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HomeMy WebLinkAbout94-02644 ~ ~.' ~ ~ :'. ~ :'. ,-- - - . :-?.:. .:.:. .:.:. -:.:. ~ ... ~ ',' ~ ',' ~ '7' ~ ... ~ '.' ~ '.' ~ " ~. i ',' . , . . . .:.:. .:<<. .:<<. ':4':' .:+:. .:.:. ,:+:,"':C-' .:.:...:.:. .:+:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. :-.:.:.:.::.:.:.::.:.:.-:.:c....:.:.>:.:. .:.:. ':.:'o:'.:+:.-:..;~ ~'l -- ...-.--- !W if, " ' , ~ ,', ~ ~ ',' IN THE COURT OF COMMON PLEAS COUNTY $ OF CUMBERLAND ,', ~ ~ ',' ~ ',' ~~ I. .. ..\~~' . , ' ~",",.:r PENNA. STATE OF ~ ',' ~ ',' ~ ',' RONA J " t1.YERS Plaintiff .r * N ()....9.4.':'.~.~.~.4 ....c::D'.I.~ It) ,', ~, Vel':;;!l:; .. ~ , ,WILLIAM E. MYERS, JR. ~ '.' Defendant $ " $ i ',' DECREE IN DIVORCE AND NOW, .. ,. o.j,,?~cJ....I.~.. .. . .. " 19.7.1... it is ordered and ~ ~l ',' ~ .. ~ ',' decreed that ...""...,.". ,~~~~, ,J... ,~:,~~~, . , , , . . . . , . . . , , , , '. plaintiff, and........,..,....,....... .I:l~~.~~~..~~ ,~X,~~~!, .~~:"...... defendant, are divorced from the bonds of matrimony. ~ ~.' i ~.' " '7' 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; AND IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that the tenns, provJ.S10ns ?~~.~~~~~~?~,?~,~.~~~~r.p~~~y.~~~~~~~~, pgr~~~ Re,~n .tA~ ~~es dated June 24, 1994 and attached hereto, are hereby incorporated in this Decree and. Order. by. reference. as. fuUy. as. though. the- 6l:11lle- were- set, forth herein e1: length. Sai eement shall not merge with, but shall survive this Decree and Orde n y The, Co U r 't!.- .._.I!..! J.~, '";\U S Alle't:O 0 . C}.<I''- o. !Jl.<.l.G- O<fJ<' 71 Prothonotary . ~, ~ ~.~*.~~~.~*~*.~.**~*~.~.**.* ,'. ~ ~ " ~ '.' ,', * ,,~ ~ ~ '.' ,'. ~ ,.; * ,'~ ~ i '.' i '.' ,', * i '.' i '.' w '.' " ~ :. ~.; ~ ~ '.' ~ ~., ". ~ ~ ~.' i '.' i '.' $ $ i ',' .~ ( , (~ /'" (~ I: ,\~ ( , 1: 1':' :~ J. ;* '~ . . ''0 ('.' :~ . 1h.c<.." ~' IO./7.fY , , . RONA J. MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 94-2644 v. : CIVIL ACTION. LAW WILLIAM E, MYERS, ]R" Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit 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 Complaint: May 18, 1994 by Certified mail, return receipt requested. 3. (1) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: October 13, 1994. by Defendant: September 20, 1994 4. Complete the appropriate paragraphs: (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: None (d) The written agreement dated June 24, 1994, is to be incorporated into the Divorce Decree. A true and correct copy of the fully executed agreement to the proposed Decree that is submitted herewith. Date: October 13, 1994 ~o....~...~l~~ Attorney for Plaintiff ~ en ~~~ " ::c ., 0- :r ;;> ~ '0 . \'-1 r-> - '.. c. ... = . TABLB OF COHTBHT8 Heading ~~ Introduction . . . . . . . . . . . . . . . . . . . . . . . . 3 General provisions . . . . . . . . . . . . . . . . . . . . . 4 property Distribution provisions . . . . . . . . . . . . . 10 closing provisions and Execution . . . . . . . . . . . . . 14 , section 1 Intro4uotion AGREEMENT made this 24th day of June, 1994, by and between Ron JOLBBIf UUS ("Wife") and WILLIAM BDlfARD UUS JR. ("HUsband"). WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on october, 21, 1989, in Hummelstown, Pennsylvania. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the past, present and future support, alimony, alimony pendente lite and/or maintenance of Wife by Husband or of Husband by wife; and in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 3 , section 2 Oeneral provisions 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no- fault divorce pursuant to the provisions of section 330l(c) of the Divorce Code of 1980, as amended. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3 . AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. 4. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place on the "distribution date" which shall be 4 defined as the date of execution of this Agreement unless otherwise speci! ied herein. However, the support andlor alimony payments provided for in this Agreement shall take effect as set forth herein. 6. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, prOfession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationShip of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, 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 surviVing spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United states, or any other 5 country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. 9. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. 10. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 11. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6 12. INTEGRATION This Agreement constitutes the entire understanding 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. 13. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at most ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 14. NO WAIVER OF DEFAULT 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 breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 15. