllt/ ~1;;obI101 PHONII 17171 ..7./1141 O~ 4141 ,.,omiU.f..,.."ory lItO , , ',' .... ,,,, .. I , ~ .. \\ . .' .. .' .---. ---.~.__._-_.-.. --ooy '-- , ... : tit.. our mI II _-0 ..pr... Malh (Au/om.lIo rtda/lvo/y nul .,/Very day ~Urtd ~Io ~ 111111<1 Fo1i1.l'p'ollo",o'l :"" D R.g1lltrtd I _ D R.lum Rlc"pllor M.rchandlu D R.Cllrdtd DoIlv.1V {ln~m,'/on"1 D Iptcl.1 D.IIVtry ol""or.m J ~. 'I , ,I '" D Undtlm.dO R.ruud 0 Rllumtd . 0 Unlonown C FOl\VlrdtdD O''''r (8pICl/'y) "'orm un. ,1bnI01'f '"~ , I I . i l \ ~ - I ........ '" . I :\ I, , I, . " ,/ I .. , " ,4101 l. ooBSi I' P ainUff II va. II [bonA L. 001&, , I Defendant : IN '1'111 COURT or COMMON PLIAS CUMDIRLAND COllNTY, PBNNSYLVANIA No. 94-1400 CIVIL AC'l'ION ~, IN DIVORCB , ,I I AP.IDAVIT OF CONSENT I: 1. A Complaint in Divorce under Section 3301 (c) of the Divoroe Code was filed on April 7/ 1994. I Ii :.l. The marriage of Plainti ff and Defendant ia , " ~rretrievably broken and ninety (90) days have elapaed from 'I Ithe ,I I' " date of filing of the Complaint. 3. I consent to the entry of a final decree of divoroe. I' 4. I understand that I may lose rights concernint,J 'I '~limony, division of property/ lawyor's fees or expenses if I " , ~o not olaim them before a divorce is granted. I' I verify that the statements made in this Affidavit are !I "true and correct. X understand that false statements herein " ~r.'made subjeot to the penalties of 18 PA. CSA Section 4904 , ,relating to unsworn falsification to authorities. I'pate t l~fdu..,,-tuJ.), I II '11-__ , / I I , , b~V JI....,.,...A...-;~ 0<1.(. /. t..--' o . A L. DUBS I, I " ., II Ii 'I I II " :1 ' I I I I "