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 16. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to William Edward Myers Jr., 537.2 -() }f.o~YI"k I/J, ~",sJ~. fA I'lt(l1f , or such other address as Husband from t me to t me ay designate in writing. 7 Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Rona Joleen Myers, , and Randall L. Hartman, Esquire, or such other address as Wife from time to time may designate in writing. 17. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 18. APPOINTMENT OF ESCROWEES Wife and Husband hereby appoint Randall L. Hartman, Esquire, to serve as escrowees hereunder. The escrowees shall not be liable for errors of judgment, nor for acts due or omitted in good faith, but only for willful misconduct, fraud or negligence. The escrowees shall be protected in acting upon any notice, certificate or other document believed by either to be genuine and to have been properly executed. 19. LITIGATION Wife warrants and covenants that she has instituted no other legal actions, other than the pending divorce action, in Pennsylvania or in any other jurisdiction and covenants and agrees that she will not institute any legal proceeding in the future against Husband except for the purpose of enforcing any rights accruing to her under the terms of this Agreement. Husband warrants and covenants that he has instituted no legal actions in Pennsylvania or in any other jurisdiction and covenants and agrees that he will not institute any legal proceeding in the future against Wife except for the purpose of enforcing any rights accruing to him under the terms of this Agreement. 20. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor- spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other 8 provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 21. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 22. CONFIDENTIALITY This Agreement and the documents produced in the process of negotiating the provisions hereof ("documents") shall not be filed with any public official or otherwise placed on public record, except as may be necessary and required in connection with a divorce proceeding or in order to enforce any of the terms hereof. The parties shall cooperate in an effort to seal the record in any divorce proceeding as it may relate to this Agreement or the documents. The parties further agree that, subject to required disclosure by subpoena, deposition or other order of a court or governmental agency, neither party shall disclose the terms of this Agreement or the documents as aforesaid or the contents of the attached SchedUles, and each shall instruct his or her counsel and other experts to maintain this confidentiality. In the event of any subpoena, deposition or other order requiring disclosure of this Agreement or the documents as aforesaid, the party receiving such subpoena, deposition notice, or other order as aforesaid will notify the other and allow the other to defend against such disclosure at the defending party's own costs. The foregoing prohibition of disclosure shall not apply to discussions with the parties' children or disclosure to any proposed spouse of either party in connectlon with representations being made in a premarital agreement between a party hereto and such proposed new spouse. 9 Section 3 property DiatributioD ProviaioDa 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. 2. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. The Ford Aerostar shall hereafter be the sole and exclusive property of Rona J. Myers, subject to the Fulton Bank Loan. B. The Ford Ranger Pick-up Truck shall hereafter be the sole and exclusive property of William E. Myers, Jr., subject to the West Shore Teacher Federal Credit Union Loan. C. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on distribution date. D. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the documents of title are in the hands of such bank and/or lienholder. 3. BANK ACCOUNTS/CREDIT CARDS The parties do not have a joint bank account. 10 William E. Myers, Jr., husband, agrees to assume the outstanding balances on the following credit cards and personal loans. He further agrees to have his wife, Rona J. Myers, removed from responsibility on those credit cards personal loans and william E. Myers, Jr., further covenants and agrees to hold Rona J. Myers harmless from any such liability or obligation. HmnA Account Number Estimated Amount Hess's Sears Getty Mastercard citibank Visa Montgomery Ward PNC Mastercard Boscov's JC Penny 657 730 296 6 5 58865 83705 5 5329 0028 0707 7200 4128 0031 6507 4736 111 099 626 5436 8140 1102 8534 100 991 721 079 523 788 2 400.00 2800.00 900.00 750.00 1500.00 2700.00 1100.00 1000.00 , ~,,\d> v.J~ ~~E' li',,",oll : \II 700.00'~~",^\..~ ....'\1\. 2600.00 w$iFt.u ~iflr"" West Shore Teachers Federal Credit union 2593--Loan l-Truck 2593--Loan 2-Misc. Student Loan Service Center 197 56 9015 PA 6700.00 Rona J. Myers, wife, agrees to assume the outstanding balances on the following credit cards and personal loans. She further agrees to have her husband, william E. Myers, Jr., removed from responsibility on those credit cards and personal loans and Rona J. Myers, further covenants and agrees to hold william E. Myers, Jr., harmless from any such liability or obligation. Lane Bryant Bon Ton citibank visa Fashion Bug Roamans Amoco BELCO visa Mandee Boscov's 747 023 422 057 586 307 4128 0031 6873 5317 6004 6652 6377 5341 0.00 500.00 865.00 325.00 0.00 0.00 1200.00 0.00 600.00 466 227 282 4 1002 416050 109 264 423 citicorp Mortgage 0009879927-05 63000.00 (covered under Real Estate section of agreement) Fulton Bank (Van) 11.11 1057 216 1007546 The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 11 4. WAIVER OF RETIREMENT BENEFITS Husband and Wife hereby specifically release and waive any and all interest, claim or right that he or she may have to any and all retirement benefits (including pension or profit sharing benefits) or other similar benefits of the other party. The parties further acknowledge and agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this paragraph. 5. TRANSFER OF REAL ESTATE Husband shall make, execute and deliver all documents in the usual form conveying, transferring and granting to Wife all of his right, title and interest in and to the real estate situate at and known as 315 First street, Summerdale, PA. The said conveyance shall be free of all liens and encumbrances except the lien of the existing mortgage and shall be under and subject to any covenants and restrictions of record. Husband hereby assigns to Wife any and all interest which he may have in any insurance policies covering the real estate, or in proceeds from such policies, or in any prepaid real estate taxes. Wife hereby guarantees to indemnify Husband and to hold him harmless for any and all payments due in accordance with the terms of the mortgage existing against the property. The documents executed by Husband shall be delivered Wife, to be held distribution date. conveying title to the property shall be on the date of execution of this Agreement and to Randall L. Hartman, Esquire, counsel for in escrow and delivered to Wife on the 6. REAL ESTATE EXPENSES From the date of execution of this Agreement, Wife agrees to assume as her sole obligation any and all mortgage payments, taxes, utility charges, insurance, maintenance, repairs, claims, damages and all other expenses incurred in connection with the real estate situate at and known as 315 First street, SUmmerdale, PA. Wife further agrees and covenants to hold Husband harmless from any liability or obligation arising from any expense incurred in connection with the said real estate. 7. EXCLUSIVE RIGHT OF OCCUPANCY OF REAL ESTATE From the date of execution of this Agreement, Wife shall have the exclusive right to occupy the premises situate at and known as 315 First street, Summerdale, PA, free of rent without interference or harassment by Husband. 12 Husband agrees to refrain from instituting any action in equity or partition or otherwise in connection with said premises. 8. CONSIDERATION FOR TRANSFER OF REAL ESTATE In consideration for the conveyance set forth in Paragraph 5 of this Agreement, Wife shall pay to Husband the sum of $ 1.00, the said sum to be paid by Wife on the date of execution of this Agreement to Randall L. Hartman, Esquire, who will hold same in escrow and deliver the monies to Husband on the distribution date hereof. 9. RELEASE OF MORTGAGE LIABILITY Husband has agreed to convey, transfer and grant to Wife his right, title and interest in the real estate situate at and known as 315 First Street, Summerdale, PA. Wife hereby agrees that as soon as possible, but not more than six (6) months, after the granting of the divorce, she will cause the release of Husband from any liability or obligation on the mortgage note presently existing with respect to said premises and upon which both parties hereto are liable. From the date of the Agreement, Wife agrees to assume as her sole obligation any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection with said premises. Wife further covenants and agrees to hold Husband harmless from any such liability or obligation. 10. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, 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. 11. WAIVER OF SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE Husband and Wife do hereby waive, release and give up any rights arising from the continuing existence of their marital relationship which either may have against the other for spousal support, alimony pendente lite, or other maintenance of any kind, except as otherwise specifically provided herein. 12. WAIVER OF ALIMONY Husband and Wife do hereby waive, release and give up any rights which either may have against the other to receive alimony or other post-divorce maintenance or support. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any support from the other party. 13 clo8inq proVi8ion8 an4 zzeoution Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. ~..C\,&).~1I'co WITNESS f~ (1 ~OAE1 WIFFf ~~B:~/ ( SEAL) ~O~~<~W~ WITNESS . (SEAL) 14 .",. 0'> ~ ,- ,- >- "'== ..- -71: .... .... . ~. r. .' ~;.I:-""r , ..~.._';.. .....:":: ,--,--" ~, ;',. '" .J <=> - '-' . .... .l ~ .. ~, RONA J. MYERS, plaintiff . . IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v. . ~ No. qJ.j - :;totJ.L/- G.,"I krfl1 . WILLIAM E. MYERS, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND 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 in divorce or annulment may be entered against you by the Court. A judgement 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 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 Courthouse, Carlisle, Pennsylvania, and the Cumberland County Domestic Relations Office, 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 TAItE THIS PAPER TO YOUR LAWYER AT ONCE. II' YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONB THB OFFICE SET FORTH BELOW TO FIND OUT WHERB YOU MAY GET LEGAL HBLP. COURT ADMINISTRATOR, CUMBERLAND COUNTY CUMBERLAND COUNTY COURTHOUSE 4TH Floor--1 Courthouse square Carlisle, PA 17013 (717) 240-6200 B~.O.crJ t~\- .\ ,^,C' Randall L. Hartman, Esquire Randall L. Hartman, PC 438 Market Street Lemoyne, PA 17043 (717) 761-8490 Attorney for plaintiff . '. RONA J. MYERS, . IN THE COURT OF COMMON PLEAS . Plaintiff . OF CUMBERLAND COUNTY, PENNSYLVANIA . : . No. . v. . . . CIVIL ACTION - LAW . WILLIAM E. MYERS, JR., : Defendant . IN DIVORCE . COMPLAINT UNDER SECTION 3301(0) OF THB DIVORCB CODB AND NOW, comes Plaintiff, Rona J. Myers, by and through her attorney, Randall L. Hartman, Esquire, Randall L. Hartman, PC, Lemoyne, Pennsylvania, and files the following: COUNT I DIVORCE PURSUANT TO SBCTION 3301(0) OF THB DIVORCB CODB 1. Plaintiff is Rona J. Myers, who currently resides at 315 First Street, Summerdale, Cumberland County, Pennsylvania, 17093. 2. Defendant iR William E. Myers, Jr., who currently resides at 315 First street, Summerdale, Cumberland county, Pennsylvania, 17093. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. The plaintiff and defendant were married on October 21, 1989, in Hummelstown, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. 8. After ninety (90) days have elapsed from the date of the filing of this Complaint, plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 330l(c) of the Divorce Code. Respectfully submitted: ~~4~vv- Randall L. Hartman, Esq. Randall L. Hartman, PC 438 Market street Lemoyne, PA 17043 (717) 761-8490 I.D. No. 68732 .- ":t. .,... <t :r 1- ~ -g, 1 0 ri -::r- 1.0 \.f) en >-- Q (~ -:r - c; _ 0 . - 0 0 = . .~! \[) 0 ^J L.._ ^ , - ()O .::P ..;: <.:. (..) :~ \f) II) :tj @ .::r ;;':"'-", 11- - .,',.'.. r :p. ~ <:L. ' ,- .., "'" ~ . >- .. 0.< "'= -:r ....,. ,. ,..... - " .. = '1; ., .,"" N ., r. .... . = ..r r- ~.:,.~ .. - ::;l".; '-' = -._~ -::;" en -'::>- ":"'~-; x: 0- ::r r..) '. : :','- 1 .... .~ C'oJ m - c..,) ,.......- = .. .. . ". # . . RONA J, MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : No, 94-2644 v. : CIVIL ACTION - LAW WILLIAM E. MYERS, JR" Defendant : IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under ~ 3301(c) of the Divorce Code was filed on May 18, 1994, 2, The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the filing of the Complaint. 3. I consent to the entry ofa final decree of divorce. 4, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5, 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. ~ 4904 relating to unsworn falsification to authorities, I It/A~ (2 ~,,/ /,~ To 7/?0~",'" /:...... William E, Myers, Jr. ' i Date: '1/.2(<;/1'1 .... ,. . ~ - ...- CERTIFICATE OF SERVICE I, Randall L, Hartman, the undersigned, hereby certifY that I have served a true and correct copy of the foregoing document, United States certified mail, postage prepaid, return receipt requested, upon the following persion, on the date indicated below: William E, Myers, II', 315 First Street Summerdale, PA 17093 ~ ~~ 4-c\-.\~~o-- Date: I I i I a:. ""'" J..... -:':~"'- 't2'ii~'~ ..~ -.' '. .. J "'-, :.t ;~,~ - :c:; .~ .... .... - - ~ e:. V1 , -, "t-j ".;:i\. . ") co. 7.) <> -- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RONA J. MYERS, Plaintiff . . v. WILLIAM E. MYERS, JR., Defendant NO. 94-2644 CIVIL TERM ORDER OF COURT AND NOW, this 1~1L day of October, 1994, upon consideration of the Praecipe To Transmit Record filed in the above matter, and it appearing that Plaintiff's affidavit of consent was filed more than thirty days after its execution, a decree will not be entered at this time, without prejudice to the right to file a new affidavit and praecipe to transmit record. BY THE COURT, , i . /7 ~ 11/ } Ii. . .:/~i.. 0~1'. A J Wesley Ole~r., J. . Randall L. Hartman, Esq. Attorney for Plaintiff :rc , f~;f~~~ t0~D